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Family Law

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Selected Works

2017

Same-sex marriage

Articles 1 - 2 of 2

Full-Text Articles in Law

Religion And Marriage Equality Statutes, Nelson Tebbe Sep 2017

Religion And Marriage Equality Statutes, Nelson Tebbe

Nelson Tebbe

To date, every state statute that has extended marriage equality to gay and lesbian couples has included accommodations for actors who oppose such marriages on religious grounds. Debate over those accommodations has occurred mostly between, on the one hand, people who urge broader religion protections and, on the other hand, those who support the types of accommodations that typically have appeared in existing statutes. This article argues that the debate should be widened to include arguments that the existing accommodations are normatively and constitutionally problematic. Even states that presumptively are most friendly to LGBT citizens, as measured by their demonstrated …


Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau Dec 2016

Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau

Holning Lau

This Article explores the topic of family diversity through a comparative analysis of law in the United States and South Africa. Juxtaposing these countries sheds light on shortcomings of the United States’s jurisprudence on family diversity. The comparative analysis also helps illuminate the path ahead for reforming both countries’ laws to better respect family diversity.

The Article proceeds in two parts. Part I examines the United States’s and South Africa’s competing approaches to same-sex marriage. Both countries’ highest courts ruled that excluding same-sex couples from marriage is unconstitutional, but they took divergent paths to reach that conclusion. This Article contends …