Digital Commons Network^™

Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips

William & Mary Journal of Race, Gender, and Social Justice

This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …

Why Liberalism Persists: The Neglected Life Of The Law In The Story Of Liberalism's Decline, Kenneth L. Townsend

St. John's Law Review

(Excerpt)

Liberalism is in decline in the West. Past political divides that pitted classically liberal conservatives against moderate to progressive political liberals are giving way to a new landscape in which a liberal consensus simply cannot be assumed. From the left, socialist and identity-based critiques of liberalism have called into question core liberal assumptions regarding procedural justice, the division between public and private realms, and the rights of individuals. From the right, an increasingly vocal group of conservatives is questioning classical liberalism’s commitment to limited government, a free market, and individual rights in favor of a vision of political community …

Federal Architecture And First Amendment Limits, Jessica Rizzo

Washington Journal of Law, Technology & Arts

In December of 2020, President Trump issued an executive order on “Promoting Beautiful Federal Civic Architecture,” a draft of which was leaked to the press in February under the title, “Making Federal Buildings Beautiful Again.” The order provided for updating the Guiding Principles of the General Services Administration’s Design Excellence Program to promote the use of “classical and traditional architectural styles,” which “have proven their ability to inspire…respect for our system of self-government.” According to the order, there would have been a presumption against the use of such modern architectural styles as Brutalism and Deconstructivism in the construction of new …