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Full-Text Articles in Law

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien Oct 2012

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien

University of Arkansas at Little Rock Law Review

Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.

For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …


National Report: Uruguay , Walter Howard Apr 2012

National Report: Uruguay , Walter Howard

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Turkey, Başak Başoğlu, Candan Yasan Apr 2012

National Report: Turkey, Başak Başoğlu, Candan Yasan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Switzerland, Annelot Peters Apr 2012

National Report: Switzerland, Annelot Peters

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Japan, Teiko Tamaki Apr 2012

National Report: Japan, Teiko Tamaki

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Ireland, Aisling Parkes Apr 2012

National Report: Ireland, Aisling Parkes

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Italy, Virginia Zambrano Apr 2012

National Report: Italy, Virginia Zambrano

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Hungary, Zsolt Körtvélyesi, András L. Pap Apr 2012

National Report: Hungary, Zsolt Körtvélyesi, András L. Pap

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Germany, Jens M. Scherpe Apr 2012

National Report: Germany, Jens M. Scherpe

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: France, Hugues Fulchiron Apr 2012

National Report: France, Hugues Fulchiron

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg Apr 2012

National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Colombia, Universidad De Los Andes Public Interest Law Group Apr 2012

National Report: Colombia, Universidad De Los Andes Public Interest Law Group

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Exposing The Traditional Marriage Agenda, Jessica Feinberg Apr 2012

Exposing The Traditional Marriage Agenda, Jessica Feinberg

Northwestern Journal of Law & Social Policy

The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …


Creating The Perfect Case: The Constitutionality Of Retroactive Application Of The Domestic Partner Rights And Responsibilities Act Of 2003, Ryan M. Deam Mar 2012

Creating The Perfect Case: The Constitutionality Of Retroactive Application Of The Domestic Partner Rights And Responsibilities Act Of 2003, Ryan M. Deam

Pepperdine Law Review

No abstract provided.


Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro Jan 2012

Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro

Pepperdine Law Review

No abstract provided.


I Do. Is That Okay With You?: A Look At How Most States Are Circumventing The Full Faith And Credit Clause And Equal Protection Clause To Not Recognize Legal Same-Sex Marriages From Other States And Its Effect On Society, Rebecca Hameroff Jan 2012

I Do. Is That Okay With You?: A Look At How Most States Are Circumventing The Full Faith And Credit Clause And Equal Protection Clause To Not Recognize Legal Same-Sex Marriages From Other States And Its Effect On Society, Rebecca Hameroff

Florida A & M University Law Review

Due to statutes, bans, and the Federal Defense of Marriage Act, states do not have to recognize legal same-sex marriages from sister states that recognize same-sex marriage. This paper examines the denial of the fundamental right to marriage for same-sex couples, the violation of the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by not recognizing same-sex marriages legally performed in other states. It starts by looking at the impact these practices have on same-sex couples and the toll it …