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Changing Hearts And Minds: The Politics Of Sentimentality And The Cultural Production Of The Gay Family In New Mexicos Same-Sex Marriage Debate, Nicolae Lavinia

Anthropology ETDs

Starting in February 2004, in the aftermath of San Francisco Mayor Gavin Newsoms authorization of city clerks to issue marriage licenses to gay and lesbian couples, same-sex marriage and LGBT families moved to the center of American politics. In the same month New Mexico succeeded in making its own mark on the national debate over same-sex marriage as Victoria Dunlap, the Sandoval County clerk, issued marriage licenses to gay and lesbian couples. The resulting sixty-four same-sex marriages incited New Mexico gay and lesbian activism around the issue of marriage and launched civil rights and moral debates that dominated the New …

Same-Sex Divorce In The United States: Protecting The Interests Of The Children, Joan Catherine Bohl

University of Miami Race & Social Justice Law Review

In light of recent political, legal, and legislative developments, the status of same-sex couples across the United States has become increasingly complex. This article focuses on the issue of same-sex divorce in a mobile society. When a same-sex couple moves from a state recognizing same-sex marriage—or from Canada—to a state that does not expressly recognize same-sex marriage, dissolution of that marriage can become a byzantine problem much more complex than a state’s “official” position on same-sex marriage. Relevant factors can range from the state’s legislative and executive pronouncements affecting homosexual citizens in areas such as pension benefits and health plans …

What Is Anthony Kennedy Thinking?, Sonja R. West

Popular Media

Supreme Court watchers have long made a national sport out of parsing Justice Anthony Kennedy’s every word. From issues as diverse as the death penalty, terrorism, and gay rights, Kennedy has been the only conservative justice to vote with the court’s more liberal wing. It’s not surprising, therefore, that as we wait for the court’s decision on same-sex marriage bans, the search for clues to Kennedy’s thinking has shifted into high gear.

In March, during the oral argument about California’s same-sex marriage ban, Kennedy said that he was “trying to wrestle” with a “difficult question” about the constitutionality of same-sex …

Disguising Religious Ideas In Secular Clothing: The Legitimation Of Religious Ideology In The Same-Sex Marriage Debate, Tess Burns

Honors Theses

This paper attempts to unpack the justifications of position against same-sex marriage in the hopes of revealing the process through which anti-gay rhetoric becomes acceptable. By examining the legal and political arguments against same-sex marriage, we can come to a fuller understanding of how and why ideas become legitimate. The findings will not only be applicable to the anti-gay movement, but to a number of relevant social and political issues, perhaps including abortion and even tax reform. By discovering the ways in which ideas are legitimated, we can come to a deeper appreciation of the mobilization and counter-mobilization efforts that …

An Examination Of Interest Groups : Impact On Public Opinion., Olivia Feldkamp

College of Arts & Sciences Senior Honors Theses

No abstract provided.

Same-Sex Marriage On The Iberian Peninsula: The Church And Franco’S Competing Legacies, Noah Jennings

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The Question Of Constitutionality: How Separate Are The Powers? The Administrative And Social Ramifications Of Lockyer V. City And County Of San Francisco, Kristin Ecklund

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Same-Sex Marriage Case Puts High Court In A Pickle, Alan E. Garfield

Alan E Garfield

No abstract provided.

The Inkwell, Armstrong Atlantic State University

The Inkwell

No abstract provided.

From Romer V. Evans To United States V. Windsor: Law As A Vehicle For Moral Disapproval In Amendment 2 And The Defense Of Marriage Act, Linda C. Mcclain

Faculty Scholarship

This article considers the intertwined fates of Romer v. Evans and the Defense of Marriage Act (DOMA), which both date back to 1996. In United States v. Windsor, Justice Kennedy, writing for the majority, struck down Section 3 of DOMA, using Romer as a template. This article reflects on Romer as it bears on the use of law as a vehicle to express morality, in particular, “moral disapproval of homosexuality” and moral approval -- and the defense and nurture -- of “traditional, heterosexual marriage.” Proponents of Amendment 2 (struck down in Romer, in an opinion written by Justice Kennedy) and …

Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz

San Diego International Law Journal

A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …

Insubstantial Burdens: The Case For Government Employee Exemptions To Same-Sex Marriage Laws, Robin Fretwell Wilson

Robin Fretwell Wilson

No abstract provided.

A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain

Faculty Scholarship

Extraordinary changes in patterns of family life and family law have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage or couplehood when society seeks to foster childrens well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together …

Habermas, Same-Sex Marriage And The Problem Of Religion In Public Life, Darren R. Walhof

Peer Reviewed Articles

This article addresses the debate over religion in the public sphere by analysing the conception of ‘religion’ in the recent work of Habermas, who claims to mediate the divide between those who defend public appeals to religion without restriction and those who place limits on such appeals. I argue that Habermas’ translation requirement and his restriction on religious reasons in the institutional public sphere rest on a conception of religion as essentially apolitical in its origin. This conception, I argue, remains embedded in a standard secularization framework, despite Habermas’ claim to offer a new account of secularization. This approach betrays …

Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen

Michigan Journal of Gender & Law

In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip the traditional …

Animus And Marriage Equality, Susannah W. Pollvogt

Susannah W Pollvogt

Many scholars have speculated about the approach the United States Supreme Court might take in the marriage equality cases currently on its docket. One option that is underexplored is that the Court may revive and rationalize the doctrine of unconstitutional animus. Dormant since the 1996 decision in Romer v. Evans, the doctrine of unconstitutional animus has made only fleeting appearances in the Court’s equal protection jurisprudence, and when it has appeared, it has taken on a distinct incarnation in every instance. For this reason, both scholars and practitioners consider the doctrine to be ill-defined and unreliable. Nonetheless, the doctrine of …

Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero

Journal Articles

Following the demise of the federal Defense of Marriage Act in United States v. Windsor, the Obama Administration directed a bold, equality-based reading of Windsor to immigration law, treating bi-national same-sex couples the same as opposite-sex couples. This Essay argues that the President's interpretation is both constitutionally and politically sound: Constitutionally, because it comports with the Executive's power to enforce immigration law and to guarantee equal protection under the law; and politically, because it reflects the current, increasingly tolerant view of marriage equality. Though still in its infancy, President Obama's policy of treating same-sex beneficiary petitions generally the same as …

Sexual Orientation Of Fatherhood, Dara Purvis

Journal Articles

In this Article, I examine how same-sex fathers affect the perception of heterosexual caretaking fathers - and by extension, could affect the perception of heterosexual non-caretaking mothers. I conclude that gay stay-at-home fathers offer a provocative opportunity to broaden societal views of men and caregiving more generally, and argue that greater recognition of parents who counteract gender stereotypes - even where the recognition might arguably lessen women's rights in family law - ultimately helps women as well as children and nontraditional parents. Part I discusses fathers, particularly stay-at-home fathers, the practical problems fathers face combining work and caregiving responsibilities, and …

"Kissing For Equality" And "Dining For Freedom": Analyzing The Ego-Function Of The August 2012 Chick-Fil-A Demonstrations, Jill M. Weber

Communication Studies Faculty Scholarship

In August 2012, thousands of Americans traveled to their local Chick-fil-A restaurants to participate in the Chick-fil-A Appreciation Day and the National Same Sex Kiss Day, two demonstrations designed to show support and opposition, respectively, to the company’s public endorsement of the “biblical definition of the family unit.” This essay draws upon Richard B. Gregg’s theory of the ego-function to analyze the important persuasive functions the protests served for the participants involved. An analysis of the messages shared among members in the groups’ respective Facebook pages shows that the participants promoted a message of victimage, virtuousness, importance, strength, and unity. …

Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs

Labor & Employment Law Forum

No abstract provided.

Federalism, Liberty, And Equality In United States V. Windsor, Ernest A. Young, Erin C. Blondel

Faculty Scholarship

This essay argues that federalism played a profoundly important role in the Supreme Court's decision in United States v. Windsor, which struck down the federal Defense of Marriage Act. Arguments to the contrary have failed to appreciate how Justice Kennedy's opinion employed federalism not as a freestanding argument but as an essential component of his rights analysis. Far from being a "muddle," as many have claimed, Justice Kennedy's analysis offered one of the most sophisticated examples to date of the interconnections between federalism, liberty, and equality.

Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young

Faculty Scholarship

No abstract provided.

What Is Parenthood?: Contemporary Debates About The Family Introduction, Linda C. Mcclain, Daniel Cere

Faculty Scholarship

Extraordinary changes in patterns of family life – and family law – have dramatically altered the boundaries of parenthood and opened up numerous questions about debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Despite this uncertainty, the intense focus on the definition and future of marriage diverts attention from parenthood. Demographic reports suggesting a shift away from marriage and toward alternative family forms also keep marriage in constant public view, obscuring the fact that disagreements about marriage are often grounded in deeper, conflicting convictions about parenthood. This book (as the posted …

Supreme Court Strikes Down Doma’S Key Provision, Ducks On Prop 8, Arthur S. Leonard

Other Publications

No abstract provided.

Talking Black And Sleeping White... Talking White And Sleeping Black: A Socio-Legal Examination Of Interracial Marriage In America, Kailey J. Schwallie

Senior Independent Study Theses

A historical socio-legal examination of interracial marriage and the transformation of the institution of marriage in the United States from 1883 to 1967. Focuses on miscegenation legislation, the social and legal reasons behind bans on interracial marriage, and the progressive liberalization of society and concurrent legal changes, which resulted in an overturning of the legal prohibitions on interracial marriage. This thesis presents a close examination of three critical Supreme Court cases in regard to interracial marriage, and the social climate of American race relations at the time of each case. There is also a comparison drawn between the historical debate …

Religious Toleration And Claims Of Conscience, Kent Greenawalt

Faculty Scholarship

One aspect of the issue of toleration of religion is how far the government and others should recognize religious claims of conscience. Such claims will be present in any liberal democracy. The particular controversies on which attention is mainly focused shift, but certain underlying themes remain.

In this essay, I outline what I take to be the major issues about government recognition of religious claims of conscience. I then address the special problems created when a claim of conscience ends up competing with an opposing claim of conscience or with basic premises about fairness and justice. We can conceive of …

The Moonscape Of Tax Equality: Windsor And Behyond, Anthony C. Infanti

Articles

This essay takes a critical look at the tax fallout from the U.S. Supreme Court’s decision in United States v. Windsor, which declared section three of the federal Defense of Marriage Act (DOMA) unconstitutional. The essay is important because, while other federal laws will apply to some same-sex couples some of the time, the federal tax laws are a concern for all same-sex couples all of the time. The essay is timely because it addresses the recently issued IRS guidance regarding the tax treatment of same-sex couples.

In this essay, I first describe the path that led to the decision …

Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick

Oklahoma Law Review

No abstract provided.

The 'Federal Law Of Marriage': Deference, Deviation, And Doma, W. Burlette Carter

GW Law Faculty Publications & Other Works

The article discusses the history of federal inroads into marriage by examining federal interventions during the nineteenth and early twentieth century, argues that, in some cases but not all, marriages' federal benefits are indeed intended to support natural procreation, argues that DOMA's underlying statutes are key to ascertaining the purposes of federal marriage benefits and burdens, distinguishes sexual orientation discrimination from race discrimination and offers a proposal for dealing with equal protection challenges to denials of marriage rights to same sex couples. The proposal, which depends upon dual standards of review, recognizes the historical denial of family rights to same …

Registering Relationships, Erez L. Aloni

Erez Aloni

Despite the dramatic changes in family structure in the past decades--including the unprecedented and skyrocketing number of families who live in nonmarital arrangements--marriage and marriage-mimic institutions remain the only legal options for the recognition of relationships. This regulatory regime leaves millions of Americans without the means to establish and protect relationship rights. This Article suggests that the legal issues arising from nonmarital relationships would be best addressed if more options for legal recognition of such relationships were offered. Accordingly, this Article presents the primary principles of a registration-based marriage alternative that is founded on contract: “registered contractual relationships” (RCRs). This …