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Full-Text Articles in Law
Assisted Reproduction Inequality And Marriage Equality, Seema Mohapatra J.D., Mph
Assisted Reproduction Inequality And Marriage Equality, Seema Mohapatra J.D., Mph
Chicago-Kent Law Review
In Obergefell v. Hodges, Justice Kennedy declared that “marriage is fundamental under the Constitution and [should] apply with equal force to same-sex couples.” This Article examines how the advent of marriage equality may impact the rights of same-sex couples to have biological children via assisted reproduction and surrogacy. Specifically, this Article points out the ways that the Obergefell decision affects the law of infertility. By the law of infertility, I mean the laws that require insurance coverage of infertility treatments and other assisted reproductive technologies (“ART”). Because same-sex couples are not able to have biological children with each other …
Obergefell’S Ambiguous Impact On Legal Parentage, Leslie Joan Harris
Obergefell’S Ambiguous Impact On Legal Parentage, Leslie Joan Harris
Chicago-Kent Law Review
For more than thirty years, the central questions of the law of parentage have been when and to what extent determinations of legal parenthood should be based on biological relationship, marriage to a child’s biological parent, or functioning as or intending to be a parent. In Obergefell v. Hodges, the Supreme Court endorsed the claim that children whose parents are married are better off socially and legally than nonmarital children; its language could easily be taken to support legal rules that encourage or prefer childrearing within marriage. On the other hand, the Court’s argument assumes that the same-sex couple—both members—are …
Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie
Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie
Indiana Law Journal
According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social history, all in an …
Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug
Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug
Mitchell Hamline Law Review
No abstract provided.