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Full-Text Articles in Law
Marriage And The Court: San Francisco's Role In The Debate, Kathleen Morris
Marriage And The Court: San Francisco's Role In The Debate, Kathleen Morris
Publications
No abstract provided.
Hollingsworth V. Perry: United States Supreme Court Grants Certiorari To Hear The ‘Prop 8′ Case, Executive Online Editor
Hollingsworth V. Perry: United States Supreme Court Grants Certiorari To Hear The ‘Prop 8′ Case, Executive Online Editor
GGU Law Review Blog
No abstract provided.
Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, Anthony S. Niedwiecki
Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, Anthony S. Niedwiecki
Publications
This paper focuses on how gay rights activists had no real choice but to use the court system to advance marriage rights for same-sex couples because they were unable to use the political process to effectively rebut the claim that gays and lesbian were harmful to children. Part I begins with an overview of the ways in which the initiative process has been used to limit gay rights and prevent marriage equality. It then details how, in contrast to the political process, courts have been more receptive to advancing marriage rights for same-sex couples. Part II details Walter Fisher's narrative …
Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero
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 …