Errata

As a result of miscommunication by the 2001-2002 Capital University Law Review staff, the unedited version of Professor David Cruz's article was published in 30-2. The staff also failed to correct the author's title from Associate Professor of Law to Professor of Law. Please accept the Law Review's apology for any inconvenience this has caused Professor Cruz, or our subscribers. The following contains some of the corrections for the article entitled The New "Marital Property": Civil Marriage and the Right to Exclude? Unfortunately, these are not all of the necessary corrections, however, a corrected version of the article can be found on LEXIS and WESTLAW.

The sentence pp.279-80 should read:

But many people have also questioned whether the creation of a regime of parallel marriage and civil unions, or the creation of domestic partnership legislation elsewhere, is an improper variation of "separate but equal,"⁴ only now in the symbolic service of straight supremacy, not white supremacy.

The last full sentence p. 283 should read:

As far as status relations are concerned, separate- but-equal civil marriage/civil union statuses present a situation significantly (although not entirely) akin to what the Supreme Court faced in Brown v. Board of Education,²⁶ where the Court unanimously concluded that "separate but equal" black and white schools were inherently unequal.²⁷

Note 33 p. 284 should read:

Any symbolic message of inferiority such schools expressed might be thought to have stemmed from the demonstrable inferiority of the facilities afforded black children.

The second sentence of n. 44 p.286 should read:

Vermont itself only officially discriminates against same-sex couples with respect to the status it affords us (with the important qualification noted supra n. 22), whereas states, including but not limited to Louisiana, physically segregated black and white people in an intentionally insultingly wide range of settings.

On p. 290, the fifth sentence should read:

Additionally, neither do same-sex couples' decisions that there is more to be gained from joining in civil...