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Civil Rights and Discrimination Commons

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Sexuality and the Law

Selected Works

2013

Civil rights

Articles 1 - 3 of 3

Full-Text Articles in Civil Rights and Discrimination

The Strangely Overlooked Cases Involving Non-Marital Children And Their Constitutional Relevance To Lesbian/Gay Civil Rights Claims, William B. Turner Oct 2013

The Strangely Overlooked Cases Involving Non-Marital Children And Their Constitutional Relevance To Lesbian/Gay Civil Rights Claims, William B. Turner

William B Turner

This essay explores the numerous cases in which the United States Supreme Court has examined laws and policies, mostly state, but some federal, that discriminate against non-marital children for their unrecognized relevance to lesbian/gay civil rights claims. It notes that the excuse for such statutes and policies – the expression of the society’s moral disapproval of particular forms of sexual activity – is identical to the justification that advocates of discrimination against lesbians and gay men offer for their desire to discriminate. It further notes that the reasons Supreme Court justices have offered for striking down discriminations against non-marital children …


Tocqueville’S Slow And Steady Democratic Order In Light Of Us V. Windsor: Same Sex Marriage, And The Dilemma Of Majority Tyranny, Federalism, And Equality Of Conditions, Harry M. Hipler Jul 2013

Tocqueville’S Slow And Steady Democratic Order In Light Of Us V. Windsor: Same Sex Marriage, And The Dilemma Of Majority Tyranny, Federalism, And Equality Of Conditions, Harry M. Hipler

Harry M Hipler

Tocqueville is a reliable interpreter of contemporary American life. His ideas written in the 1830s still resonate today. Tocqueville’s democratic order in Democracy in America (DA) is a dynamic process of socialization and democratization that balances liberty, authority, and equality of the individual in the community in order to obtain social and political justice. The USSC in US v. Windsor ruled that Section 3 of DOMA violated the doctrine of federalism and state sanctioned same-sex marriage. The decision followed Tocqueville’s gradual and progressive development of social and political justice that is crucial to a sustainable democratic order. In my research …


Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif Feb 2013

Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif

Jacob M Reif

No abstract provided.