Law Commons^™

Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day

Hofstra Law Review

This Article questions whether religious objectors, who refuse to provide their services in facilitating a same-sex marriage, are discriminating on the basis of sexual orientation or refusing to adopt a politically correct, albeit legal, view of marriage. If the latter, then, compelling political correctness can have a boomerang effect, creating more LGBTQ discrimination. Given this administration's strong support for religious freedom and two new conservative justices on the Supreme Court, a legislative religious exemption in public accommodation laws may be safer for LGBTQ rights than risking a Supreme Court ruling constitutionally enshrining a religious right to discriminate.

After the Introduction …

Discriminating Gender: Legal, Medical, And Social Presumptions About Transgender And Intersex People, Janet L. Dolgin

Hofstra Law Faculty Scholarship

"Discriminating Gender: Legal, Medical, and Social Presumptions About Intersex and Transgender People” analyzes the significance of the binary-gender presumption in legal responses to intersex people and to transgender people. Both intersex and transgender status challenge familiar understandings of gender, sex, bodies, and personhood. Intersexuality challenges the cultural belief that that everyone can be, and should be, categorized as female or as male. And transgender status challenges the belief that gender and sex are always coincident and that they are established at a person’s birth. More fundamentally, differences in social and legal responses to both transgender people and to intersex people …

With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner

ACTEC Law Journal

This article draws attention to a cultural shift in the formation of families that has been and is taking place in this country and in the developed world.

Part I uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. Between 2000 and 2010, the population grew by 9.71%, but the husband and wife households only grew by 3.7%, while the unmarried couple households grew by 41.4%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions.

Because of the Supreme …

The Internationalization Of American Family Law, Barbara Stark

Hofstra Law Faculty Scholarship

Even fifty years ago, the United States was a superpower and Americans traveled for pleasure and worked abroad. Then, like now, the United States was a magnet for immigrants seeking freedom, or asylum, or opportunity. Then, like now, human relationships crossed geographical and political boundaries, challenging the limits of family law.

But globalization and the vast migrations of capital and labor that have accompanied it in recent decades have transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join …

How Second-Wave Feminism Forgot The Single Woman, Rachel F. Moran

Hofstra Law Review

No abstract provided.

State Interest And Marriage - The Theoretical Perspective, Brian H. Bix

Hofstra Law Review

No abstract provided.

"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay

Hofstra Law Review

No abstract provided.

Ending Marriage As We Know It, Nancy D. Polikoff

Hofstra Law Review

No abstract provided.

Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain

Hofstra Law Review

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).

Conference On Marriage Families And Democracy: Foreword, Jordan Leigh Santeramo

Hofstra Law Review

No abstract provided.

Unbundling Marriage, James Herbie Difonzo

Hofstra Law Review

Marriage is emerging as a “bundle” of legal benefits and burdens. The history of domestic relations has produced a cornucopia of family arrangements, and the yield shows no signs of diminishing. At the same time, our yearning for a halcyon past has led many to the erroneous belief that the family formation consisting of two parents and the children of their ‘til-death-do-they-part union is the only culturally authentic and “traditional” one. In fact, as Michael Grossberg has observed, our domestic past has been characterized by “the constant reality of American family diversity.” As twenty-first century families are exploring new contours, …

Critical Familism, Civil Society, And The Law, Don Browning

Hofstra Law Review

No abstract provided.

Toward Equal Regard For Marriages And Other Imperfect Intimate Affiliations, Judith Stacey

Hofstra Law Review

No abstract provided.

The Bonds Of Matrimony And The Bonds Of Constitutional Democracy, Lynn D. Wardle

Hofstra Law Review

No abstract provided.