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Hofstra Law Review

Marriage

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Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day Sep 2019

Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day

Hofstra Law Review

This Article questions whether religious objectors, who refuse to provide their services in facilitating a same-sex marriage, are discriminating on the basis of sexual orientation or refusing to adopt a politically correct, albeit legal, view of marriage. If the latter, then, compelling political correctness can have a boomerang effect, creating more LGBTQ discrimination. Given this administration's strong support for religious freedom and two new conservative justices on the Supreme Court, a legislative religious exemption in public accommodation laws may be safer for LGBTQ rights than risking a Supreme Court ruling constitutionally enshrining a religious right to discriminate.

After the Introduction …


How Second-Wave Feminism Forgot The Single Woman, Rachel F. Moran Jan 2004

How Second-Wave Feminism Forgot The Single Woman, Rachel F. Moran

Hofstra Law Review

No abstract provided.


State Interest And Marriage - The Theoretical Perspective, Brian H. Bix Jan 2003

State Interest And Marriage - The Theoretical Perspective, Brian H. Bix

Hofstra Law Review

No abstract provided.


"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay Jan 2003

"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay

Hofstra Law Review

No abstract provided.


Ending Marriage As We Know It, Nancy D. Polikoff Jan 2003

Ending Marriage As We Know It, Nancy D. Polikoff

Hofstra Law Review

No abstract provided.


Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain Jan 2003

Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain

Hofstra Law Review

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).


Conference On Marriage Families And Democracy: Foreword, Jordan Leigh Santeramo Jan 2003

Conference On Marriage Families And Democracy: Foreword, Jordan Leigh Santeramo

Hofstra Law Review

No abstract provided.


Unbundling Marriage, James Herbie Difonzo Jan 2003

Unbundling Marriage, James Herbie Difonzo

Hofstra Law Review

Marriage is emerging as a “bundle” of legal benefits and burdens. The history of domestic relations has produced a cornucopia of family arrangements, and the yield shows no signs of diminishing. At the same time, our yearning for a halcyon past has led many to the erroneous belief that the family formation consisting of two parents and the children of their ‘til-death-do-they-part union is the only culturally authentic and “traditional” one. In fact, as Michael Grossberg has observed, our domestic past has been characterized by “the constant reality of American family diversity.” As twenty-first century families are exploring new contours, …


Critical Familism, Civil Society, And The Law, Don Browning Jan 2003

Critical Familism, Civil Society, And The Law, Don Browning

Hofstra Law Review

No abstract provided.


Toward Equal Regard For Marriages And Other Imperfect Intimate Affiliations, Judith Stacey Jan 2003

Toward Equal Regard For Marriages And Other Imperfect Intimate Affiliations, Judith Stacey

Hofstra Law Review

No abstract provided.


The Bonds Of Matrimony And The Bonds Of Constitutional Democracy, Lynn D. Wardle Jan 2003

The Bonds Of Matrimony And The Bonds Of Constitutional Democracy, Lynn D. Wardle

Hofstra Law Review

No abstract provided.