person1989–2010

Margaret Marshall

Disciplines:

Summary

Margaret Marshall was Chief Justice of the Massachusetts Supreme Judicial Court whose Goodridge v. Department of Public Health (2003) opinion legalized same-sex marriage in Massachusetts.

Core Contribution

Marshall's Goodridge opinion held that the Massachusetts Constitution requires equal access to civil marriage for same-sex couples; Sandel analyzes the opinion to show that deciding what marriage is for requires a substantive moral judgment about its telos — not neutral procedure.

Key Spikes & Highlights

Goodridge opinion (first U.S. court ruling requiring same-sex marriage access under state constitutional law)
Moral reasoning required (her opinion argues marriage is about commitment and family — a substantive claim about marriage's purpose)
Sandel's telos test (used by Sandel to show that deciding same-sex marriage requires deciding what marriage is for — an Aristotelian question)
South African liberal background (was born and educated in South Africa; her anti-apartheid activism shaped her commitment to equal rights)

Historical Influences

William Brennan Ruth Bader Ginsburg

Intellectual Lineage

Constitutional jurisprudence Equality law

Contemporaries & Peers

Antonin Scalia Sandra Day O'Connor

Minds Influenced

Ruth Bader Ginsburg Anthony Kennedy

Intellectual Posterity

Goodridge v. Department of Public Health Same-sex marriage legalization in the U.S.

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