Digital Commons Network^™

The Peculiar Federal Marriage Amendment, Scott Dodson

Faculty Publications

In this essay, I discuss the Constitution's commitment to three themes - state power over familial matters, individual liberty, and equality - and then demonstrate how the proposed Federal Marriage Amendment is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an unconstitutional amendment, if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments altering the Constitution's commitment to multiple existing themes in the Constitution should be …

Rescuing Children From The Marriage Movement: The Case Against Marital Restrictions On Adoption And Assisted Reproduction, Richard F. Storrow

ExpressO

Much of the current cultural debate about marriage in the United States focuses on the need for children to be raised by heterosexual married couples. In the current atmosphere, it is important to examine how marriage functions in contexts where parent-child relationships are determined by more than just genetics and marital presumptions. This Article argues that the favoritism toward marriage in adoption and assisted reproduction relates neither to the purposes of marriage nor to child welfare. Part I subjects marital restrictions on assisted reproduction to an interpretivist microscope, and Part II undertakes a comprehensive comparison of step-parent adoption and second-parent …

Constitution Of The State Of Georgia Defense Of Marriage Act: Amend The Constitution Of The State Of Georgia To Provide That Georgia Shall Recognize As Marriage Only The Union Of A Man And A Woman; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Shannon Alexander, Heather Schafer

Georgia State University Law Review

Defense of Marriage Act: Amend the Constitution of the State of Georgia to Provide That Georgia Shall Recognize as Marriage Only the Union of a Man and a Woman; Provide for Submission of This Amendment for Ratification or Rejection; and for Other Purposes

Conjoint Marital Therapy: Proxy Voice Intervention And Softening In The Context Of Couple Enactments, Ryan B. Seedall

Theses and Dissertations

This study evaluated the effectiveness of proxy voice intervention, embedded within couple enactments, on client-perceived softening. During enactments, direct couple interaction is the focus while the therapist coaches from the periphery. In the context of an enactment, the therapist may use proxy voice when partners appear to be distressed and expressing themselves in terms of secondary emotions by modeling appropriate attachment and self-concept expression. The primary research question was whether therapist use of proxy voice in an enactment would be more likely to bring about softening effects, or whether use of proxy voice was counter-intuitive to enactment conceptualization and would …

Religion And Gender In Christian, Jewish, And Muslim Married Couples, Anna Mae Ridley

Theses and Dissertations

This study explores the influence of religion on gender roles in marriage. Past research indicates that previous theories of marital power have ignored couples' own conceptualizations and have relied on taken for granted assumptions. Thirty-two religious couples (from Christian, Jewish, and Muslim faiths) were interviewed regarding their gender roles. Grounded-theory qualitative analyses were conducted for couples' perceptions of religious influence on gender roles, the development of their gender practice, and their operationalization of marital power. Results are reported according to couples' discussion of role organization, role design, and outcomes. Valuing gender differences moderated religious impact on couples' role development and …

The Context Of Contact: White Attitudes Toward Interracial Marriage, Bryan R. Johnson

Theses and Dissertations

Using a year 2000 national racial poll conducted by the New York Times, I analyze Whites' approval of interracial marriage. I utilize the contact hypothesis, as originally formulated by Gordon Allport, to develop a conceptual model of White's attitudes toward interracial marriage. Specifically I propose and develop an additional dimension of the contact hypothesis, which accounts for the context in which interracial contacts occur. I do so by examining several specific social settings in which White respondents report experiencing contact with Blacks. The contexts examined are ordered in terms of the type of contact they likely provide, from close, personal …

The Wedding Bells Heard Around The World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage?, Mark E. Wojcik

Northern Illinois University Law Review

This article is a historical, international, and timely examination of issues commonly raised by the marriage of same-sex couples in anticipation of the impending changes in this area of the law in the United States. Through a survey of important developments and a comparison of the treatment of same-sex couples vis a vis marriage in various locales, the author argues that fears about recognizing same-sex couples destroying our country or the institution of marriage are irrational, and that it is time now to recognize that same-sex couples deserve the same recognition and protection of the law afforded to opposite-sex couples. …

Foreword: Loving Lawrence, Pamela S. Karlan

Michigan Law Review

Two interracial couples. Two cases. Two clauses. In Loving v. Virginia, the Supreme Court struck down a Virginia statute outlawing interracial marriage. In Lawrence v. Texas, the Court struck down a Texas statute outlawing sexual activity between same-sex individuals. Each case raised challenges under both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.

Estate Planning Expert Forward, Lawrence W. Waggoner

Other Publications

There is no doubt that a self-help book devoted to financial and estate planning is of much interest to remarried partners, but can such a book be interesting? Jon Fitzpatrick has made his book interesting. This is no ordinary non-fiction book Jon has come up with a unique way of presenting his material: as fiction. The setting for his novel is an adult course conducted at night in a local high school. His players are a couple of lawyers who teach the course and the students in the class. Each chapter addresses the classroom topic for that evening. The dialogue …

Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato

San Diego International Law Journal

This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …

Don't See How It Won't Get Worse, John M. Kuharik

The Prairie Light Review

No abstract provided.

Triptych, Kathrin Weber

The Prairie Light Review

No abstract provided.

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright

University of Richmond Law Review

No abstract provided.

Adult Attachment Styles And Their Correlation With Marital Adjustment And Divorce, Cheryl Jones

Undergraduate Honors Capstone Projects

The theory of attachment is a fairly recent approach to studying the relationship between romantic partners. Attachment theory was originally studied to explain the needs and behaviors between infants and their primary caregivers. The attachment style that infants have with their primary caregiver characterizes them throughout their entire lives. Three different styles of attachment have been described: secure, avoidant, and ambivalent. Secure individuals find it easy to get close to others. Avoidant individuals are nervous when people get too close. Ambivalent individuals want to get very close to others and are fearful of abandonment.

Various research studies suggest that attachment …

The Express: April 23, 2004, Taylor University Fort Wayne

2003-2004 (Volume 8)

Spring break missions trips return home — Mr. TUFW 2004 — Helpful Reminders — A woman living in a man’s world — The Express Index — How to get an internship — Junior/Senior Banquet 2004 — Overlooked movies in theaters now — Running boys set the record straight — Baseball club team loses school funding — The Essential TUFW Sports Quiz

Marriage And Consumption Insurance: What’S Love Got To Do With It?, Gregory Hess

CMC Faculty Publications and Research

When markets are incomplete, individuals may choose to marry to diversify their labor income risk. Love, however, can complicate the picture. If love is fleeting or the resolution of agents’ income uncertainty occurs predominantly later in life, then marriages with good economic matches last longer. In contrast, if love is persistent and the resolution of uncertainty to agents’ income occurs early, then marriages with good economic matches are more likely to be caught short with too little love to save a marriage. Consequently, once married, the partners will be more likely to divorce. Evidence is provided to distinguish between these …

Notre Dame Lawyer - Spring 2004, Notre Dame Law School

Notre Dame Lawyer

Bangladesh Journal

Catholic and American: Using Catholic Social Teaching for a Critical Look at American Law and Culture

The History of “Pollution”

Hope on Howard Street

Is Marriage the Government’s Business?

Lord Goff—This Year’s Clynes Visiting Chair

Carol Mooney Named President at St. Mary’s

Library’s 600,000th Volume Is Small Stuff

Balancing The Demands Of The Workplace With The Needs Of The Modern Family: Expanding Family And Medical Leave To Protect Domestic Partners, Kimberly Menashe Glassman

University of Michigan Journal of Law Reform

This Note addresses the importance of expanding the federal Family and Medical Leave Act and state family and medical leave laws to protect domestic partners. Congress passed the Family and Medical Leave Act to allow workers to balance their work lives and family lives by granting workers the right to take leave time to care for an immediate family member in times of medical necessity. The term 'family member," however, is generally limited to relation y blood, adoption, or marriage, and does not include an individual's domestic partner. The concept of family has evolved in our legal system and is …

Same-Sex Partners And Family Class Immigration: Still Not Equal With Opposite-Sex Partners, Donald G. Caswell

Dalhousie Law Journal

The Immigration and Refugee Protection Act, which came into force in 2002, and the Regulations under it, expanded family class immigration to include commonlaw partners and conjugal partners in addition to spouses A common-law partner or a conjugal partner may be either an opposite-sex or same-sex partner-as can a spouse, depending upon the currently evolving law with respect to samesex marriage. Under the former Immigration Act, same-sex partners had been admitted pursuant to the discretion to admit immigrants on the basis of compassionate or humanitarian considerations. After examining the admission of same-sex partners under both the former and the current …

Couples' Views Of The Effects Of Natural Family Planning On Marital Dynamics, Leona Vandevusse, Lisa Hanson, Richard J. Fehring, Amy Newman, Jaime Fox

College of Nursing Faculty Research and Publications

Purpose: Natural Family Planning (NFP) requires periodic abstinence and partner cooperation to prevent pregnancy. The aim of this study was to learn about the effects of modern NFP methods on marital relationships. Design: Descriptive survey. Methods: Questionnaires were mailed to 1,400 randomly selected couples known to use NFP and residing in the United States of America; 334 couples (24%) responded. Content analysis was used to identify meanings and themes. Numeric analyses were used to determine frequencies. Findings: Nearly two-thirds of the qualitative comments were positive. Four themes were identified in the positive responses: relationship enhancements, knowledge improvements, spirituality enrichments, and …

Mistaking Marriage For Social Policy, Vivian E. Hamilton

Faculty Publications

This Article examines the role of marriage in society, focusing on the state's use of marriage as a proxy for desirable outcomes in social policy. Its analytical point of departure is the normative vision of modern marriage embraced by many of its proponents. From there, the idealized marriage is analyzed, not as a monolithic, opaque institution, but as one whose functional components may be identified and examined. The Article identifies the following as the primary functions of the normative marital family: expression; companionship; sex/procreation; caretaking; and economic support or redistribution. Analyzing the roles in society of each of these functions, …

Sex Determination For Federal Purposes: Is Transsexual Immigration Via Marriage Permissible Under The Defense Of Marriage Act?, John A. Fisher

Michigan Journal of Gender & Law

Part I describes the federal immigration benefits available to spouses of most U.S. citizens and presents the historical and contemporary obstacles that prohibit these benefits from being extended to gays and lesbians. It then addresses DOMA's failure to define "opposite sex," and hence DOMA's failure to indicate whether post-operative transsexuals, or their partners, should be given "spousal status" under current U.S. immigration law. Part II examines traditional and modern notions of sex. It traces state legal approaches to transsexual marriage and ultimately disentangles the formalistic rhetoric that obfuscates the reasoning in those cases. In particular, Part II focuses on a …

Urban Aboriginal Women In British Columbia And The Impacts Of Matrimonial Real Property Regime, Karen L. Abbott

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Matrimonial Real Property Issues On-Reserve, Wendy Cornet, Allison Lendor

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Resisting Marriage And Renouncing Womanhood: The Choice Of Taiwanese Buddhist Nuns, Hillary Crane

Faculty Publications

The traditional Chinese perception of Buddhist monastics is that they choose to renounce the world out of desperation — after failing in the world such that their only options are suicide or the monastery. That this perception of the monastic life persists in Taiwan today is evident in monastics’ own descriptions of their families’ responses to their choice as well as in several recent scandals related to monastic life. Despite the widespread negative perception of monastics, increasing numbers of women are choosing this life. Drawing on extensive fieldwork with relatively new monastics, the author explores the choice Buddhist nuns make …

Wooster Magazine: Winter 2004, Lisa Watts

Wooster Magazine: 2001-2010

This edition of the Wooster Magazine was published in the Winter of 2004. Host families for International Students are highlighted on pages nine to thirteen. Angene Hopkins Wilson '61 and Jack Wilson '61 reflect on their experience as Peace Corps volunteers. The letters from Signe Helgeson '01 from their time in Benin. The Class Notes section is from page twenty-eight to sixty.

Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner

Michigan Journal of Gender & Law

Part I of this paper examines the reasons underlying queer rights advocates' reluctance to insert privacy arguments into the case for legalizing same-sex marriage. Part II illustrates that, due to such disinclination, advocates transformed notions of privacy into concepts of liberty. Part III argues that, after the Lawrence decision, proponents of same-sex marriage can and should use privacy-based arguments to fortify their claims.

Traditional Marriage: Still Worth Defending, George W. Dent

Faculty Publications

A few years ago, I wrote an article entitled The Defense of Traditional Marriage.1 I began with the topic of same-sex marriage but soon saw that all the arguments for gay marriage were also arguments for polygamy, endogamy (or incestuous marriage), etc., so the article became a defense of traditional marriage against all these other types. The pertinent law and jurisprudence are constantly changing, so this conference offers an excellent opportunity to reconsider my views in light of new learning and thinking. A review shows the case for traditional marriage is even stronger now than it was before. As evidence …

One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This article critically examines the estate and gift tax rules currently applicable to martial wealth transfers and proposes a new system in which all transfers between spouses will be subject to taxation. The article begins by tracing the historic development of what the author calls the "one flesh, one taxpayer" approach to wealth transfer taxation. Over a period of more than thirty years, the marital deduction evolved from a tool for achieving geographic uniformity into an institution based on an unreal and idealized story of proper gender roles and the economic significance of marriage. After describing the wealth transfer tax …

The Constitution Should Protect The Right To Same-Sex Marriage, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.