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Marriage-Based Immigration For Same-Sex Couples After Doma: Lingering Problems Of Proof And Prejudice, Anna Carron
Marriage-Based Immigration For Same-Sex Couples After Doma: Lingering Problems Of Proof And Prejudice, Anna Carron
Northwestern University Law Review
In 2013, the Supreme Court changed the lives of thousands of same-sex couples in America by declaring the Defense of Marriage Act (DOMA) unconstitutional in United States v. Windsor. This decision allowed same-sex spouses to receive the same marriage-based immigration benefits under federal law that “traditional marriages” had long received. Although this holding is a victory for binational same-sex couples, bias still exists in the practices U.S. Customs and Immigration Services (USCIS) uses to evaluate the legitimacy of marriages. This bias manifests itself in the proof USCIS requires to show a relationship is bona fide, proof that often assumes …
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
Northwestern University Law Review
Arguments in favor of religious sovereignty often emphasize the benefits of autonomy for religious institutions while ignoring the civil rights of individuals who belong to or work for those institutions. To justify intrusions on individual civil rights, proponents of strong religious autonomy generally rely on the concept of implied consent. According to this rationale, individuals willingly give up the protection of civil rights laws when they voluntarily join religious organizations. This Essay responds to one scholar’s account of the consent rationale as undergirding the Supreme Court’s recognition of the ministerial exception: Christopher Lund’s excellent article, Free Exercise Reconceived: The Logic …
Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman
Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman
Northwestern University Law Review
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