ترجمه مقاله برابری ازدواج و میراث های تاریخی فمینیسم

In Obergefell v. Hodges, marriage equality advocates won a spectacular victory, vanquishing the material and dignitary harms that same-sex marriage bans visited upon individuals and families. The product of a decades-long struggle for recognition, the legalization of same-sex marriage marked a triumph eminently worthy of celebration. But Justice Anthony Kennedy’s majority opinion also felt bittersweet to many feminists and LGBT activists. Obergefell glorifies marriage as the apotheosis of human fulfillment and freedom, as fundamental to full citizenship and belonging. For those who sought sexual liberation and eschewed monogamy; who scorned marriage as a patriarchal, heterosexist, capitalist travesty; who wished to marry but could not; or who found personal fulfillment outside of intimate conjugal relationships, the opinion’s rhetoric rankled. Moreover, critics saw in Obergefell not merely an endorsement of inclusion and dignity for same-sex couples, but an implicit ratification of the legal and social privileges accorded to marital families and withheld from the nonmarried.1 The Obergefell opinion also troubled some who wished to find a more precise and generalizable doctrinal exposition of equal protection and due process principles in the opinion’s florid but somewhat nebulous paeans to liberty and equality.2