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Zusammenfassung:
This Article investigates the role local governments have played in bringing about constitutional change in the area of gay rights. Localities are conventionally framed either as administrative agents that implement state and federal norms or as creators of local regulation, the effect of which is strictly limited to the local territory. Conventional images of constitutional law accordingly assume that the competences of local governments are too limited to influence constitutional change. I take issue with this assumption and illustrate that localities can be generators of
important legal norms that transcend
the local territory. By acting through
legal, rather than purely political means, the performative nature of local
regulation influences state and federal law in a constitutional order characterized by polycentricity and porosity. As such, municipal policies have been one of many driving
forces behind the significant changes in gay
rights at the state and federal levels over the past years.
