The Legal Fiction of De Facto Parenthood 36 JOURNAL OF LEGISLATION 262 (2010)

Enough About Marriage, Let's Talk About Me 24 THE FAMILY IN AMERICA 199 (Spring 2010)

Waxing State, Waning Family 23 THE FAMILY IN AMERICA 21 (Winter 2009)

Speaking Up for Marriage 32 HARVARD JOURNAL OF LAW & PUBLIC POLICY 915 (2009)

Deconstructing Parenthood 22 THE FAMILY IN AMERICA 1 (2008)

Does Marriage Have a Future? 83 NORTH DAKOTA LAW REVIEW 1273 (2007)

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)

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

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

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

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)

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

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

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

Marriage Facts 31 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 313 (2008)

Marriage Facts
(A Longer Version of the Harvard Article)

Eliding in Washington and California 42 GONZAGA LAW REVIEW 501 (2007)

Dworkin, Marriage, Meanings and New Jersey 4 RUTGERS JOURNAL OF LAW & PUBLIC POLICY 271 (2007)

Eliding in New York
1 DUKE JOURNAL OF CONSTITUTIONAL LAW & PUBLIC POLICY 221 (2006)

Presentation at UCLA Marriage Symposium

Genderless Marriage, Institutional Realities and Judicial Elision1 DUKE JOURNAL OF CONSTITUTIONAL LAW & PUBLIC POLICY 1 (2006)

Judicial Redefinition of Marriage21 CANADIAN JOURNAL OF FAMILY LAW 11 (2004)

Marriage and the Betrayal of Perez and Loving 2005 BYU LAW REVIEW 555

Genderless Marriage and Institutional Theory