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Full-Text Articles in Law

The Forgotten Children: Same-Sex Partners, Their Children And Unequal Treatment, Debra Carrasquillo Hedges Jul 2000

The Forgotten Children: Same-Sex Partners, Their Children And Unequal Treatment, Debra Carrasquillo Hedges

Boston College Law Review

Many of today's family relationships no longer fit within the traditional one-mother, one-father model. Families created by gay and lesbian couples are on the increase and the issues relating to the legal protections of these families remain uncertain. Many state courts and legislatures have refused to legally recognize, through second-parent adoptions, the relationship of children born to a homosexual couple with their non-biological second parent. The refusal to permit secondparent adoptions denies the children of homosexual couples, as a class, many of the legal benefits and protections afforded to children of heterosexual couples. This Note argues that such classifications ...


Marriage Law And Family Law: Autonomy, Interdependence And Couples Of The Same Gender, Jennifer Wriggins Mar 2000

Marriage Law And Family Law: Autonomy, Interdependence And Couples Of The Same Gender, Jennifer Wriggins

Boston College Law Review

Contemporary family law and marriage law in the United States have been criticized by communitarian scholars and others as being too focused on individuals and individual fulfillment. These critiques make some valid points. it is also important, however; to emphasize that contemporary marriage law, for the first time, presents a model of equality and of reciprocal obligations. The Article articulates a broad framework of the functions of family and marriage law. It applies both this framework and the communitarian critique of family law to the issue of same-gender marriage.This analysis leads to the conclusion that same-gender marriage should be ...


Emerging Models For Alternatives To Marriage, Sanford N. Katz Jan 2000

Emerging Models For Alternatives To Marriage, Sanford N. Katz

Boston College Law School Faculty Papers

Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to ...