Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 30 of 45
Full-Text Articles in Law
Perspectives On Marriage Equality And The Supreme Court, The Editors
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 to …
The Power Of Dignity, Elizabeth B. Cooper
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 is without its …
Roberts, Kennedy, And The Subtle Differences That Matter In Obergefell, Joseph Landau
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 and …
Hail Marriage And Farewell, Ethan J. Leib
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 without marriage …
Up From Marriage: Freedom, Solitude, And Individual Autonomy In The Shadow Of Marriage Equality, Catherine Powell
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.
Race, Dignity, And The Right To Marry, Robin A. Lenhardt
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?
Obergefell'S Conservatism: Reifying Familial Fronts, Clare Huntington
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.
Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers
Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers
Fordham Law Review
No abstract provided.
Foreward, Joseph Landau
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. Nine additional states have broad …
The Solicitor General’S Office, Tradition, And Conviction, Charles Fried
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
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
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
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
Doma And Presidential Discretion: Interpreting And Enforcing Federal Law, Joseph Landau
Fordham Law Review
No abstract provided.
The Moral Complexity Of Cause Lawyers Within The State, David Luban
The Moral Complexity Of Cause Lawyers Within The State, David Luban
Fordham Law Review
No abstract provided.
Cause Lawyers Inside The State, Douglas Nejaime
Cause Lawyers Inside The State, Douglas Nejaime
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
“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
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
Collegiality And Individual Dignity, Tobias Barrington Wolff
Fordham Law Review
No abstract provided.
Integrating Equal Marriage, Robin A. Lenhardt
Integrating Equal Marriage, Robin A. Lenhardt
Fordham Law Review
No abstract provided.
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
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
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
The Multiracial Epiphany Of Loving, Kevin Noble Maillard
The Multiracial Epiphany Of Loving, Kevin Noble Maillard
Fordham Law Review
No abstract provided.
Time For Rights? Loving, Gay Marriage, And The Limits Of Legal Justice, Chandan Reddy
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
Twenty-First-Century Loving: Nationality, Gender, And Religion In The Muslim World, Adrien Katherine Wing
Fordham Law Review
No abstract provided.
New York's Post-September 11, 2001 Recognition Of Same-Sex Relationships: A Victory Suggestive Of Future Change, John O. Enright
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.
If Not Marriage? On Securing Gay And Lesbian Family Values By A "Simulacrum Of Marriage", Craig W. Christensen
If Not Marriage? On Securing Gay And Lesbian Family Values By A "Simulacrum Of Marriage", Craig W. Christensen
Fordham Law Review
The benefits of [homosexual] marriage may outweigh the costs. Nonetheless, since the public hostility to homosexuals in this country is too widespread to make homosexual marriage a feasible proposal even if it is on balance cost-justified, maybe the focus should be shifted to an intermediated solution that would give gomosexuals most of what they want . . . . . . . What . . . is called registered partnership and . . . homosexual cohabitation [in some countries] is in effect a form contract that comosexuals can use to create a simulacrum of marriage. Richard A. Posner, Sex and …
The Constitutionality Of Covenant Marriage Laws, Melissa Lawton
The Constitutionality Of Covenant Marriage Laws, Melissa Lawton
Fordham Law Review
No abstract provided.
Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson
Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson
Fordham Law Review
No abstract provided.