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Articles 1 - 11 of 11
Full-Text Articles in Law
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.
Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, And Recognition, Kerry Abrams
Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, And Recognition, Kerry Abrams
Faculty Scholarship
No abstract provided.
Resolving Interstate Conflicts Over Same-Sex Non-Marriage, Hillel Y. Levin
Resolving Interstate Conflicts Over Same-Sex Non-Marriage, Hillel Y. Levin
Scholarly Works
States have adopted several different regimes of recognition for same-sex couples. A few states allow same-sex couples to marry; several others offer marriage-like partnerships (usually called civil unions), which provide all or nearly all of the substantive rights and responsibilities associated with marriage; still others offer marriage-lite partnerships (sometimes called reciprocal benefits arrangements), which provide a small subset of the rights and responsibilities associated with marriage; and, of course, others offer no recognition at all.
What happens when these regimes of recognition collide? For example, what happens when a couple marries in Massachusetts and then moves to a marriage-like state, …
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.
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.
No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent
No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent
Faculty Publications
The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.
Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens
Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens
Faculty Scholarship
Debates about marriage currently capture much public attention. Scholars have pushed beyond the question of whether gays are worthy of marriage to ask whether marriage is worthy of gays. The present moment of questioning marriage in its current form may be brief Thus, we should take this opportunity to imagine the widest possible range of alternatives to our current marriage regime – what I call countermarriage regimes. This Essay draws on two unlikely sources of legal innovation to expand our thinking about marriage alternatives: literature and anti-gay law. Literature offers an array of countermarriage regimes, including exploding marriage, three-strikes marriage, …