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Striking A Balance: Finding A Place For Religious Conscience Clauses In Contraceptive Equity Legislation, Staci D. Lowell Jan 2004

Striking A Balance: Finding A Place For Religious Conscience Clauses In Contraceptive Equity Legislation, Staci D. Lowell

Cleveland State Law Review

This note will attempt to address the interrelationship of the Pregnancy Discrimination Act and the First and Fourteenth Amendments in the context of contraceptive equity legislation. To that end, the note will examine states' definitions of a "religious employer" and make recommendations regarding statutory language that is broad enough to cover those organizations with conscientious objections to contraception but narrow enough to allow women to have ready access to contraceptive services. Following this introduction, Part II of the note will provide background information about both contraceptive equity and religious freedom. Part III will discuss current and proposed contraceptive equity legislation …


An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin Jan 2004

An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin

Cleveland State Law Review

Race was a central issue in Ohio from the very beginning. The original state constitution of 1802 and the successor constitution of 1851 explicitly limited suffrage to whites even as both documents forbade slavery. Moreover, the legislature imposed various legal disabilities and restrictions on African Americans. For much of the Nineteenth Century, however, the Ohio Supreme Court tried to narrow the scope of those restrictions by developing a distinctive jurisprudence that was in some respects more progressive, and in general less obnoxious, than that developed in other states and by the U.S. Supreme Court. Before the end of the century, …