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Fear Of Love And Loving In India, Sarasu Esther Thomas Apr 2024

Fear Of Love And Loving In India, Sarasu Esther Thomas

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Excerpt:

It is unthinkable that marriages and live-in relationships between adults should become so regimented by the State. This is a violation of constitutional and human rights to have adult agency appropriated by the state and non-state actors. This insidious creeping of the paternalistic State into romantic and intimate relationships of consenting adults does not show any signs of ebbing. It reflects increased polarisation and merges moral policing with the law.


Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas Feb 2024

Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas

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On 7 February 2024, the Uttarakhand Assembly passed the Uniform Civil Code (UCC) Bill. In this article, Prof. (Dr.) Sarasu Esther Thomas unpacks its provisions along with their legal and social implications.


A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer Jun 2021

A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer

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Elizabeth Bartholet, Morris Wasserstein Public Interest Professor and Faculty Director of the Child Advocacy Program (CAP), and James Dwyer, the Arthur B. Hanson Professor of Law at William & Mary Law School, were interviewed by Harvard Law Today about their virtual conference titled, Homeschool Summit: Problems, Politics, and Prospects for Reform. The June event was attended by leaders in education and child welfare policy, legislators and legislative staff, academics and policy advocates, medical professionals, homeschooling alumni, and others, to discuss children’s rights in connection with homeschooling in the United States.


In Deciding Fulton V. Philadelphia, The Supreme Court Should Remember That Foster Care Is For The Children, James Dwyer May 2021

In Deciding Fulton V. Philadelphia, The Supreme Court Should Remember That Foster Care Is For The Children, James Dwyer

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No abstract provided.


Athens News Matters: Cyber Abuse And Intimate Partner Violence, Thomas E. Kadri Mar 2021

Athens News Matters: Cyber Abuse And Intimate Partner Violence, Thomas E. Kadri

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No abstract provided.


Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer Nov 2018

Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer

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No abstract provided.


Which Side Are You On?, James G. Dwyer Nov 2018

Which Side Are You On?, James G. Dwyer

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No abstract provided.


A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer Dec 2015

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

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No abstract provided.


Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer Apr 2015

Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer

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No abstract provided.


Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick Oct 2014

Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick

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The Supreme Court’s decision Monday (Oct. 5, 2014) to decline the appeals of decisions striking down same-sex marriage bans in five states was, to most court-watchers, a huge surprise. It was also a deeply strange move given the magnitude of the constitutional issue and the general confusion about what a non-decision actually means. While Monday’s denial of certiorari was not technically a decision on the merits, most supporters of same-sex marriage celebrated the move as part of the justices’ inexorable crawl toward marriage equality. And in Virginia, Oklahoma, Colorado, and other affected states, gay couples who have waited—in many cases …


The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer Feb 2014

The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer

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No abstract provided.


Texas Hold ’Em - The State Refuses To Allow Same-Sex Couples Married Elsewhere To Get Divorced. Is This The Next Constitutional Showdown Over Marriage Equality?, Sonja R. West, Dahlia Lithwick Sep 2013

Texas Hold ’Em - The State Refuses To Allow Same-Sex Couples Married Elsewhere To Get Divorced. Is This The Next Constitutional Showdown Over Marriage Equality?, Sonja R. West, Dahlia Lithwick

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The court papers don’t tell us all that much about what happened between the couple described only as “J.B.” and “H.B.” We can assume there once was love and then, at some point, there wasn’t. Their parting, we’re told, was amicable. The problem is that J.B. and H.B. are both men. The other problem is that they live in Texas. The two were married in Massachusetts in 2006, where same-sex marriage has been legal since 2004. They later moved to Texas, and now want to get divorced. Texas, however, won’t let them. And they cannot get divorced in Massachusetts either, …


What Is Anthony Kennedy Thinking?, Sonja R. West Jun 2013

What Is Anthony Kennedy Thinking?, Sonja R. West

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Supreme Court watchers have long made a national sport out of parsing Justice Anthony Kennedy’s every word. From issues as diverse as the death penalty, terrorism, and gay rights, Kennedy has been the only conservative justice to vote with the court’s more liberal wing. It’s not surprising, therefore, that as we wait for the court’s decision on same-sex marriage bans, the search for clues to Kennedy’s thinking has shifted into high gear.

In March, during the oral argument about California’s same-sex marriage ban, Kennedy said that he was “trying to wrestle” with a “difficult question” about the constitutionality of same-sex …


Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman Feb 2013

Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman

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No abstract provided.


Why We Should Raise The Marriage Age, Vivian E. Hamilton Jan 2013

Why We Should Raise The Marriage Age, Vivian E. Hamilton

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No abstract provided.


Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove Dec 2012

Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove

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No abstract provided.


Why Obama’S Words Didn’T Go Far Enough, Sonja R. West, Dahlia Lithwick May 2012

Why Obama’S Words Didn’T Go Far Enough, Sonja R. West, Dahlia Lithwick

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When President Obama announced his support of same-sex marriage, he talked broadly about “equality” and “fairness.” He spoke of “opposing discrimination against gays and lesbians” and making sure that nobody is treated as “less than full citizens when it comes to their legal rights.” It was a powerful moment—historic and emotional. In the Aaron Sorkin version, the orchestra would have soared at this point as the supporting cast members exchanged teary-eyed yet knowing nods.

But then President Obama described how these rights should be protected and the music stopped with a squawk. Same-sex marriage, he said, is not in fact …


Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman Jul 2011

Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman

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No abstract provided.


Nebraska Safe Haven Snafu, Revisited, Aaron-Andrew P. Bruhl Feb 2010

Nebraska Safe Haven Snafu, Revisited, Aaron-Andrew P. Bruhl

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No abstract provided.


Bigotry Always Has Its Reasons, Donald E. Wilkes Jr. May 2004

Bigotry Always Has Its Reasons, Donald E. Wilkes Jr.

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The gay marriage issue (or same-sex marriage issue) is, like other gay rights issues, a civil rights issue. A civil rights issue exists when the state unfairly or unjustifiably denies an individual or group a right which it grants to other individuals or groups. The gay marriage issue is whether the state may use its authority to bar same-sex couples from doing what different-sex couples may do–get married. Once the issue is correctly framed, there can be no doubt how it should be resolved. Persons of the same sex (whether heterosexual or homosexual) should have the same right to marry …


Virginia Family Law: The Effect Of The General Assembly's 1975 Revisions, Dulcey B. Fowler Jul 1975

Virginia Family Law: The Effect Of The General Assembly's 1975 Revisions, Dulcey B. Fowler

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No abstract provided.