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Full-Text Articles in Law
Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent
Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent
Faculty Publications
America is embroiled in a culture war over homosexuality. The homosexual movement demands the end of “heteronormativity” - the social and legal preference for heterosexuality. It insists that “Gay Is Good” - just as good as heterosexuality. This article presents a defense of heteronormativity; it argues that straight is better. In particular, it argues that naturally conceiving, bearing and raising children is intrinsically good for parents; that it is both intrinsically and instrumentally good for children to be raised by their biological parents who are married to each other; and that traditional marriage is both intrinsically and instrumentally good for …
Perry V. Schwarzenegger: Is Traditional Marriage Unconstitutional?, George W. Dent
Perry V. Schwarzenegger: Is Traditional Marriage Unconstitutional?, George W. Dent
Faculty Publications
This is a brief defense of the constitutionality of California's Proposition 8, which limits marriage for purposes of California law to a relationship between one man and one woman.
Traditional Marriage: Still Worth Defending, George W. Dent
Traditional Marriage: Still Worth Defending, George W. Dent
Faculty Publications
A few years ago, I wrote an article entitled The Defense of Traditional Marriage.1 I began with the topic of same-sex marriage but soon saw that all the arguments for gay marriage were also arguments for polygamy, endogamy (or incestuous marriage), etc., so the article became a defense of traditional marriage against all these other types. The pertinent law and jurisprudence are constantly changing, so this conference offers an excellent opportunity to reconsider my views in light of new learning and thinking. A review shows the case for traditional marriage is even stronger now than it was before. As evidence …
The Defense Of Traditional Marriage, George W. Dent
The Defense Of Traditional Marriage, George W. Dent
Faculty Publications
This article reviews the possible justifications for legal recognition of marriage and finds some, such as encouraging stable, loving relationships, unpersuasive. However, other rationales-including protecting children, socializing adults, and promoting individual happiness-are valid, and these rationales apply only to traditional marriages. Accordingly, society has strong reasons to favor traditional marriage and to deny such treatment to the unmarried and to homosexual, endogamous and bestial relationships.
The "Defenseless" Marriage Act: The Constitutionality Of The Defense Of Marriage Act As An Extension Of Congressional Power Under The Full Faith And Credit Clause, Jennie R. Shuki-Kunze
The "Defenseless" Marriage Act: The Constitutionality Of The Defense Of Marriage Act As An Extension Of Congressional Power Under The Full Faith And Credit Clause, Jennie R. Shuki-Kunze
Case Western Reserve Law Review
No abstract provided.
Missing Persons: Children In The Tax Treatment Of Marriage, John F. Coverdale
Missing Persons: Children In The Tax Treatment Of Marriage, John F. Coverdale
Case Western Reserve Law Review
No abstract provided.
Annulment Problems In Ohio, Richard P. Nelson
Annulment Problems In Ohio, Richard P. Nelson
Case Western Reserve Law Review
No abstract provided.
Miscegenation Statutes And The Fourteenth Amendment, Robert Kovach
Miscegenation Statutes And The Fourteenth Amendment, Robert Kovach
Case Western Reserve Law Review
No abstract provided.