Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

PDF

William & Mary Bill of Rights Journal

Same-Sex Marriage

Articles 1 - 7 of 7

Full-Text Articles in Entire DC Network

The Lawfulness Of The Same-Sex Marriage Decisions: Charles Black On Obergefell, Toni M. Massaro Oct 2016

The Lawfulness Of The Same-Sex Marriage Decisions: Charles Black On Obergefell, Toni M. Massaro

William & Mary Bill of Rights Journal

No abstract provided.


Marriage Equality In State And Nation, Anthony Michael Kreis Mar 2014

Marriage Equality In State And Nation, Anthony Michael Kreis

William & Mary Bill of Rights Journal

No abstract provided.


Social Science Studies And The Children Of Lesbians And Gay Men: The Rational Basis Perspective, Carlos A. Ball Mar 2013

Social Science Studies And The Children Of Lesbians And Gay Men: The Rational Basis Perspective, Carlos A. Ball

William & Mary Bill of Rights Journal

This Article seeks to determine whether the social science literature on the children of lesbians and gay men precludes the government from relying on child welfare considerations to justify same-sex marriage bans and parenting restrictions affecting lesbians and gay men under the highly deferential rational basis test. Under that test, courts must uphold laws and regulations that have any conceivable basis of fact which is rationally related to a legitimate state interest. After comprehensively reviewing the social science literature, the Article concludes that the empirical evidence showing the lack of an association between parental sexual orientation and the psychological and …


The Nonproblem Of Fundamentalism, Andrew Koppelman May 2010

The Nonproblem Of Fundamentalism, Andrew Koppelman

William & Mary Bill of Rights Journal

No abstract provided.


Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process And Equal Protection Intersect, Sharon E. Rush Mar 2008

Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process And Equal Protection Intersect, Sharon E. Rush

William & Mary Bill of Rights Journal

This Article suggests that there is Proper Methodology that courts apply when reviewing cases at the intersection of due process and equal protection. Briefly, courts operate under a rule that heightened review applies if either a fundamental right or a suspect class is involved in a case, and that rational basis review applies if neither is involved (the "Rule"). Two primary exceptions to the Rule exist, and this Article identifies them as the "Logical" and "Ill Motives" Exceptions. The Logical Exception applies when a court need not apply heightened review because a law fails rational basis review. The Ill Motives …


Foreword: Disabling Brown, Michael Ashley Stein Apr 2006

Foreword: Disabling Brown, Michael Ashley Stein

William & Mary Bill of Rights Journal

No abstract provided.


The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball Apr 2006

The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball

William & Mary Bill of Rights Journal

No abstract provided.