Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- File Type
Articles 1 - 5 of 5
Full-Text Articles in Sexuality and the Law
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Nancy J. Knauer
When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of marriage laws …
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Cory A DeLellis
This thesis discusses why laws that restrict marital rights and recognition, on the basis of the couple’s sexual orientation, should be subject to a heightened or intermediate level of judicial scrutiny under Equal Protection challenges. This thesis addresses, analyzes, and suggests why sexual orientation – within the context of same-sex couples – should be considered a quasi-suspect class, rather than a non-suspect class, so that laws negatively impacting couples based on their sexual orientation are subjected to a fairer and more reasonable level of judicial scrutiny.
A "Bare ... Desire To Harm?" Marriage And Catholic Conscience Post - Windsor, Helen M. Alvare
A "Bare ... Desire To Harm?" Marriage And Catholic Conscience Post - Windsor, Helen M. Alvare
helen m alvare
No abstract provided.
Deeply Rooted Principles Of Equal Liberty, Not 'Argle Bargle': The Inevitability Of Marriage Equality After Windsor, Nancy C. Marcus
Deeply Rooted Principles Of Equal Liberty, Not 'Argle Bargle': The Inevitability Of Marriage Equality After Windsor, Nancy C. Marcus
Nancy C Marcus
"‘Argle Bargle,’ or Deeply-Rooted Principles of Equal Liberty? The Inevitability of Marriage Equality after Windsor" is an article that analyzes United States v. Windsor, the recent Supreme Court same-sex marriage opinion striking down Section 3 of the Defense of Marriage Act. Although Justice Scalia’s dissent in Windsor dismisses the majority opinion, authored by Justice Kennedy, as legalistic argle bargle, this article explains that the Windsor majority opinion is, rather, a principled decision reflecting an evolved understanding of fundamental constitutional values. The article explains why the majority opinion should not be understood as one with a federalist holding that reserves to …
Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford
Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford
W. Warren H. Binford
This article considers how the United States could fulfill its international treaty obligations to support the full restoration of child pornography victims in the aftermath of the recent decision of the United States Supreme Court in Paroline v. United States. The article details how the United States provided leadership historically in creating a skeletal legal framework domestically and internationally to help combat child pornography and restore victims, and highlights how that framework is failing victims on a near-universal basis in an age dominated by technological innovation and globalization. The article proposes the adoption and implementation of effective domestic and international …