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Articles 31 - 60 of 71
Full-Text Articles in Law
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 …
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Plural Marriage And Community Property Law, Diane J. Klein
Plural Marriage And Community Property Law, Diane J. Klein
Golden Gate University Law Review
Plural marriage makes strange bedfellows. Fundamentalist Mormons, polyamorous/ polyfidelitous sex radicals, and some feminists and proponents of same-sex marriage (including this author), share the view that freedom of intimate association under the United States Constitution, properly understood, must extend beyond the right to marry exactly one person of the opposite gender from oneself. But while it is one thing to endorse marriage freedom, as a matter of principle, it is quite another actually to implement it in law. If people could simultaneously have more than one spouse, the lawyer must ask, how would things actually work, from a marital property …
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why “Same” Is So Different?, Macarena Saez
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why “Same” Is So Different?, Macarena Saez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson
Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson
American Indian Law Review
No abstract provided.
National Report: Belgium, Frederik Swennen, Yves-Henri Leleu
National Report: Belgium, Frederik Swennen, Yves-Henri Leleu
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil
Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks
Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks
Golden Gate University Law Review
This article offers a method of providing custody and visitation rights to individuals formerly involved in nontraditional relationships who function as children's parents but who lack the legal status of parent. The article considers a broad range of nontraditional families, including stepparents, same-sex partners, and unmarried heterosexuals. The article begins with a summary of California statutory law. The author examines how "parent" is defined and the limitations imposed on those falling outside that definition when they seek to assert rights to child custody and visitation. Next, the article focuses on three types of nontraditional relationships to illustrate how California courts …
Baehr V. Lewin: Hawaii Takes A Tentative Step To Legalize Same-Sex Marriage, Marty K. Courson
Baehr V. Lewin: Hawaii Takes A Tentative Step To Legalize Same-Sex Marriage, Marty K. Courson
Golden Gate University Law Review
In Baehr v. Lewin, the Supreme Court of Hawaii sparked a controversy that has potential nationwide implications. The court held that three same-sex couples were entitled to an evidentiary hearing to determine if the State can demonstrate that denying the couples the right to marry under the Hawaii Marriage Law furthers compelling state interests. If the State fails its burden, it can no longer refuse marriage licenses to couples merely on the basis that they are of the same sex. Should this occur, gay marriages will become legal in Hawaii.
Marital Naming/Naming Marriage: Language And Status In Family Law, Suzanne A. Kim
Marital Naming/Naming Marriage: Language And Status In Family Law, Suzanne A. Kim
Indiana Law Journal
What's in a name? Based on current family law and policy debates, the answer would seem to be: a whole lot. Today's discussion of legal prohibitions of same-sex marriage abounds with the assumption that language, in the form of names and labels, is deeply meaningful from a status perspective. Missing from this debate, however, is a careful examination of the role that names and labels play in the construction of the status category of marriage. This Article fills this gap in family law scholarship by providing an explicit account of how language plays a critical role in reflecting and reinforcing …
Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz
Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz
Washington and Lee Law Review
This Article addresses the regulation of the relationships between unmarried cohabitants. It challenges the conventional divide between conservative and liberal approaches. On one hand, moral condemnation of nonmarital conjugal relationships and public policy in favor of marriage lead conservatives to reject the application of marriage Law to cohabitating partners. On the other hand, based on principles such as freedom, tolerance, and equality, liberals tend to equate the mutual legal commitments of cohabitants with those ofmarriedpartners. I break with conventional analysis by offering a novel liberal model that separates between the mutual obligations of cohabitants and married partners. The proposed model …
At A Cross-Road: Anti-Same-Sex Marriage Policies And Principles Of Equity: The Effect Of Same-Sex Cohabitation On Alimony Payments To An Ex-Spouse, Jill Bornstein
Chicago-Kent Law Review
In the wake of anti-gay marriage policies in the United States, courts and state legislature alike are struggling to reconcile these policies with well-established principles of equity in the law. This note examines states' anti-same-sex marriage policies as they relate to the states' respective policies regarding alimony termination. Generally, upon divorce, the dependent spouse from a dissolving marriage will receive alimony payments from the independent spouse until the death or remarriage of the dependent spouse. Many states have expanded the definition of "remarriage" to include a dependent spouse's cohabitation with another individual in a financially interdependent, conjugal relationship. Terminating alimony …
At A Crossroads: Bringing Minnesota's Same-Sex Couples Into The Law, Phil Duran
At A Crossroads: Bringing Minnesota's Same-Sex Couples Into The Law, Phil Duran
Journal of Law and Practice
No abstract provided.
Same-Sex Marriage And The Establishment Clause, Geoffrey R. Stone
Same-Sex Marriage And The Establishment Clause, Geoffrey R. Stone
Villanova Law Review
No abstract provided.
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
Washington and Lee Law Review
The Internal Revenue Code (the Code) contains numerous special rules applicable to the income taxation of persons related by marriage, birth, adoption, or ownership. This Article suggests a new approach to their analysis. Many basic tax rules assume that taxpayers are self-interested and unaffiliated. Where this assumption is incorrect, the Code makes adjustments to its otherwise applicable rules. Most of the resulting related-party antiavoidance rules apply only in the context of specified formal relationships-marriage, parent/child, or owner/business. The Article tests this thesis by comparing the income tax treatment of heterosexual married couples with that of gay couples in committed long-term …
The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek
The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek
Michigan Journal of Gender & Law
The broad differences between the United States and Canadian cases raise important questions about the social, political and legal factors that have promoted the extension of marriage rights in Canada while retarding similar efforts in the U.S. This article will compare the recent history of same-sex marriage laws in the United States and Canada. We argue that proponents of same-sex marriage as well as lawmakers could learn important lessons from the recent legalization of same-sex marriage in Canada. Section II develops a framework for comparing the U.S. and Canadian experience with same-sex marriage law. The next section traces Canada's recent …
Family And Juvenile Law, Lynne Marie Kohn
Family And Juvenile Law, Lynne Marie Kohn
University of Richmond Law Review
No abstract provided.
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
Washington and Lee Law Review
No abstract provided.
The Irrationality Of A Rational Basis: Denying Benefits To The Children Of Same-Sex Couples , Sam Castic
The Irrationality Of A Rational Basis: Denying Benefits To The Children Of Same-Sex Couples , Sam Castic
The Modern American
No abstract provided.
Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson
Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson
The University of New Hampshire Law Review
[Excerpt] “The family and parental relationship appears secure as long as the members of the family stay within the borders of the states that recognize their relationship. What happens, though, when the family ventures beyond the borders of Vermont, Massachusetts, California, and Connecticut, has yet to be determined. Legislation in almost every other state has addressed whether each state will recognize the couples’ relationship,27 but no state has determined how it will treat the legal relationship between the children of these couples and their parents.28 This article will focus on the fragile legal relationship between same-sex parents and their children …