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Full-Text Articles in Law
Full Faith And Republican Guarantees: Gay Marriage, Fmpa, And The Courts, John Eastman
Full Faith And Republican Guarantees: Gay Marriage, Fmpa, And The Courts, John Eastman
John C. Eastman
"What difference does it make to your heterosexual marriage if I enter into a homosexual marriage?" Such is the frequent rejoinder to claims that traditional marriage needs to be protected by state or federal law or even by a federal constitutional amendment. Here I explore answers to that rejoinder. Marriage may be an individual bond, but it is fostered by society because it also fulfills fundamental societal functions. Indeed, we have an unbelievably important example of unintended consequences from another profound change to this important societal institution: no-fault divorce. The United States did not embrace no-fault divorce until 1969, and …
Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purpose Of Marriage, Randy Lee
Randy Lee
No abstract provided.
Promoting Marriage Experimentation: A Class Act?, Julie Nice
Promoting Marriage Experimentation: A Class Act?, Julie Nice
Julie A. Nice
For nearly sixty years, the federal government maintained a policy of preventing or discouraging receipt of welfare by two-parent families. In its massive overhaul of welfare in 1996, Congress reversed course and declared its new policy was to promote marriage for welfare recipients. With great fan fare, the Bush Administration pledged $1.5 billion to support a healthy marriage initiative for recipients of Temporary Assistance to Needy Families. As Professor Nice reveals, however, the marriage promotion policy is not what it seems to be. For example, in the 2005 Deficit Reduction Act, Congress quietly reinstated a marriage penalty by authorizing sanctions …