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Full-Text Articles in Law

Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman Jan 1998

Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Reconstructing Marriage: An Intersexional Approach, Martha M. Ertman Jan 1998

Reconstructing Marriage: An Intersexional Approach, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers Jan 1998

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …


The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig Jan 1998

The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig

Journal Articles

In the twenty years following Loving, the Supreme Court decided a number of cases dealing with the family. Although the Court reasoned that it was protecting marriage and extending such protection to other forms of families, the perverse effect of these decisions was to weaken the most traditional family type of all, the nuclear family. Adults, and particularly pregnant women and unwed fathers, triumphed in this move towards autonomy and rights. The vanquished included those who depended upon the family for love and sustenance: minor children, elderly adults, and longtime homemakers.

This paper discusses these cases from a family law …