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Full-Text Articles in Law
Is Japan Ready To Legalize Same-Sex Marriage?, Yuki Arai
Is Japan Ready To Legalize Same-Sex Marriage?, Yuki Arai
Cornell Law School LL.M. Student Research Papers
Marriage is one of the most significant stages in one’s life. For many decades, gays and lesbians have been excluded from the legal institution of marriage solely because of their sexual orientation. However, the situation concerning same-sex marriage has drastically changed in many societies including the U.S. in the past several years. This recent wave of the opening of same-sex marriage has yet to reach my home country, Japan. In Japanese society where no religion opposing to same-sex activity is influential, gays and lesbians have not been persecuted criminally or religiously, which caused the absence of gay and lesbian rights …
Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders
Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders
Articles by Maurer Faculty
No abstract provided.
The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian C. Bartrum
The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian C. Bartrum
Scholarly Works
When the Ninth Circuit handed down Witt v. Department of the Air Force, President Obama and then-Solicitor General Kagan declined to take an appeal to the Supreme Court. At the time, it seemed that most advocates of “Don’t Ask, Don’t Tell” believed that the administration made that decision because it was afraid the Supreme Court would reverse the Ninth Circuit. If that fear was perhaps well-founded in 2009, it is certainly less so now. In the wake of SmithKline Beecham Corp. v. Abbott Laboratories, as well as recent District Court decisions, opponents of federal constitutional protection for gay people …
Same-Sex Marriage, Federalism, And Judicial Supremacy, Robert F. Nagel
Same-Sex Marriage, Federalism, And Judicial Supremacy, Robert F. Nagel
Publications
Justice Kennedy's opinion in United States v. Windsor is characterized by a number of strained and wavering constitutional claims. Prominent among these is the argument that the principle of federalism calls into question the congressional decision to adopt the traditional definition of marriage, which the state of New York rejected. An examination of earlier federalism cases demonstrates that Kennedy's appreciation for federalism is in fact severely limited and suggests and that his lax use of legal authority is directly if perversely related to this limited appreciation.
Federalism cases prior to Windsor show that Justice Kennedy supports state authority only when …
Deprivative Recognition, Erez Aloni
Deprivative Recognition, Erez Aloni
All Faculty Publications
Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried partners — a reality whose impact on policy concerning regulation of nonmarital unions has not been explored. As this Article shows, a significant number of people benefit financially from nonrecognition of their relationships. While in most cases the state turns a blind eye to this financial gain, …
Civil Rights 3.0, Nan D. Hunter
Civil Rights 3.0, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
It is now commonplace to hear the LGBT rights movement being described as the last, or the next, or today’s, pre-eminent civil rights issue. This chapter will explore what that means from several perspectives: What does the label tell us about the civil rights paradigm itself? If the achievement of marriage equality is the great civil rights achievement of this generation, what does that suggest about a future for equality more generally? How have new forms of, and technologies for, movement building affected the idea and practice of civil rights? Does the civil rights paradigm have a future? I focus …