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Full-Text Articles in Law
From Right To Wrong: A Critique Of The 2000 Uniform Parentage Act, Mary P. Byrn
From Right To Wrong: A Critique Of The 2000 Uniform Parentage Act, Mary P. Byrn
Faculty Scholarship
In 1973, the National Conference of Commissioners on Uniform State Laws (the Conference) proposed a Uniform Parentage Act (UPA) that radically changed how parentage was determined in the United States. Prior to 1973, the parentage laws of most states failed to identify two legal parents for thousands of children merely because their parents were not married. These "illegitimate" children were considered a "child of no one" under the law and were denied the significant emotional, financial, and legal benefits of having two legal parents. By the early 1970s, however, the conference recognized that such treatment of children was becoming scientifically, …
How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer
How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer
Faculty Scholarship
The proposed marriage discrimination amendment to the Minnesota Constitution is profoundly anti-democratic. It is extremely wide-ranging in its scope, it obliterates the opportunity of the LGBT community to legislatively advance its interests in the area, it falsely assumes characteristics of the state judiciary that do not in fact exist, and it is drafted with language that is particularly hostile to LGBT concerns and democracy in general. It was a triumph for reason and democracy that this amendment was defeated in 2006. It should never be introduced again. In the unfortunate event that it is introduced again, it should be resoundingly …