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Full-Text Articles in Law
The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen
The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen
William & Mary Bill of Rights Journal
The "Defense of Marriage Act" has defined marriage at the federal level for the purpose of denying recognition to same-sex marriages. It thereby perpetuates the unequal treatment of homosexuals, and does so by denying them a fundamental right-the right to marry. In this Essay, Dr. Walen examines the wide range of justifications offered in Congress for this law. Six categories of argument are assessed: (1) politics and economics, (2) history and tradition, (3) religion, (4) the essential nature of marriage and the family, (5) social.decay, and (6) morality. Walen concludes that none of the justifications prove to be adequate to …
Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price
Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price
William & Mary Bill of Rights Journal
In 1994, national media attention focused on the Virginia case Bottoms v. Bottoms, in which Kay Bottoms successfully fought to terminate her lesbian daughter Sharon's custody of Sharon's son, Tyler. Although the Court of Appeals of Virginia reversed the trial court's award of custody to Kay Bottoms, the Supreme Court of Virginia reversed the appellate court and returned custody to Tyler's grandmother. Sharon then sought modification of the visitation and custody order, but the trial court denied her petition and instead reduced and further restricted her visitation rights. In Bottoms III, the Court of Appeals of Virginia reversed the trial …