Washington and Lee law professor Russ Miller has published a piece titled “Differencing Same-Sex Marriage” at the blog site for the Journal of International Constitutional Law (I-Connect).
In the piece, Miller explores recent efforts by the U.S. Supreme Court and the Constitution Court of Germany to deal with same-sex marriage. He notes that there is strong temptation for comparative law scholars to draw comparisons between the U.S. and Germany in these cases, but argues that that effort might be mistaken. He concludes the piece by saying:
If the Supreme Court ends up ruling in favor of same-sex marriage, the temptation for comparative constitutional lawyers to conclude that there is an emerging constitutional convergence in favor of the rights of homosexuals will be great. Whatever political—or even theoretical—position that functionalist comparative law conclusion serves, it would be only the most superficial comparative “reality.”