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Civil Rights and Discrimination Commons™
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Articles 1 - 5 of 5
Full-Text Articles in Civil Rights and Discrimination
How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson
How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao
Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
The Three Waves Of Married Women’S Property Acts In The Nineteenth Century With A Focus On Mississippi, New York And Oregon, Joe Custer
Joe Custer
Paper starts with a brief section on early America and social reform that provides a background on why married women's property acts (MWPA's) passed when they did in nineteenth century America. After laying the foundation, the paper delves into the three waves in which the MWPA's were passed in the nineteenth century focusing for the first time in the literature on one specific state for each wave. The three states; Mississippi, New York and Oregon, are examined leading up to passage. Next, the paper will look into the judicial reaction of each State’s highest court. Were the courts supportive of …
Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes
Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes
Indiana Journal of Law and Social Equality
No abstract provided.
Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse
Seattle University Law Review
In Perry v. Brown, the Ninth Circuit held that Proposition 8 is unconstitutional. But in doing so, the court stepped back from the breadth of the district court’s decision. The Ninth Circuit did not address whether same-sex marriage is a fundamental constitutional right. Nor did the Ninth Circuit address whether the Equal Protection Clause categorically prevents states from limiting marriage to opposite-sex couples. Instead, the Ninth Circuit reached the narrow conclusion that Proposition 8 violates the Equal Protection Clause because it withdrew a preexisting legal right from a marginalized group without any legitimate purpose. The Ninth Circuit should have held …