Digital Commons Network^™

Obergefell’S Ambiguous Impact On Legal Parentage, Leslie Joan Harris

Chicago-Kent Law Review

For more than thirty years, the central questions of the law of parentage have been when and to what extent determinations of legal parenthood should be based on biological relationship, marriage to a child’s biological parent, or functioning as or intending to be a parent. In Obergefell v. Hodges, the Supreme Court endorsed the claim that children whose parents are married are better off socially and legally than nonmarital children; its language could easily be taken to support legal rules that encourage or prefer childrearing within marriage. On the other hand, the Court’s argument assumes that the same-sex couple—both members—are …

Judicial Discretion V. Predictable Outcomes: A Review Of The 2016 Amendments To The Illinois Marriage And Dissolution Of Marriage Act, David E. Braden

Chicago-Kent Law Review

In 2015, the Illinois General Assembly comprehensively amended the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois legislators cited a desire to increase predictable outcomes and to minimize adversarial litigation as primary goals for passing this overall to Illinois’s marriage and divorce law. This Comment evaluates how the amendments advance the stated legislative goals of increasing predictable outcomes and minimizing litigation while maintaining flexibility for fact-specific decision-making through judicial discretion. While the results are mixed, this Comment identifies changes in key provisions to which practicing attorneys should take note.

Romantic Discrimination And Children, Solangel Maldonado

Chicago-Kent Law Review

In recent years, social scientists have used online dating sites to study the role of race in the dating and marriage market. This research has revealed a racialized and gendered hierarchy that disproportionately excludes African-Americans and Asian-American men. For decades, other researchers have studied the risks and outcomes for children who are raised in single-parent homes as compared to children raised by married parents.

Drawing on these studies, this Essay explores how racial preferences in the dating and marriage market potentially disadvantage the children of middle-class African-American women who lack or reject opportunities to intermarry relative to children of married …

Assisted Reproduction Inequality And Marriage Equality, Seema Mohapatra J.D., Mph

Chicago-Kent Law Review

In Obergefell v. Hodges, Justice Kennedy declared that “marriage is fundamental under the Constitution and [should] apply with equal force to same-sex couples.” This Article examines how the advent of marriage equality may impact the rights of same-sex couples to have biological children via assisted reproduction and surrogacy. Specifically, this Article points out the ways that the Obergefell decision affects the law of infertility. By the law of infertility, I mean the laws that require insurance coverage of infertility treatments and other assisted reproductive technologies (“ART”). Because same-sex couples are not able to have biological children with each other …

Parents, Babies, And More Parents, June Carbone, Naomi Cahn

Chicago-Kent Law Review

This Article makes two basic points. First, the three-parent family is here. Once states accept that parenthood does not depend on either biology or marriage, then three parents are inevitable unless the states go out of their way to rule that adults who otherwise meet their definitions of parenthood will not be recognized. Second, as three-parent family recognition increases, there are difficult questions on how to manage the status of each parent. This difficulty arises because the two major trends in the family law—the recognition of a multiplicity of family forms and the insistence on parental equality—are on a collision …

A Practical Solution To The Marriage Penalty, Margaret Ryznar

Pepperdine Law Review

In the federal income tax code, there is a marriage penalty resulting from tax brackets that do not double upon marriage. This marriage penalty persists despite universal condemnation of it, penalizing a significant portion of married women who work and many same-sex couples. This Article proposes a novel way to deal with this marriage penalty by creating a filing status for dual income couples that earn an amount within a particular percentage of each other. This filing status would be the same as the current married filing status, except it would double the rates of single filers by accommodating two …

From Miserable To Manageable:The Assimilation Story Of One Army Wife, Hannah Schaefer Ezell

Ethnography Research: Language and Culture

No abstract provided.

Shifting Views On The Male-Female Relationship: Same-Sex Marriage And Other Social Consequences, W. Justin Dyer

Religious Educator: Perspectives on the Restored Gospel

The past two decades in the United States have seen the near-universal definition of marriage (between a man and woman) shift dramatically from majority acceptance to majority rejection. In 1996, 65 percent of Americans favored marriage as only between a man and a woman, but by 2015, the year the US Supreme Court legalized same-sex marriage, only 39 percent favored maintaining marriage as between a man and a woman.

Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie

Indiana Law Journal

According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social history, all in an …

Marriage Principles From A National Extension Model, Kailee Hansen, David G. Schramm

All Current Publications

This fact sheet describes seven research-based principles that shape healthy relationships: choose, care for self, know, care, share, manage, and connect, and how to apply them in your life.

The Attitudes And Stigmas Surrounding Modern Day Interracial Relationships, Charisse Allen

Siegel Institute Ethics Research Scholars

Interracial relationships are defined as relationships where each person is of a different race than the other. Historically, we’ve seen interracial relationships between slave owners and their slaves and in recent years among many different types of people across different races other than the “traditional” black and white. The current study that will be discussed is concerning people’s views on interracial relationships amid an election and 49 years after the court case Loving v. Virginia which overturned anti-miscegenation laws.

The Association Between Locus Of Control And Marital Satisfaction Throughout Adulthood, Matthew Elias Kahler

Theses and Dissertations

The correlation between locus of control and marital satisfaction is examined as part of a longitudinal study spanning 44 years and 3 time points. It is predicted that as locus of control has more of an external orientation marital satisfaction will be lower. Participants include high school juniors and seniors in the state of Washington from 1966 with follow-up surveys in 1980 and 2010. Using ordinary least squares regressions, marital satisfaction scores in 1980 or 2010 are predicted by locus of control scores from either 1966 or 1980 with control variables that include gender, income, educational attainment, occupational prestige, and …

Impulsivity, Communication, And Marital Satisfaction In Newlywed Couples, Kenneth Tan, Amber M. Jarnecke, Susan C. South

Research Collection School of Social Sciences

The authors used a vulnerability–stress–adaptation framework to examine how and why impulsivity affects communication and marital satisfaction in a sample of 100 newlywed couples. We specifically examined the links between impulsivity and perceptions of conflict communication patterns and their associations with marital satisfaction. Using an actor–partner interdependence framework, the results demonstrated that impulsivity was negatively associated with one's own and partner's marital satisfaction. Impulsivity was also negatively associated with constructive communication and positively associated with destructive communication. Furthermore, mediation analyses showed that communication patterns mediated the impulsivity–satisfaction link. Taken together, these findings suggest that impulsivity is likely to lead to …

Aberrant Relationships In The Book Of Genesis: The Pollution Of The "One Flesh" Relationship As Found In Genesis 2:24, Robert Evans

Doctoral Dissertations and Projects

Genesis is a book of beginnings. Furthermore, Genesis describes the beginning of the relationship between man and woman. That relationship, as found in Gen 2:24, becomes the standard ideal for the one-flesh union set forth by God. Sadly, Genesis 3 tells of the beginning of sin, and how sin damaged the ideal union. And, although sin has persisted and flourished, the standard of Gen 2:24 never changed, nor was it replaced. Thus, the following dissertation seeks to locate, examine, and discuss the various one-flesh, man-woman relationships in Genesis. The first chapter of this research examines the one-flesh relationship found in …

The Sounds Of Silence; Or, Isabella’S Counter Discourse In Measure For Measure, Gina Vivona

Theses and Dissertations

This argument reshapes the thinking about masculine dominance in Measure for Measure, and considers the patriarchy as a series of socially constructed, hence artificial, rules and regulations. It also explores how Isabella’s discourse and celibacy empower her to defy the constraints of early modern paradigms and achieve individual freedom.

Empowering Sister Wives: Why The Relationships Between Wives In Polygynous Marriages Deserve Legal Recognition, Stephanie Halsted

Indiana Journal of Law and Social Equality

No abstract provided.

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.

Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan

Law School Blogs

No abstract provided.

Young Widows Club, Liz Smith

Children's Book and Media Review

At seventeen years old, Tamsen Baird (Tam) is already a widow. Her world is torn apart when her husband of six short months suddenly dies in his sleep. Noah was her world and when he dies, Tam is suddenly faced with trying to find out who she is and what to do next. While dealing with her grief, Tam makes some poor choices that land her in jail. In court, the judge orders her to move back home with her father, attend a monthly support group for young widows, and finish high school. Tam is less than thrilled but complies. …

Three Women, Two Spheres, And A Contract: A Comparative Study Of Mary Astell And Mary Wollstonecraft Through The Lens Of Carole Pateman's "The Sexual Contract", Robyn Burke Dabora

Dissertations, Masters Theses, Capstones, and Culminating Projects

This project examines the writings of Mary Astell (1666-1731) and Mary Wollstonecraft (1759-1797) regarding women in light of ideas articulated by Carole Pateman (1940- ) in her book, The Sexual Contract (1988). In her work, Pateman critiques the prescriptions for the management of society suggested by classic contract theorists such as Thomas Hobbes (1588-1679) and John Locke (1632-1704) and cites that their solutions focus solely on men in the public sphere of society. Pateman illuminates the condition of women in the private sphere of the home, and asserts that this realm operates by mechanisms radically different from those of the …

Race And The Law, Cassandra Conover

University of Richmond Law Review

No abstract provided.

Making Media Work For Your Marriage, Elizabeth Davis, Naomi Brower

All Current Publications

This fact sheet gives tips for strengthening relationships through technology and for safeguarding those relationships.

Love, Money, And Parental Goods: Does Parental Matchmaking Matter?, Fali Huang, Ginger Zhe Xu, Lixin Colin Xu

Research Collection School Of Economics

While parental matchmaking has been widespread throughout history and across countries, we know little about the relationship between parental matchmaking and marriage outcomes. Does parental involvement in matchmaking help ensure their needs are better taken care of by married children? This paper finds supportive evidence using a survey of Chinese couples. In particular, parental involvement in matchmaking is associated with having a more submissive wife, a greater number of children, a higher likelihood of having any male children, and a stronger belief of the husband in providing old age support to his parents. These benefits, however, are achieved at the …

Women In Ambiguity: Fictitious Monogamy In Genji Monogatari, Anita Fike

Arts & Sciences Graduate Student Theses and Dissertations

The Heian classic tale Genji monogatari (c. early eleventh century) follows the amorous adventures of the Shining Prince Genji. After his death, the text continues to depict the romantic affairs of the next generation. Over the course of fifty-four chapters, an image of Heian-era romance comes to life, fraught with ambiguities surrounding romantic entanglements. The term “marriage” itself is contentious, as it is difficult to determine how the text interprets the marriage system and relationship practices at the time. The unclear stratification of women leaves many of the monogatari’s main female figures living in insecurity, where informal marriage seems …

Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins

Faculty Scholarship

This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal constitutional and administrative rules that regulate government action. There is some truth to that description. But the historical sources examined in this Article demonstrate that in at least one important respect, citizenship and immigration have long been similar to other fields of law that are primarily implemented by agencies: officials operating …

Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman

Concordia Law Review

The purpose of this Essay is to explore the idea that the student loan indebtedness bearing down upon the majority of today’s college graduates creates economic insecurity that forces borrowers to reject or significantly delay marriage, and that burden, taken together with an already lukewarm Millennial attitude, may not bode well for the future of the institution. Record numbers of Millennials have rejected the traditional path of marriage-homeownership-children, and the percentage of Millennials who will marry by age 40 is projected to fall lower than the figure for any previous generation of Americans. To the extent that marriage is an …

Retroactive Definitions: The Problem With The Traditional Marriage Argument, Atticus Garrison

Religion: Student Scholarship & Creative Works

Words often change meaning over time. For example, until the 1960s, the word “gay” meant “Light-hearted and carefree” or “Brightly coloured; showy”.[1] But after the 1960’s, the definition of “gay” drastically changed, to meaning a “homosexual.”[2] “When you're with the Flintstones, Have a yabba dabba-do time A dabba-do time, We'll have a gay old time!”[3] This means that when we look at the theme song for the classic cartoon The Flinstones, we should not apply our definition of what gay means to how it is used in the theme song. Definitions of marriage work much in …

The Metaphorical Use Of Marriage In Scripture: A Pentecostal Exploration, Stetson Glass

Masters of Theological Studies

The biblical writers utilize the metaphor of marriage to describe the relationship between God and humanity. Within this imagery, the people of God are often depicted as a bride. This thesis contributes to an understanding of the metaphor of marriage in Scripture by analyzing the socio-historical wedding practices of ancient Judaism. The use of the metaphor in both Old and New Testaments is examined, followed by an analysis of bridal language in early Pentecostal periodical literature. It concludes with a constructive Pentecostal ecclesiology structured on the characters and the stages found within the typical Jewish wedding.

Starving Marriage: Seven Recipes For Nourishing Intimacy, Richard Daniel

Doctoral Dissertations and Projects

Connecting with your spouse has become a demanding undertaking in a world full of commotion. Marriage relationships are bleeding to death because of the lack of time that couples spend together. Husbands and wives are starving themselves of the much-needed social, psychological, physical, and spiritual provisions that nourish a vigorous bond. The marriage relationship is difficult and often described as the most important earthly relationship that one can have. In this flawed world, the objective of marriage should be to strive to perfect the imperfection of two souls who have been joined by God to fulfill their mission of glorifying …

Does All The Excitement Really End At Marriage? An Assessment Of Same-Sex Marriage Legislation And Lgbt Activism, Kelsie Diaz

Theses and Dissertations

The purpose of this study is to examine the relationship between the legalization of same-sex marriage, civil unions, and domestic partnerships with LGBT political participation and activism. There has long been a debate between several groups of LGBT activists on what the legalization of same-sex marriage will do to LGBT activism. Will achieving same-sex marriage ultimately hinder the movement or will it open new realms of possibility for change? This study aims to survey the arguments offered by a few prevalent sides of the same-sex marriage debate, then provide empirical information as support for one of those claims. This study …