Bibliographic record
Abstract
The constitutional equality litigation ending in same-sex marriage in Canada figures prominently in comparative constitutional literature work on gay rights. Scholars recount the sequence of judgments under the equality guarantee in the Canadian Charter of Rights and Freedoms and speculate on the lessons for other jurisdictions. But the prevailing account wrongly characterizes these developments as exclusively ones of public law. This paper tells the untold story of the pedigree of same-sex marriage in Canadian private law, especially family law. A functional approach in family law, which recognized same-sex couples as marriage-like family units, informed the context in which judges interpreted the constitutional equality guarantee. The case study points to the problematic sense on the part of many scholars of constitutional law as autonomous. Public law scholars have discussed how constitutional law influences private law, but they do not typically understand the influence as mutual and the relationship as reciprocal. While comparative constitutionalists may, as some have suggested, draw productively on other disciplines to enrich their inquiries, they might also benefit from attending to the connections with other fields of law.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.012 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.021 | 0.056 |
| Scholarly communication | 0.012 | 0.006 |
| Open science | 0.002 | 0.005 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.007 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".