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Full-Text Articles in Law

Section 5: Speech And Elections, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 5: Speech And Elections, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan Jan 1997

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Michigan Journal of Gender & Law

According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.


Section 1983 Litigation, Martin A. Schwartz Jan 1997

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.