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Full-Text Articles in Law
Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon
Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon
Student Thesis Honors (1996-2008)
Striving to preserve the institution of marriage for heterosexual couples, Congress passed the Defense of Marriage Act (DOMA) in 1996. DOMA was billed as promoting state autonomy by letting the states decide whether same-sex couples might legally wed, and whether or not to validate one another's decisions regarding same-sex marriage. Not convinced that the states could correctly decide so vital an issue, Congress launched the Federal Marriage Amendment in May 2003, defining marriage as restricted to a legal union between one man and one woman across the nation. However, fearing the light of scrutiny by what they call the activist …
Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan
Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan
Articles
In the United States, the state and federal courts often has been the first port of call for activists hoping to advance the cause of same-sex couples. State courts, in particular, have ruled on occasion that guarantees of equal rights or due process contained in state constitutions require recognition of same-sex marriage or civil unions. These court decisions, in turn, have sparked a legislative backlash. Legislators and voters have rejected these court decisions by amending state constitutions to limit the rights of same-sex couples. The European Union represents, in some ways, the mirror image of the United States experience. The …
Dimensions Of Equality In Regulating Assisted Reproductive Technologies, Mary Crossley
Dimensions Of Equality In Regulating Assisted Reproductive Technologies, Mary Crossley
Articles
Although concerns about individual liberty and the nature and extent of reproductive freedom have tended to dominate discussions regarding the proliferation of and access to reproductive technologies, questions about the implications of assisted reproductive technologies (ARTs) for equality have also arisen. Despite the high number of invocations of equality in the literature regarding ARTs, to date little effort has been made to comprehensively examine the implications of ARTs for equality. This short Article seeks to highlight the variety of equality issues that ARTs present and to develop a framework for classifying different types of equality issues. Specifically, I suggest that …