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Full-Text Articles in Law
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
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
National Report: Uruguay , Walter Howard
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Turkey, Başak Başoğlu, Candan Yasan
National Report: Turkey, Başak Başoğlu, Candan Yasan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Switzerland, Annelot Peters
National Report: Switzerland, Annelot Peters
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Japan, Teiko Tamaki
National Report: Japan, Teiko Tamaki
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Ireland, Aisling Parkes
National Report: Ireland, Aisling Parkes
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Italy, Virginia Zambrano
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
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
National Report: Germany, Jens M. Scherpe
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: France, Hugues Fulchiron
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
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
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
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
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
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
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 …