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Same-Sex Spouses Lost In Translation? How To Interpret “Spouse” In The E.U. Family Migration Directives, Scott Titshaw
Same-Sex Spouses Lost In Translation? How To Interpret “Spouse” In The E.U. Family Migration Directives, Scott Titshaw
Articles
This Article analyzes the word “spouse” in the European Union’s Family Migration Directives in detail, focusing on the treatment of married bi-national same-sex couples. Through these directives, the European Union exercises significant authority over family-based immigration and internal migration, expressly providing immigration rights to the “spouses” of E.U. citizens and legal residents. However, family law, including the familial status of “spouses” is governed by individual E.U. member states. While a growing number of member states authorize same-sex marriage, the majority still do not. The E.U., therefore, must determine how to treat migrating couples who are legal spouses in one member …
Fundamental Rights In A Post-Obergefell World, Peter Nicolas
Fundamental Rights In A Post-Obergefell World, Peter Nicolas
Articles
In this Article, I identify and critically examine three substantive criticisms raised by the dissents in the Supreme Court's 2015 decision in Obergefell v. Hodges, which struck down state laws and constitutional provisions barring same-sex couples from marrying within the state or having their out-of-state marriages recognized by the state. First, that the majority improperly framed the right at issue broadly as the right to marriage instead of narrowly as the right to same-sex marriage, conflicting with the Court's holding in Washington v. Glucksberg that in fundamental rights cases the right at issue must be framed narrowly, and in …