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Family Law

Maurer School of Law: Indiana University

2014

United States v. Windsor

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Full-Text Articles in Law

Introduction: Invited Essays On The Implications Of Windsor And Perry Jan 2014

Introduction: Invited Essays On The Implications Of Windsor And Perry

Indiana Law Journal

No abstract provided.

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Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott Jan 2014

Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott

Indiana Law Journal

Essays on the Implications of Windsor and Perry

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Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders Jan 2014

Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders

Indiana Law Journal

Essays on the Implications of Windsor and Perry

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Leveling Up After Doma, Deborah A. Widiss Jan 2014

Leveling Up After Doma, Deborah A. Widiss

Indiana Law Journal

Essays on the Implication of Windsor and Perry

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Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders Jan 2014

Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders

Articles by Maurer Faculty

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Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle Jan 2014

Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle

Indiana Law Journal

In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …

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