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Full-Text Articles in Law
Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho
Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho
Faculty Publications
Within LGBT rights, the law is abandoning essentialist approaches toward sexual orientation by incrementally de-regulating restrictions on identity expression of sexual minorities. Simultaneously, same-sex marriages are become increasingly recognized on both state and federal levels. This Article examines the Supreme Court’s recent decision, U.S. v. Windsor, as the latest example of these parallel journeys. By overturning DOMA, Windsor normatively revises the previous incrementalist theory for forecasting marriage equality’s progress studied by William Eskridge, Kees Waaldijk, and Yuval Merin. Windsor also represents a moment where the law is abandoning antigay essentialism by using animus focused jurisprudence for lifting the discrimination against …
Parading The First Amendment Through The Streets Of South Boston, Dwight G. Duncan
Parading The First Amendment Through The Streets Of South Boston, Dwight G. Duncan
Faculty Publications
The real question that presented itself about this case is why all this litigation was necessary, if the legal principle was so clear? The fact is that GLIB was interested in the confrontation, and while it takes two to make a fight, it only takes one to start one. GLIB wanted to make a statement similar to the one made by ILGO. GLIB filed the original suit. The Veterans, on the defensive, simply kept appealing, all the way to the United States Supreme Court. By then, GLIB may have preferred to walk away, but the battle lines had already been …