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The Supreme Court's "Maverick" Justice: John Paul Stevens And Same-Sex Marriage, Jamie Acree
The Supreme Court's "Maverick" Justice: John Paul Stevens And Same-Sex Marriage, Jamie Acree
Master's Theses
This thesis predicts how United States Supreme Court Associate Justice John Paul Stevens would have ruled on the constitutionality of same-sex marriage if the issue were to have come before him while he was on the Court. The hypothesis is that he would have found a constitutional right to same-sex marriage. The hypothesis is substantiated based on an analysis of Stevens‟ record in ten specific cases. The thesis puts forth the argument that these ten cases most accurately predict how Stevens would have voted on the constitutional issue. Stevens‟ opinions and dissents in these cases are examined. Additionally, included is …
Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen
Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen
All Faculty Scholarship
In the United States, both constitutional law and tort law recognize the right to privacy, understood as legal entitlement to an intimate life of one’s own free from undue interference by others and the state. Lesbian, gay, bisexual, and transgender (“LGBT”) persons have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appealing to that right. In the constitutional arena, LGBT Americans have claimed the protection of state and federal privacy rights with a modicum of well-known success. Holding that homosexuals have the same right to sexual privacy as heterosexuals, Lawrence v. Texas symbolizes the …
Marriage For Some: Explaining The Variation In Gay Rights And Marriage Policy And Opinion Among States And Individuals, Jeffrey Billman
Marriage For Some: Explaining The Variation In Gay Rights And Marriage Policy And Opinion Among States And Individuals, Jeffrey Billman
Electronic Theses and Dissertations
This research aims to answer a simple question: Why are some individuals, and some states, more willing to extend protections to same-sex couples than are others? Drawing from the literature, I perform a battery of quantitative tests on variables most commonly associated with gay rights and gay marriage policy development: liberalism, education, age, religiosity, authoritarianism, tolerance, urbanization, and moral traditionalism. While I find that all of these variables have a relationship with gay rights and gay marriage opinion, I argue that those associated with religiosity have the strongest pull. However, religiosity does not act alone; moral traditionalism, age, and ideology …