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Interpreting Liberty And Equality Through The Lens Of Marriage, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this essay, I argue that marriage, as described and prescribed in Obergefell v. Hodges, functions as a lens that distorts the principles of liberty and equality upon which the opinion is based. The Supreme Court’s language is saturated with paeans to marriage, to the degree that the opinion seems to suggest that the moral worthiness of same-sex couples who wish to marry provides the ultimate justification for recognizing a constitutional right. The conceptual fulcrum in this analysis is dignity, which other courts have interpreted as an intrinsic human right that extends to a pluralism of family forms, but …

Sexting Among Married Couples: Who Is Doing It, And Are They More Satisfied?, Brandon T. Mcdaniel Phd, Michelle Drouin

Health Services and Informatics Research

This study examined the prevalence and correlates of sexting (i.e., sending sexual messages via mobile phones) within a sample of married/cohabiting couples (180 wives and 175 husbands). Married adults do sext each other, but it is much less common than within young adult relationships, and consists mainly of sexy or intimate talk (29% reported engaging in sexy talk with partners) rather than sexually explicit photos or videos (12% reported sending nude or nearly-nude photos). Sending sexy talk messages was positively related to relationship satisfaction only among those with high levels of avoidance, and sending sexually explicit pictures was related to …

Perspectives On Marriage Equality And The Supreme Court, The Editors

Fordham Law Review

    On June 26, 2015, the U.S. Supreme Court decided Obergefell v. Hodges, one of the most significant civil rights decisions in recent years. For many of our generation, the Court’s conclusion that same-sex couples enjoy the constitutional right to marry simply confirmed deeply held beliefs about the importance of marriage equality and inclusion for all. We recognize, however, that for American society more broadly, the decision has evoked strong feelings on both sides of the marriage equality debate. For some, Obergefell delivered a unique gift that was unimaginable even a few decades ago: the ability of same-sex couples to …

Roberts, Kennedy, And The Subtle Differences That Matter In Obergefell, Joseph Landau

Fordham Law Review

    By upholding a nationwide right to marry for same-sex couples in Obergefell v. Hodges, the Supreme Court’s enormously significant decision resolves a major civil rights question that has percolated through our legal system and coursed through our culture for some time. The ruling was not an unforeseen outcome, but it brings welcome clarity by ensuring marriage rights for same-sex couples throughout all fifty states. Building on United States v. Windsor—a 2013 decision striking down section 3 of the Defense of Marriage Act (DOMA), which prevented gay and lesbian married couples from receiving federal benefits—Obergefell is an important and …

The Power Of Dignity, Elizabeth B. Cooper

Fordham Law Review

    This Essay juxtaposes the historical and judicial equating of homosexuality and stigma with the Court’s development of a jurisprudence of dignity for gay men and lesbians, culminating in its decision in Obergefell v. Hodges. The language of Obergefell reflects an acceptance of and respect for gay men and lesbians that—regardless of one’s actual desire to marry or attitudes toward the institution of marriage—will profoundly change not only how the law treats LGB individuals, but also how we are treated by others, as well as how we perceive ourselves. I do not mean to assert that Obergefell is without its …

Hail Marriage And Farewell, Ethan J. Leib

Fordham Law Review

    My conclusion in what follows is that, notwithstanding much rhetoric in the opinion, states have some room to rethink marriage in light of marriage equality. And with some intellectual jujitsu, this opening to rethink the state’s place in relational ordering gives marriage-skeptics another bite at the apple to get something they wanted all along: to decenter the largely religious, gendered, and bourgeois institution of marriage. Justice Kennedy’s opinion has the unfortunate result of reaffirming marriage at the top of a relational hierarchy, yet there are surely other ways we can have civil rights and equality for gay people without marriage …

Up From Marriage: Freedom, Solitude, And Individual Autonomy In The Shadow Of Marriage Equality, Catherine Powell

Fordham Law Review

    Obergefell v. Hodges represents a tremendous victory for those of us who believe that each individual has the right to love, form bonds, and create families with whomever one so desires. Through Obergefell and the line of cases from Griswold v. Connecticut and Loving v. Virginia onward, the Court has now repeatedly affirmed the freedoms to plan, to choose, and to create one’s own family as fundamental.

With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner

Articles

This article draws attention to a cultural shift in the formation of families that has been and is taking place in this country and in the developed world. Part I uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. Between 2000 and 2010, the population grew by 9.71 %, but the husband and wife households only grew by 3.7%, while the unmarried couple households grew by 41.4%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions. Because of the …

Marriage The Divine And Blessed Walk Of Life, Robert Weise

Concordia Journal

Marriage is God’s divine and blessed walk of life for man and woman being true to each other, to be fruitful, to beget children, and to nurture and bring them up to the glory of God.

Education And Marriage Decisions Of Japanese Women And The Role Of The Equal Employment Opportunity Act, Linda N. Edwards, Takuya Hasebe, Tadashi Sakai

Economics Working Papers

Prompted by concordant upward trends in both the university advancement rate and the unmarried rate for Japanese women, this paper investigates whether the Equal Employment Opportunity Act (EEOA), which was passed in 1985, affected women's marriage decisions either directly or via their decisions to pursue university education. To this end, we estimate a model that treats education and marriage decisions as jointly determined using longitudinal data for Japanese women. We find little evidence that the passage of EEOA increased the proportion of women who advance to university, but strong support for the proposition that it increased the deterrent effect of …

Ebony And Ivory? Interracial Dating Intentions And Behaviors Of Disadvantaged African American Women In Kentucky, David J. Luke, Carrie B. Oser

Sociology Faculty Publications

Using data from 595 predominantly disadvantaged African American women in Kentucky, this study examines perceptions about racial/ethnic partner availability, cultural mistrust, and racism as correlates of interracial dating intentions and behaviors with both white and Hispanic men. Participants reported levels of dating intentions and behaviors were significantly higher with whites than Hispanics. The multivariate models indicate less cultural mistrust and believing it is easier to find a man of that racial/ethnic category were associated with higher interracial dating intentions. Women were more likely to have dated a white man if they believed it was easier to find a white man …

Empty Room, Chris Federmann

A Midwestern Review: A Magazine of the Arts and Issues at DePauw University

No abstract provided.

The Beautiful Mystery: Examining Jonathan Edwards’ View Of Marriage, Russell J. Allen

Bound Away: The Liberty Journal of History

In contemporary evangelical circles, Jonathan Edwards has gained wide popularity for his theological writings and vital role in the First Great Awakening. However, despite these often romanticized views, Edwards nonetheless stood in the midst of an eighteenth century society that began to develop new norms for sexual practice and new legal guidelines to support them. In order to combat what he saw to be a decaying moral culture, Edwards took a strong stance on marital issues, often to the displeasure of his congregation. What lay behind these convictions was a deep theological understanding of the sanctity of marriage. These views, …

The Influence Of Contraception, Abortion, And Natural Family Planning On Divorce Rates As Found In The 2006–2010 National Survey Of Family Growth, Richard J. Fehring

College of Nursing Faculty Research and Publications

The purpose of this study was to determine the influence of contraception, abortion, and natural family planning (NFP) on divorce rates of US women of reproductive age. The variables of importance of religion and frequency of church attendance were also included in the analysis. The study involved 5,530 reproductive age women in the (2006–2010) National Survey of Family Growth who indicate that they were ever married. Among the women who ever used NFP only 9.6 percent were currently divorced compared with the 14.4 percent who were currently divorced among the women who never used NFP (x² = 5.34, …

Identity And Form, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. Commentators across the political spectrum have made calls to settle these debates with evidence of official designations on birth certificates, application forms, or other records. This move toward formalities seeks to transcend the usual divide between those who believe identities should be determined based on objective biological or social standards, and those who believe identities are a matter of individual choice. Yet legal scholars …

To Belong As Citizens: Race And Marriage In Utah, 1880-1920, Scott D. Marianno

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

In the decades leading up to the twentieth century, social reformers and politicians, alarmed by Mormon political control (and polygamy) in Utah Territory, challenged Mormon whiteness and their competency for American citizenship. In re-examining Mormonism’s transition period, this study reveals how Mormon conformity to an encroaching American culture increased the movement’s exposure to discursive arguments on race-mixing, marriage, and eugenics that helped legitimize Mormon citizenship claims. Focusing on the themes of race, marriage, and citizenship, this thesis examines Mormonism’s racial transformation from not white to white as they assimilated and reified the racial ideology promoted by their Progressive-era contemporaries and …

Differences In Pornography Use Among Couples: Associations With Satisfaction, Stability, And Relationship Processes, Brian J. Willoughby, Jason S. Carroll, Dean M. Busby, Cameron C. Brown

Faculty Publications

The present study utilized a sample of 1755 adult couples in heterosexual romantic relationships to examine how different patterns of pornography use between romantic partners may be associated with relationship outcomes. While pornography use has been generally associated with some negative and some positive couple outcomes, no study has yet explored how differences between partners may uniquely be associated with relationship well-being. Results suggested that greater discrepancies between partners in pornography use were related to less relationship satisfaction, less stability, less positive communication, and more relational aggression. Mediation analyses suggested that greater pornography use discrepancies were primarily associated with elevated …

Why The State Cannot “Abolish Marriage”: A Partial Defense Of Legal Marriage, Gregg P. Strauss

Indiana Law Journal

Does a liberal state have a legitimate interest in defining the terms of intimate relationships? Recently, several scholars have answered this question with a no and concluded that the state should abolish marriage, along with all other categories of intimate status. While politically infeasible, these proposals offer a powerful thought experiment. In this Article, I use this thought experiment to argue that the law cannot avoid relying on intimate-status norms and has legitimate reasons to retain an intimate status like marriage.

The argument has three parts. The primary lesson of the thought experiment is that the state cannot abolish intimate …

Child Marriage Legislation In The Asia-Pacific Region, Elisa Scolaro, Aleksandra Blagojevic, Brigitte Fillion, Venkatraman Chandra-Mouli, Lale Say, Joar Svanemyr, Marleen Temmerman

Obstetrics and Gynaecology, East Africa

Child marriage is a human rights violation that robs a girl of her childhood, puts her health, growth, and development at risk, disrupts her education, limits her opportunities for empowerment and social development, and increases her risk of exposure to violence and abuse (for a review of the evidence on the negative effects of child marriage on girls and their children, see Parsons et al. 2015, in this issue). While child marriage is not mentioned specifically in the 1989 Convention on the Rights of the Child (CRC), the Convention does contain a provision requiring governments to abolish “traditional practices prejudicial …

Marital Leisure Satisfaction: Investigating Comparative Skill Levels Within Marital Leisure Activities, Benjamin Dayley

Theses and Dissertations

The purpose of this study was to investigate if and how comparative skill levels within marital leisure activities relate to marital satisfaction, and if gender or activity type affects that relationship, and if Flow theory could help explain a potential correlation of these leisure activity contexts. Specifically, this study examined three different comparative skill differences and similarities of couples engaging in leisure activities in three different types of leisure activities as factors in marital leisure satisfaction and ultimately Satisfaction With Married Life (SWML). Their gender and the skill-gender interactions were also included in the analysis. This study followed up on …

God Loves Sex And Sexuality, Neal Deroo

Faculty Work Comprehensive List

"We have to be careful to not only say that sexuality is a gift from God, but to live and model that behavior."

Posting about a Christian perspective on sex from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/god-loves-sex-and-sexuality/

The Association Between Time Spent Using Entertainment Media And Marital Quality In A Contemporary Dyadic National Sample, Jeffrey P. Dew, Sarah Tulane

Faculty Publications

This study used the Actor Partner Interdependence Model and a national sample of married couples (N = 1368) to explore the relationship between entertainment media use and marital satisfaction, conflict, and perceived marital instability. Entertainment media-use included newer types of media (e.g., social networking websites) as well as traditional media (e.g., television). A number of negative relationships between media use and wives’ and husbands’ marital quality emerged. Husbands’ use of social networking websites, in particular, was associated with many of the marital quality variables. The effect sizes of media use were small, however. We also explored whether the relationship …

Shari'ah Law As National Security Threat?, Cyra Akila Choudhury

Akron Law Review

The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

All Faculty Scholarship

In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a …

A Marriage By Any Other Name: Why Civil Unions Should Receive Federal Recognition, Deborah A. Widiss, Andrew Koppelman

Indiana Journal of Law and Social Equality

The federal government now recognizes same-sex marriages as triggering rights and responsibilities under federal law. However, it still generally refuses to recognize alternative legal statuses—civil unions and domestic partnerships—that were created by states to serve as functional marriages. Even though all the states that created such alternative statuses now permit same-sex couples to marry, this misguided policy causes ongoing harms. Some same-sex couples who entered into alternative relationships when marriage was not an option may now lack the capacity to marry. Couples who have since married may also be hurt by the federal government’s refusal to recognize civil unions or …

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz

Indiana Journal of Law and Social Equality

Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then at some …

Nipe-Nikupe: A Multi-Level Perspective Of Gender And Hiv Prevention In Heterosexual Marriages In Kenya, Rose Anne N. Njiru

Doctoral Dissertations

Archival abstract submitted

Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez

Books

This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when …

Utah: A Case Study On The Road To Same-Sex Marriage, Jennifer Watson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Still Haunted: Tending To The Ghosts Of Marriage And Motherhood In White Feminist Critiques Of Beyoncé Knowles-Carter And Michelle Obama, Lucy R. Short

Tapestries: Interwoven voices of local and global identities

This chapter looks at the historical and current tensions between white feminism and Black feminism(s) through a lens of the sociological concept of haunting. With historical context, it examines the critiques of Beyoncé Knowles-Carter and Michelle Obama made by white feminists of the 21st century. It draws heavily on the work of Brittney Cooper, Avery Gordon, Ida B. Wells, Audre Lorde, Crunk Feminist Collective, The Combahee River Collective, and Roderick A. Ferguson. In identifying some of the ghosts that continue to haunt the national imagination of Black womanhood, and hinder white feminist critiques of Black feminists, it argues for the …