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Perspectives On Marriage Equality And The Supreme Court, The Editors Oct 2015

Perspectives On Marriage Equality And The Supreme Court, The Editors

Fordham Law Review

On June 26, 2015, the U.S. Supreme Court decided Obergefell v. Hodges, one of the most significant civil rights decisions in recent years. For many of our generation, the Court’s conclusion that same-sex couples enjoy the constitutional right to marry simply confirmed deeply held beliefs about the importance of marriage equality and inclusion for all. We recognize, however, that for American society more broadly, the decision has evoked strong feelings on both sides of the marriage equality debate. For some, Obergefell delivered a unique gift that was unimaginable even a few decades ago: the ability of same-sex couples ...


The Power Of Dignity, Elizabeth B. Cooper Oct 2015

The Power Of Dignity, Elizabeth B. Cooper

Fordham Law Review

This Essay juxtaposes the historical and judicial equating of homosexuality and stigma with the Court’s development of a jurisprudence of dignity for gay men and lesbians, culminating in its decision in Obergefell v. Hodges. The language of Obergefell reflects an acceptance of and respect for gay men and lesbians that—regardless of one’s actual desire to marry or attitudes toward the institution of marriage—will profoundly change not only how the law treats LGB individuals, but also how we are treated by others, as well as how we perceive ourselves. I do not mean to assert that Obergefell ...


Roberts, Kennedy, And The Subtle Differences That Matter In Obergefell, Joseph Landau Oct 2015

Roberts, Kennedy, And The Subtle Differences That Matter In Obergefell, Joseph Landau

Fordham Law Review

By upholding a nationwide right to marry for same-sex couples in Obergefell v. Hodges, the Supreme Court’s enormously significant decision resolves a major civil rights question that has percolated through our legal system and coursed through our culture for some time. The ruling was not an unforeseen outcome, but it brings welcome clarity by ensuring marriage rights for same-sex couples throughout all fifty states. Building on United States v. Windsor—a 2013 decision striking down section 3 of the Defense of Marriage Act (DOMA), which prevented gay and lesbian married couples from receiving federal benefits—Obergefell is an important ...


Hail Marriage And Farewell, Ethan J. Leib Oct 2015

Hail Marriage And Farewell, Ethan J. Leib

Fordham Law Review

My conclusion in what follows is that, notwithstanding much rhetoric in the opinion, states have some room to rethink marriage in light of marriage equality. And with some intellectual jujitsu, this opening to rethink the state’s place in relational ordering gives marriage-skeptics another bite at the apple to get something they wanted all along: to decenter the largely religious, gendered, and bourgeois institution of marriage. Justice Kennedy’s opinion has the unfortunate result of reaffirming marriage at the top of a relational hierarchy, yet there are surely other ways we can have civil rights and equality for gay people ...


Up From Marriage: Freedom, Solitude, And Individual Autonomy In The Shadow Of Marriage Equality, Catherine Powell Oct 2015

Up From Marriage: Freedom, Solitude, And Individual Autonomy In The Shadow Of Marriage Equality, Catherine Powell

Fordham Law Review

Obergefell v. Hodges represents a tremendous victory for those of us who believe that each individual has the right to love, form bonds, and create families with whomever one so desires. Through Obergefell and the line of cases from Griswold v. Connecticut and Loving v. Virginia onward, the Court has now repeatedly affirmed the freedoms to plan, to choose, and to create one’s own family as fundamental.


Obergefell'S Conservatism: Reifying Familial Fronts, Clare Huntington Jan 2015

Obergefell'S Conservatism: Reifying Familial Fronts, Clare Huntington

Fordham Law Review

I am delighted with the result in Obergefell v. Hodges, but I am unhappy with the Court’s reasoning. In lieu of a straightforward, and far more defensible, decision based purely on the Equal Protection Clause, Justice Kennedy’s reliance on the Due Process Clause is deeply problematic.


Race, Dignity, And The Right To Marry, Robin A. Lenhardt Jan 2015

Race, Dignity, And The Right To Marry, Robin A. Lenhardt

Fordham Law Review

Justice Kennedy’s majority opinion in Obergefell v. Hodges asserts legal marriage’s capacity to afford same-sex couples a measure of “equal dignity” and belonging too long denied. In this Essay, I ask whether there is any reason to believe that marriage could do the same for African Americans. Could broader entrance into marriage, as some conservatives suggest, provide Blacks—gay and straight—a measure of belonging that has been frustratingly elusive, even as the nation prepares to celebrate the one hundred and fiftieth anniversary of the Thirteenth Amendment’s ratification?


Foreward, Joseph Landau Nov 2012

Foreward, Joseph Landau

Fordham Law Review

On March 30, 2012, the Fordham Law Review held a daylong conference on the federal Defense of Marriage Act (DOMA), a statute enacted in 1996 with large majorities in both the House and Senate and signed into law by President Clinton. The Symposium could not have come at a better time: there have been extraordinary changes in the political dynamics surrounding relationship rights since DOMA’s enactment in 1996, when same–sex couples could not marry in any U.S. or foreign jurisdiction. Currently, same–sex couples can legally marry in six U.S. states and the District of Columbia ...


The Solicitor General’S Office, Tradition, And Conviction, Charles Fried Nov 2012

The Solicitor General’S Office, Tradition, And Conviction, Charles Fried

Fordham Law Review

No abstract provided.


Missing Links In The President’S Evolution On Same-Sex Marriage, Saikrishna Bangalore Prakash Nov 2012

Missing Links In The President’S Evolution On Same-Sex Marriage, Saikrishna Bangalore Prakash

Fordham Law Review

No abstract provided.


Interpretive Schizophrenia: How Congressional Standing Can Solve The Enforce-But-Not-Defend Problem, Abner S. Greene Nov 2012

Interpretive Schizophrenia: How Congressional Standing Can Solve The Enforce-But-Not-Defend Problem, Abner S. Greene

Fordham Law Review

No abstract provided.


The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn Johnsen Nov 2012

The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn Johnsen

Fordham Law Review

No abstract provided.


Doma And Presidential Discretion: Interpreting And Enforcing Federal Law, Joseph Landau Nov 2012

Doma And Presidential Discretion: Interpreting And Enforcing Federal Law, Joseph Landau

Fordham Law Review

No abstract provided.


Cause Lawyers Inside The State, Douglas Nejaime Nov 2012

Cause Lawyers Inside The State, Douglas Nejaime

Fordham Law Review

No abstract provided.


The Moral Complexity Of Cause Lawyers Within The State, David Luban Nov 2012

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Fordham Law Review

No abstract provided.


Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers Nov 2012

Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers

Fordham Law Review

No abstract provided.


“Two Parts Of The Landscape Of Family In America”: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy D. Polikoff Nov 2012

“Two Parts Of The Landscape Of Family In America”: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy D. Polikoff

Fordham Law Review

No abstract provided.


Involuntary Imports: Williams, Lutwak, The Defense Of Marriage Act, Federalism, And “Thick” And “Thin” Conceptions Of Marriage, Lynn D. Wardle Nov 2012

Involuntary Imports: Williams, Lutwak, The Defense Of Marriage Act, Federalism, And “Thick” And “Thin” Conceptions Of Marriage, Lynn D. Wardle

Fordham Law Review

No abstract provided.


Collegiality And Individual Dignity, Tobias Barrington Wolff Nov 2012

Collegiality And Individual Dignity, Tobias Barrington Wolff

Fordham Law Review

No abstract provided.


Integrating Equal Marriage, Robin A. Lenhardt Jan 2012

Integrating Equal Marriage, Robin A. Lenhardt

Fordham Law Review

No abstract provided.


Forty Years Of Loving: Confronting Issues Of Race, Sexuality, And The Family In The Twenty-First Century, Introduction, Robin A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, Sonia K. Katyal Jan 2008

Forty Years Of Loving: Confronting Issues Of Race, Sexuality, And The Family In The Twenty-First Century, Introduction, Robin A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, Sonia K. Katyal

Fordham Law Review

No abstract provided.


Longing For Loving, Katherine M. Franke Jan 2008

Longing For Loving, Katherine M. Franke

Fordham Law Review

No abstract provided.


The Multiracial Epiphany Of Loving, Kevin Noble Maillard Jan 2008

The Multiracial Epiphany Of Loving, Kevin Noble Maillard

Fordham Law Review

No abstract provided.


Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris Jan 2008

Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris

Fordham Law Review

No abstract provided.


Time For Rights? Loving, Gay Marriage, And The Limits Of Legal Justice, Chandan Reddy Jan 2008

Time For Rights? Loving, Gay Marriage, And The Limits Of Legal Justice, Chandan Reddy

Fordham Law Review

No abstract provided.


Twenty-First-Century Loving: Nationality, Gender, And Religion In The Muslim World, Adrien Katherine Wing Jan 2008

Twenty-First-Century Loving: Nationality, Gender, And Religion In The Muslim World, Adrien Katherine Wing

Fordham Law Review

No abstract provided.


Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, And The Fight For Same-Sex Marriage, Robin A. Lenhardt Jan 2008

Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, And The Fight For Same-Sex Marriage, Robin A. Lenhardt

Faculty Scholarship

Conversations about the constitutionality of prohibitions on marriage for same-sex couples invariably reduce to the question of whether a meaningful analogy can be drawn between restrictions on same-sex marriage and antimiscegenation laws. In an effort to refocus this debate, this article considers the California Supreme Court's 1948 decision in Perez v. Sharp and its use by advocates in recent litigation to secure marriage rights for gay and lesbian couples. Opponents of marriage rights for members of the LGBT *840 community frequently assert that dispatching Perez in these cases distorts the meaning of that decision and other similar precedents by ...


Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink Jan 2008

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the ...


New York's Post-September 11, 2001 Recognition Of Same-Sex Relationships: A Victory Suggestive Of Future Change, John O. Enright Jan 2004

New York's Post-September 11, 2001 Recognition Of Same-Sex Relationships: A Victory Suggestive Of Future Change, John O. Enright

Fordham Law Review

No abstract provided.


Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle Jan 2003

Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle

Fordham Urban Law Journal

This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman ...