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Full-Text Articles in Law
Exploring The Boundaries Of Obergefell, Andrew J. Pecoraro
Exploring The Boundaries Of Obergefell, Andrew J. Pecoraro
William & Mary Law Review
No abstract provided.
Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes
Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes
William & Mary Journal of Race, Gender, and Social Justice
This Article argues that maternal and paternal functions can be performed by same-sex parents from a psychological point of view. Consequently, the legal recognition of their relationship with their children meets the principle of human dignity pursuant to the Brazilian Federal Constitution.
Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young
Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young
William & Mary Law Review
No abstract provided.
Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser
Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer
Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer
Popular Media
No abstract provided.
Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer
Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer
Faculty Publications
No abstract provided.
Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall
Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall
William & Mary Bill of Rights Journal
No abstract provided.
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
Popular Media
No abstract provided.
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman
Popular Media
No abstract provided.
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Popular Media
No abstract provided.
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Popular Media
No abstract provided.
On Same-Sex Marriage And Matters Of Conscience, Mark Strasser
On Same-Sex Marriage And Matters Of Conscience, Mark Strasser
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw
The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw
William & Mary Journal of Race, Gender, and Social Justice
An estimated 35,000 U.S. citizens are living in our country with same-sex foreign partners, but these couples have no right to stay here together on the basis of their relationship. Many of these Americans are faced with a choice between their partners and the country they love. This is true even if the couple is legally married in one of the growing number of U.S. states and foreign countries that recognize same-sex marriage. The Defense of Marriage Act (DOMA), which defines “marriage” for all federal purposes as an exclusively heterosexual institution, stands squarely in their way. Reform options that would …
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
William & Mary Journal of Race, Gender, and Social Justice
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
William & Mary Bill of Rights Journal
No abstract provided.
Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher
Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher
William & Mary Journal of Race, Gender, and Social Justice
This article addresses the charged slippery slope accusation that permitting same-sex marriage will inevitably lead to the legalization of polygamy. While same-sex marriage advocates generally distance their cause from polygamy and its disparaging history when responding to such accusations, this article determines whether that response is appropriate, or alternatively, whether the same-sex marriage movement could benefit from linkages between polygamy and same-sex marriage. In conducting the analysis, this article presents a nuanced discussion of marriage and its varying forms. Specifically, it examines the United States' historical regulation of polygamy, interrogates analogies between polygamy and same-sex marriage, compares cross-cultural practices and …
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
William & Mary Journal of Race, Gender, and Social Justice
Effective January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 (CDPRRA) replaced the Domestic Partnership Act of 1999, vesting registered domestic partners with new rights and a court termination procedure similar to divorce. Does the new statute legalize gay marriage? Are domestic partners eligible for spousal support? Are the registration and termination procedures voluntary? Does the Unruh Civil Rights Act now require businesses and private organizations to include gay members? The article reviews the new law and analyzes how three recent court decisions resolve these controversial issues.
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
William & Mary Law Review
In this Article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage-mimicry model. She uses the law of domestic violence to critique this model. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively only provided legal recourse for those in marriage-like relationships without asking who is most in need of legal protection. She argues that the legal …
A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger
A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser
Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser
William & Mary Bill of Rights Journal
In Baker v. State, the Vermont Supreme Court held that the state constitution required same-sex couples be afforded the same benefits and protections that married couples receive. While the state did not need to recognize same-sex marriage, at the very least, it needed to create a parallel system providing equal benefits. Professor Mark Strasser argues that a civil union alternative ultimately would not meet the court's requirements because it cannot possibly provide this requisite equality. His central concern is the differing treatment that same-sex marriage and domestic partnerships receive from other states. Additionally, Professor Strasser notes that such a system …