Does Marriage Have a Future? __ NORTH DAKOTA LAW REVIEW __ (forthcoming 2008)

Marriage and the Utopian Temptation 59 RUTGERS LAW REVIEW 265 (2007)

Constitutions and Marriage 6 WHITTIER JOURNAL OF CHILD AND FAMILY ADVOCACY 331 (2007)

Portrait of an Institution 50 HOWARD LAW JOURNAL 95 (2006)

Civility & Chivalry 19 UTAH BAR JOURNAL 18 (November/December 2006)

Avoidance Strategy: Same-Sex Marriage Litigation and the Federal Courts 29 CAMPBELL LAW REVIEW 29 (2006)

Marriage Amendments and the Reader in Bad Faith 7 FLORIDA COASTAL LAW REVIEW 233 (2006)

Statutory Responses to "Wrongful Birth" and "Wrongful Life" Actions in LIFE AND LEARNING XIV (University Faculty for Life 2005)

State, Society and the Redefinition of Marriage 19 THE FAMILY IN AMERICA 1 (September 2005)

Survey of Interstate Recognition of Quasi-Marital Statuses 3 AVE MARIA LAW REVIEW 617 (2005)

DOMA and Marriage 17 REGENT UNIVERSITY LAW REVIEW 203 (2005)

Choice and Kinship in Contemporary Family Law 4 WHITTIER JOURNAL OF CHILD AND FAMILY ADVOCACY 233 (2005)

Legislative Deference and the Novelty of Same-Sex Marriage 16 STANFORD LAW AND POLICY REVIEW 83 (2005)

Revisiting State Marriage Recognition Provisions 38 CREIGHTON LAW REVIEW 233 (2005)

Private Property and Public Policy 2005 SUTHERLAND JOURNAL OF LAW AND PUBLIC POLICY 23 (2005)

The Case for a Federal Marriage Amendment 30 THURGOOD MARSHALL LAW REVIEW 145 (2004)

Goodridge and the Rule of Law 14 BOSTON UNIVERSITY PUBLIC INTEREST LAW JOURNAL 42 (2004)

The Role of Litigation in Gay Rights: The Marriage Experience 24 SAINT LOUIS UNIVERSITY PUBLIC LAW REVIEW 113 (2004)

Against Redefining Marriage: A Review and Critique of Recent Legal Developments 23 QUINNIPIAC LAW REVIEW 427 (2004)

The State Interests in Marriage 2 AVE MARIA LAW REVIEW 153 (2004)

Marital Status and Adoption Values 6 JOURNAL OF LAW AND FAMILY STUDIES 1 (2004)

The Litigation to Redefine Marriage: Equality and Social Meaning 18 BYU JOURNAL OF PUBLIC LAW 623 (2004)

Family as the Fundamental Unit in Policy Making in FAVORING THE FAMILY (Sutherland Institute 2003)

Family as the Fundamental Unit in Marriage and Divorce in FAVORING THE FAMILY (Sutherland Institute 2003)

The Social Good of Marriage and Legal Responses to Non-Marital Cohabitation 82 OREGON LAW REVIEW 1001 (2004)

Re-Binding the Ties that Bind: Governmental Efforts to Preserve and Promote Marriage 53 FAMILY RELATIONS 459 (October 2004) with Sean E. Brotherson

In Whose Best Interests: Sexual Orientation and Adoption Law 31 CAPITAL UNIVERSITY LAW REVIEW 787 (2003)

Whither Marriage in the Law? 15 REGENT UNIVERSITY LAW REVIEW 119 (2003)

"The Mere Allusion to Gender": Answering the Charge that Marriage is Sex Discrimination 46 ST. LOUIS UNIVERSITY LAW JOURNAL 963 (2002)

Sexual Orientation Bias: The Substantive Limits of Ethics Rules 11 AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY AND THE LAW 85 (2002)

The Many Questions of Civil Unions: An Introduction to a Symposium Addressing the Impact of Civil Unions 11 WIDENER JOURNAL OF PUBLIC LAW 361 (2002)

The Legacy of Romer v. Evans 10 WIDENER JOURNAL OF PUBLIC LAW 161 (2002)

Impasse in the Marriage Debate 11 TRINITY LAW REVIEW 193 (2002)

Domestic Partnership Laws in the United States: A Review and Critique 2001 BYU LAW REVIEW 961 (2001)

"Don't Ever Take a Fence Down": The "Functional" Definition of Family-Displacing Marriage in Family Law 3 JOURNAL OF LAW AND FAMILY STUDIES 57 (2001)

"A Lawyer Class": Views on Marriage And "Sexual Orientation" in The Legal Profession 15 BYU JOURNAL OF PUBLIC LAW 137 (2001)

Marriage and Democracy in Oregon: The Meaning and Implications of Tanner v. Oregon Health Sciences University 36 WILLAMETTE LAW REVIEW 503 (2000) with David Orgon Coolidge

Reaffirming Marriage: A Presidential Priority 24 HARVARD JOURNAL OF LAW, ETHICS AND PUBLIC POLICY 623 (2001) with David Orgon Coolidge

Beyond Baker: The Case for a Vermont Marriage Amendment 25 VERMONT LAW REVIEW 61 (2000) with David Orgon Coolidge

The Alaska Marriage Amendment: The People's Choice on the Last Frontier 16 ALASKA LAW REVIEW 213 (1999) with Kevin G. Clarkson & David Orgon Coolidge

Definition or Discrimination? State Marriage Recognition Statutes in the 'Same-Sex Marriage' Debate 32 CREIGHTON LAW REVIEW 3 (1998) with David Orgon Coolidge

Perdue v. O'Kelley, Georgia Supreme Court, 2006 (representing United Families International as amicus curiae)

Lewis v. Harris, New Jersey Supreme Court, 2005 (representing The Anscombe Society at Princeton University as amicus curiae)

Hernandez v. Robles, New York Supreme Court Appellate Division, 2005 (representing United Families International as amicus curiae)

Shields v. Madigan, New York Supreme Court Appellate Division, 2005 (representing United Families International as amicus curiae)

Samuels v. Department of Public Health, New York Supreme Court Appellate Division, 2005 (representing United Families International as amicus curiae)

Anderson v. King County, Washington Supreme Court, 2005 (representing Marriage Law Foundation as amicus curiae)

Citizens for Equal Protection v. Bruning, United States Court of Appeal for the Eighth Circuit, 2005 (representing United Families International and Center for Arizona Policy as amici curiae)

ACLU v. Anchorage, Alaska Supreme Court, 2005 (representing North Star Civil Rights Defense Fund as amicus curiae)

Lewis v. Harris, New Jersey Court of Appeal, 2004 (representing New Jersey Catholic Conference, New Jersey Family Policy Council & New Jersey Coalition to Preserve and Protect Marriage as amici curiae)

Lofton v. Kearney, United States Court of Appeal for the Eleventh Circuit, 2004 (representing Florida legislators as amici curiae)

Goodridge v. Department of Public Health, Massachusetts Supreme Judicial Court, 2003 (representing Marriage Law Project as amicus curiae)

Burns v. Burns, Georgia Court of Appeal, 2002 (representing Vermont legislators as amici curiae)

Other Publications

Defining Decision National Review Online (September 4, 2007)

Friends with Benefits National Review Online (October 17, 2006)

Is That All You Got? National Review Online (February 17, 2006)

Today Massachusetts, Tomorrow . . . ? National Review Online (May 17, 2004)

What Are We Conserving?, Sutherland Institute (February 5, 2008)

Testimony, Utah Senate, Judiciary Committee (February 7, 2007)

AB 205: Alternative Marital Status?, UCLA Law School (December 1, 2003)