Digital Commons Network^™

If Not Marriage? On Securing Gay And Lesbian Family Values By A "Simulacrum Of Marriage", Craig W. Christensen

Fordham Law Review

The benefits of [homosexual] marriage may outweigh the costs. Nonetheless, since the public hostility to homosexuals in this country is too widespread to make homosexual marriage a feasible proposal even if it is on balance cost-justified, maybe the focus should be shifted to an intermediated solution that would give gomosexuals most of what they want . . . . . . . What . . . is called registered partnership and . . . homosexual cohabitation [in some countries] is in effect a form contract that comosexuals can use to create a simulacrum of marriage. Richard A. Posner, Sex and …

The Constitutionality Of Covenant Marriage Laws, Melissa Lawton

Fordham Law Review

No abstract provided.

Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson

Fordham Law Review

No abstract provided.

Enlightenment, Donald J. Herzog

Articles

It's a curious broadside, a work of austere graphics and polite prose far removed from the mischievous engravings and bawdy ballads usually appearing on such sheets. Drawn from an address that 345 printers had signed and 138 had presented to the queen, the original text was committed to parchment "and accompanied by a Copy surperbly printed on white Satin, edged with white Silk Fringe, backed with purple Satin, and mounted in an Ivory Roller with appropriate Devices." Even in the published version, the arch is full of intricately detailed work. The printers took pride in their craftmanship: "This Specimen of …

Overt And Relational Aggression In Russian Nursery-School-Age Children: Parenting Style And Marital Linkages, Craig H. Hart, David A. Nelson, Clyde C. Robinson, Susanne Frost Olson, Mary Kay Mcneilly-Choque

Faculty Publications

Maternal and paternal parenting styles and marital interactions linked in childhood aggressive behavior as described in Western psychological literature were measured in an ethnic Russian sample of 207 families of nursery-school-age children. Results corroborated and extended findings from Western samples. Maternal and paternal coercion, lack of responsiveness, and psychological control (for mothers only) were significantly correlated with children's overt aggression with peers. Less responsiveness (for mothers and fathers) and maternal coercion positively correlated with relational aggression. Some of these associations differed for boys versus girls. Marital conflict was also linked to more overt and relational aggression for boys. When entered …

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …

Marriage Contracts And The Family Economy, Katharine B. Silbaugh

Faculty Scholarship

One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …

Parental Divorce And Lds Young Adult Attitudes Toward Marriage And Family Life, Sarah D. Finney

Theses and Dissertations

This study examined the influence of parental divorce on the attitudes of young adult members of the Church of Jesus Christ of Latter Day Saints (LDS) toward marriage and family life. A sample of 180 students from three universities completed self-report questionnaires measuring various attitudes toward aspects of marriage and family life. The results indicated that parental divorce alone was not a significant predictor (p.≤.05) of young adults' attitudes toward marriage and family life. The one difference found was that young adults' coming from divorced families-of-origin were less attracted to the idea of commitment and sacrifice involved in a marriage …

Utopian Marriage In Nineteenth-Century America: Public And Private Discourse, Brenda Olsen Andrus

Theses and Dissertations

This thesis is a rhetorical analysis of utopian discourse about marriage in mid-nineteenth-century America. Although utopian communities are usually approached within the fields of history and sociology, a rhetorical analysis adds to the discussion by uncovering the discursive complexity of marriage beliefs within a rapidly changing culture. Discursive features of the Shaker, Oneida Community and Latter-day Saint texts are outlined and compared according to the following format:

Chapter One examines the textures of conflict within the dominant culture's views of marriage and gender roles in nineteenth-century America, with a brief overview of reform efforts of the day. This chapter provides …

The Mail-Order Bride Industry And Immigration: Combating Immigration Fraud, Amy Elson

Indiana Journal of Global Legal Studies

No abstract provided.

Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer

Washington and Lee Law Review

No abstract provided.

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

Law Faculty Scholarly Articles

This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [DOMA]. 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 marriage requires "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 …

Legal Regulation Of Marriage: From Status To Contract And Back Again?, Jana B. Singer

Faculty Scholarship

The purpose of this paper is to give a brief historical overview of the way in which the American legal system has traditionally regulated marriage.

Nf97-326 Family And Children Web Sites, Herbert G. Lingren

University of Nebraska-Lincoln Extension: Historical Materials

This NebFact presents Web sites that will provide you with useful information about family, children and parenting issues.

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.

First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King

Seattle University Law Review

The “Creasman presumption” held that, absent any evidence to the contrary, the way property was titled at the end of a cohabitational relationship was presumed to be the way the parties intended. The “exceptions” to the Creasman presumption should be the rule to ensure the flexibility required by equity in these types of cases, while keeping distinct the lines between marriage and cohabitation. To promote this thesis, Part II discusses the facts of Creasman and then dispels the myth of importance surrounding its presumption. Part III reviews the facts of In re Marriage of Lindsey, looks at whether cohabitation …

The Effects Of Utilizing Positive Ritual Behavior In Marriage On Marital Satisfaction And Intimacy, Rita Valenti

Seton Hall University Dissertations and Theses (ETDs)

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Sexual Violence Within Marriage: A Case Study Of Rural Uttar Pradesh, M.E. Khan, John Townsend, Ranjana Sinha, Seema Lakhanpal

Reproductive Health

Until recently the study of sexual behavior, despite being a very important area of human behavior, has remained an untouchable subject. The sensitivity of the subject and difficulties collecting required information discouraged social scientists from venturing into this area of human behavior. However, the advent of AIDS and its rapid spread in India has changed the scenario. Today the study of sexual behavior is an important subject and both national and international agencies, as part of the AIDS control program, are encouraging research on the subject. This paper addresses a totally neglected area, which is sexual coercion within marriage. The …

The Development And Implementation Of A Marriage Support Group And Its Evaluation Using The Das In The Thousand Oaks Seventh-Day Adventist Church, Robert Norman Randall

Doctor of Ministry Projects

Problem

Divorces and separations have proliferated in Adventist churches. This project studied the ministry of churches to marriages. Were members' marriages in need? was the church presently being helpful to the marriages of its members? Would the model of a marriage support group put forward by the researcher be helpful to marriages?

Method

The Dyadic Adjustment Scale was used to survey 600 randomly selected married people from the Anglo churches of the Southern California Conference of Seventh-day Adventists. The thirty-two-question scale measured four characteristics of marriage: satisfaction, cohesion, consensus, and affection. An additional section evaluated the church's ministry to their …

Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig

Journal Articles

Should the young professional's spouse get some share in a newly acquired career while the young military officer's will not? Does the division between alimony and property make any sense, given no-fault divorce? Is reimbursement for lost career opportunities plus a share in the couple's tangible property fair compensation for a divorcing spouse? Such difficult questions frame this piece, which will also—and I believe necessarily—digress into the nature of marriage, the duties of parenting, and modern divorce philosophy.

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.

Review Essay: Sheehan, Michael M. Csb. Marriage, Family, And Law In Medieval Europe. Collected Studies, Albrecht Classen

Quidditas

Sheehan, Michael M. CSB. Marriage, Family, and Law in Medieval Europe. Collected Studies. Ed. James K. Farge. University of Toronto Press, Toronto, 1996. xxxi + 330 pp. $45.00.

The Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, John M. Finnis

Journal Articles

This article examines the morality of sexual relations, referencing the views of many other scholars on the subject including Acquinas, Grisez, Noonan, and Koppelman.

Polygamy And Same-Sex Marriage, David L. Chambers

Articles

In the American federal system, state governments bear the responsibility for enacting the laws that define the persons who are permitted to marry. The federal government, throughout our history, has accepted these definitions and built upon them, fixing legal consequences for those who validly marry under state law. Only twice in American history has Congress intervened to reject the determinations that states might make about who can marry. The first occasion was in the late nineteenth century when Congress enacted a series of statutes aimed at the Mormon Church, prohibiting polygamy in the Western territories and punishing the Church and …

Jerome On Virginity: An Analysis Of St. Jerome's Position On Consecrated Virginity And Celibacy And Their Relation To Marriage, Daniel Kempin

Master of Sacred Theology Seminar Papers

How and why Jerome came to be a champion of this cause is a story in itself, and his own accounts of his personal experience are often emotional and dramatic. Of greater significance, however, is the theological legacy to which Jerome contributed by his strong emphasis on Christian celibacy, particularly consecrated virginity. In this paper I will investigate Jerome's position on Christian celibacy and virginity, including the influences that contributed to his position, in order to identify the theological implications that were a part of his position, and to discuss briefly the exegesis with which he supported his position.

The Woman Who Ran Away: Gender, Power, And Place Among The Atbalmin Of The West Sepik, Papua New Guinea, Eytan Bercovitch

Pacific Studies

No abstract provided.

The Road Less Taken: Annulment At The Turn Of The Century, Chris Guthrie, Joanna Grossman

Vanderbilt Law School Faculty Publications

It is hardly surprising that certain legal institutions--adoption, wills, and guardianship--have lasted through the centuries. Each meets a different, seemingly timeless need: providing parenting for orphans or abandoned children, distributing property at death, and dealing with legal incapacity, respectively. Similarly, divorce, though it appeared somewhat later, took hold and persisted for an obvious reason-the increasing demand for a legally sanctioned way to terminate broken marriages. The endurance of annulment, however, particularly in the face of increasingly liberalized divorce laws, defies easy explanation. The existence of annulment prior to the mid-nineteenth century is easily explained. Until 1857, England was a "divorceless …

Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner

Michigan Journal of Gender & Law

Although the legal fictions of coverture and guilty property have been repudiated by statutes and the Court respectively, the Supreme Court implicitly resurrected and fused the coverture and guilty property myths in Bennis v. Michigan. In that decision, the Court approved the forfeiture of Ms. Bennis' interest in a car in which her husband engaged in sexual activity with a prostitute. This Article explores that resurrected conglomerate in three parts. Part I is a concise review of the feudal doctrine of coverture and the disabilities it imposed on married women. Part II focuses almost entirely on the decision in …

Lds Counselor Ratings Of Problems Occurring Among Lds Premarital And Remarital Couples, Travis R. Adams

Theses and Dissertations

A fundamental purpose of this study was to provide marriage preparation providers with counselors perceptions of potential marital problem areas. A structured questionnaire was sent to LDS counselors, defined as members of the Association of Mormon Counselors and Psychotherapists (AMCAP). These LDS counselors rated 29 problem areas that LDS couples, (members members of The Church of Jesus Christ of Latter-day Saints), might encounter in a first marriage or remarriage. Results (N=231) were analyzed in an attempt to determine the most frequent, most damaging and most difficult problems to deal with in LDS first marriages and remarriages.

Findings suggest that "communication", …

Nf96-262 Is Yours A Partnership 'Team'?, Herbert G. Lingren

University of Nebraska-Lincoln Extension: Historical Materials

Teamwork has to be cultivated and grown by their members. This NebFact has some guidelines on how to make this work.