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Full-Text Articles in Law
On Marriage Equality And Transformation Through Preservation, Courtney Cahill
On Marriage Equality And Transformation Through Preservation, Courtney Cahill
Scholarly Publications
No abstract provided.
Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, Jill C. Engle
Journal Articles
“The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.” -- Obergefell v. Hodges, 135 S. Ct. 2584, …
The Return Of Coverture, Allison Anna Tait
The Return Of Coverture, Allison Anna Tait
Law Faculty Publications
Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that marriage has become an increasingly equitable institution. This is the story that Justice Kennedy told in Obergefell v. Hodges, in which he described marriage as an evolving institution that has adapted in response to social change such that discriminatory marriage rules no longer apply. Coverture exemplifies this change: marriage used to be deeply shaped by coverture rules and now it is not. While celebrating the demise of coverture, however, the …
Is Gay The New Asian?: Marriage Equality And The Dawn Of A New Model Minority, Stewart Chang
Is Gay The New Asian?: Marriage Equality And The Dawn Of A New Model Minority, Stewart Chang
Scholarly Works
In this Article, Professor Chang analyzes the historic role of family in the politics of exclusion in the United States, evaluates the ways in which the stereotyping of Asian Americans as a model minority has perpetuated these politics, and warns against the possibility of a similar fate for gay and lesbian Americans. As a model minority, Asian Americans have been set as a standard against which other minority groups, particularly African Americans, are measured. Around the same time Asians were being extolled for their hard work and family values, Congress released the Moynihan report on the problem of broken families …