Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Same-sex marriage (2)
- Antiessentialism (1)
- Antisubordination (1)
- Baker v. Nelson (1)
- Birth certificates (1)
-
- Citizenship (1)
- Civil rights (1)
- Crimmigration (1)
- Equal protection (1)
- Gay liberation (1)
- Gay marriage (1)
- Gay rights (1)
- Immigration (1)
- Jones v. Hallahan (1)
- LGBT (1)
- LatCrit (1)
- Law and economics (1)
- Legal education (1)
- Legal profession (1)
- Marriage (1)
- Noncitizens (1)
- Obergefell (1)
- OutCrit (1)
- Outsider jurisprudence (1)
- Praxis (1)
- Public interest law (1)
- Singer v. Hara (1)
- Social justice (1)
- Stonewall (1)
- Substantive due process (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena D. Mutua, Francisco Valdes
Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena D. Mutua, Francisco Valdes
Journal Articles
This article marks the twentieth anniversary of Latina and Latino Critical Legal Theory or the LatCrit organization, an association of diverse scholars committed to the production of knowledge from the perspective of Outsider or OutCrit jurisprudence. The article first reflects on the historical development of LatCrit’s substantive, methodological, and institutional commitments and practices. It argues that these traditions were shaped not only by its members’ goals and commitments but also by the politics of backlash present at its birth in the form of the “cultural wars,” and which have since morphed into perpetual “crises” grounded in neoliberal policies. With this …
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Journal Articles
The state of Texas denies birth certificates to children born in the United States — and thus citizens under the Fourteenth Amendment — if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Court’s due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This short essay builds upon my earlier analysis by examining Obergefell v. Hodge’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I …
Glorious Precedents: When Gay Marriage Was Radical, Michael Boucai
Glorious Precedents: When Gay Marriage Was Radical, Michael Boucai
Journal Articles
In the years immediately following the Stonewall riots of June 1969, a period when “gay liberation” rather than “gay rights” described the ambitions of a movement, three marriage cases made their way to and beyond trial: Baker v. Nelson in Minnesota, Jones v. Hallahan in Kentucky, and Singer v. Hara in Washington State. This article offers a detailed account of that early trilogy. Drawing on extensive archival research and on interviews with key players in each case, it shows that, contrary to received wisdom, Stonewall-era marriage litigation was faithful to gay liberation’s radical aspirations. The Baker, Jones, and Singer lawsuits …