Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo
Journal of the National Association of Administrative Law Judiciary
This note discusses the history of the lesbian, gay, bisexual, and transgender (LGBT) struggle for equal rights alongside the Supreme Court's recent ruling in Obergefell v. Hodges and uses this to examine the potential effect on the rights granted to same-sex spouses by the Family Medical Leave Act (FMLA). Part II records the jurisprudence that has slowly evolved over the past forty to fifty years to make the present a more hospitable era for same-sex marriage to take root today. Part III gives a general overview of the FMLA's history and current form. Part IV reviews the facts prompting the …
Equal Protection, Same-Sex Marriage, And Classifying On The Basis Of Sex, Mark Strasser
Equal Protection, Same-Sex Marriage, And Classifying On The Basis Of Sex, Mark Strasser
Pepperdine Law Review
This article reviews several state court analyses of whether same-sex marriage bans violate the equal protection guarantees afforded by the respective state constitutions. The article discusses the lack of uniformity not only with respect to the result but with respect to the kind of classification that is implicated in such bans. The article concludes that unless the Supreme Court corrects some of the misunderstandings regarding the proper application of equal protection guarantees, that jurisprudence will either become even more confused or, perhaps, will coalesce around a doctrine that has been rejected for almost half a century.
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Pepperdine Law Review
No abstract provided.