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Full-Text Articles in Law
Are Same-Sex Marriage Statutes The New Anti-Gay Initiatives?, Barbara Cox
Are Same-Sex Marriage Statutes The New Anti-Gay Initiatives?, Barbara Cox
Barbara Cox
No abstract provided.
Confessions Of A Commentator: Recognizing One’S Own Exclusion Of Race And Ethnicity From Sexual Orientation Scholarship, Barbara Cox
Barbara Cox
In this piece, introducing the January 1998, panel on "Race and Sexual Orientation in Legal Scholarship" at the American Association of Law Schools conference, Professor Cox reflects on her own scholarship, concluding that "[w]e need to change the whiteness of gay and lesbian scholarship...to eliminate a notion that, when we talk of issues concerning gay and lesbian liberation, we are only talking about liberating white people from the heterosexism of our society."
"Coming Out": The Practical Battles From Being Visible As A Lesbian, Barbara Cox
"Coming Out": The Practical Battles From Being Visible As A Lesbian, Barbara Cox
Barbara Cox
No abstract provided.
But Why Not Marriage: Some Thoughts On Vermont’S Civil Unions Law, Same-Sex Marriage, And Separate But (Un)Equal, Barbara Cox
But Why Not Marriage: Some Thoughts On Vermont’S Civil Unions Law, Same-Sex Marriage, And Separate But (Un)Equal, Barbara Cox
Barbara Cox
This article is divided into three sections. Section one considers the positive results from the civil unions law. It recognizes that this legislation represents an important step along the path toward full recognition of same-sex couples by extending significant rights, benefits, and responsibilities beyond opposite-sex marriage." With these benefits, however, come several problems. Section two places the civil unions law along side other examples of "separate but equal" restrictions in the race and sex contexts and considers it within the sexual orientation context. This section explains how government-sponsored segregation has always caused damage to both groups that are taught they …
Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox
Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox
Barbara Cox
No abstract provided.
A (Personal) Essay On Same-Sex Marriage, Barbara Cox
A (Personal) Essay On Same-Sex Marriage, Barbara Cox
Barbara Cox
In this article Barbara Cox examines the institution of marriage in the gay and lesbian community from a personal perspective. Prof. Cox reviews recent articles in the gay and lesbian literature arguing both for and against marriage as a political goal for homosexuals. She then relates experiences arising out of her marriage to her partner, Peg. The author advocates same- sex unions as a way to radically restructure the institution of marriage while challenging heterosexual assumptions about gay and lesbian love.
Using An “Incidents Of Marriage” Analysis When Considering Interstate Recognition Of Same-Sex Couples’ Marriages, Civil Unions, And Domestic Partnerships, Barbara Cox
Barbara Cox
Despite discussions for over ten years, we still do not have any decisions on interstate or international recognition of marriages by same-sex couples. We do have, however, six cases in the United States on the interstate recognition and validation of Vermont civil unions. In these six cases, same-sex couples from six different states who had entered into Vermont civil unions came to their courts seeking resolution of legal issues that arose in their relationships. The rest of this article now turns to these six decisions and considers how each court dealt with the same-sex couple seeking legal assistance with the …
Amicus Curiae Brief To The Supreme Court Of Wisconsin In Holtzmann V. Knott On Behalf Of The National Center For Lesbian Rights, Barbara Cox
Barbara Cox
This brief, with an introduction by Prof. Barbara Cox, was written by her and filed with the Wisconsin Supreme Court on behalf of the National Center for Lesbian Rights. That case involved a custody and visitation claim filed by a non-biological parent of H.S.H-K, who had participated in the decision to have and raise the child with the child's biological parent. The court granted the petition and in doing so, became the first state supreme court to recognize the visitation rights of a non-biological lesbian parent.
Love Makes A Family--Nothing More, Nothing Less: How The Judicial System Has Refused To Protect Nonlegal Parents In Alternative Families, Barbara Cox
Barbara Cox
Part I of this article discusses the legal system's recognition of parental rights and enumerates the possible constitutional, statutory, and equitable theories available for protecting the parental rights of nonlegal parents. Part II considers the cases that have rejected the attempts by members of alternative families to use these theories to obtain this protection. Part III discusses the barriers to political power that will make it extremely difficult and time-consuming to achieve legislative change in these areas, and argues that the courts should use the means available to them currently to protect these nonlegal parents and their children while the …