Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
Treaty Interpretation Of The Right To Life Before Birth By Latin American And Caribbean States: An Analysis Of International Treaty Obligations, Regional Agreements And Relevant State Practice, Ligia M. De Jesus
Ligia M. De Jesus
Even though non-judicial international human rights bodies routinely promote the understanding that the Convention on the Rights of the Child and the American Convention on Human Rights mandate the legalization of abortion, states parties have authoritatively interpreted their treaty obligations otherwise. This article examines, in particular, evidence of Latin American and Caribbean states’ interpretation of these treaties as recognizing and protecting the unborn child’s right to life and health in a comprehensive manner, as well as evidence of their rejection of abortion rights in international fora. Section II discusses international treaties ratified by Latin American and Caribbean states that explicitly …