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Sexuality and the Law

Series

2015

Institution
Keyword
Publication

Articles 1 - 30 of 109

Full-Text Articles in Law

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer Dec 2015

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

Popular Media

No abstract provided.


Adopting The Gay Family, Cynthia Godsoe Dec 2015

Adopting The Gay Family, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association Dec 2015

Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association

Articles

These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …


Sexual Minority Stigma And System Justification Theory: How Changing The Status Quo Impacts Marriage And Housing Equality, Jordan A. Blenner Nov 2015

Sexual Minority Stigma And System Justification Theory: How Changing The Status Quo Impacts Marriage And Housing Equality, Jordan A. Blenner

Department of Psychology: Dissertations, Theses, and Student Research

Sexual minorities (i.e. lesbians and gay men) experience systemic discrimination throughout the United States. Prior to the Supreme Court ruling in Obergefell v. Hodges (2015), in many states, same-sex couples could not marry and sexual minorities were not protected from sexual orientation housing discrimination (Human Rights Campaign, 2015). The current, two-experiment study applied Jost and Banaji’s (1994) System Justification Theory to marriage and housing discrimination. When sexual minorities question dissimilar treatment, thereby threatening the status quo, members of the heterosexual majority rationalize sexual minority discrimination to maintain their dominant status (Alexander, 2001; Brescoll, Uhlmann, & Newman, 2013; Citizens for Equal …


April Miller Et Al. Vs. Kim Davis (Date Filled November 13, 2015), United States District Court For The Eastern District Of Kentucky Nov 2015

April Miller Et Al. Vs. Kim Davis (Date Filled November 13, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, PH.D., et al. PLAINTIFFS v. KIM DAVIS, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS ROWAN COUNTY CLERK, et al. DEFENDANTS and RESPONSE OF THIRD-PARTY DEFENDANTS TO PLAINTIFFS’ MOTION TO ENFORCE SEPTEMBER 3 AND SEPTEMBER 8 ORDERS KIM DAVIS THIRD-PARTY PLAINTIFF v. STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, et al. THIRD-PARTY DEFENDANTS


April Miller Et Al. Vs. Kim Davis (Date Filled November 9, 2015), United States Court Of Appeals For The Sixth Circuit Nov 2015

April Miller Et Al. Vs. Kim Davis (Date Filled November 9, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, PH.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; AND BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, INDIVIDUALLY, Defendant-Third-Party Plaintiff-Appellant, and STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, AND WAYNE ONKST, IN HIS OFFICIAL CAPACITY AS STATE LIBRARIAN AND COMMISSIONER, KENTUCKY DEPARTMENT FOR LIBRARIES AND ARCHIVES, Third-Party Defendants-Appellees. ON APPEAL FROM U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, CIVIL ACTION NO. 15-CV-00044, HON. DAVID L. BUNNING BRIEF FOR AMICUS CURIAE EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND IN SUPPORT OF APPELLANT IN SUPPORT OF REVERSAL


Marriage Equality And The New Maternalism, Cynthia Godsoe Nov 2015

Marriage Equality And The New Maternalism, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill Nov 2015

The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill

Scholarly Publications

Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the …


Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri Nov 2015

Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri

All Faculty Scholarship

In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …


Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis Nov 2015

Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis

Articles

Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …


Interpreting Liberty And Equality Through The Lens Of Marriage, Nan D. Hunter Nov 2015

Interpreting Liberty And Equality Through The Lens Of Marriage, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this essay, I argue that marriage, as described and prescribed in Obergefell v. Hodges, functions as a lens that distorts the principles of liberty and equality upon which the opinion is based. The Supreme Court’s language is saturated with paeans to marriage, to the degree that the opinion seems to suggest that the moral worthiness of same-sex couples who wish to marry provides the ultimate justification for recognizing a constitutional right. The conceptual fulcrum in this analysis is dignity, which other courts have interpreted as an intrinsic human right that extends to a pluralism of family forms, but …


Beyond Marriage Equality Symposium, Roger Williams University School Of Law Oct 2015

Beyond Marriage Equality Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica Oct 2015

Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica

Law School Blogs

No abstract provided.


Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law Oct 2015

Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Jennifer Reis, Robert Sammons Oct 2015

Jennifer Reis, Robert Sammons

Audio & Video History Collection

No abstract provided.


Kim Davis Part 1, Robert Sammons Oct 2015

Kim Davis Part 1, Robert Sammons

Audio & Video History Collection

No abstract provided.


Melinda Andrews, Robert Sammons Oct 2015

Melinda Andrews, Robert Sammons

Audio & Video History Collection

No abstract provided.


Mary Hargis, Robert Sammons Oct 2015

Mary Hargis, Robert Sammons

Audio & Video History Collection

No abstract provided.


Michael Biel, Robert Sammons Oct 2015

Michael Biel, Robert Sammons

Audio & Video History Collection

No abstract provided.


Bernadette Barton, Robert Sammons Oct 2015

Bernadette Barton, Robert Sammons

Audio & Video History Collection

No abstract provided.


Carmen Wampler-Collins, Robert Sammons Oct 2015

Carmen Wampler-Collins, Robert Sammons

Audio & Video History Collection

No abstract provided.


Carla Rucker, Robert Sammons Oct 2015

Carla Rucker, Robert Sammons

Audio & Video History Collection

No abstract provided.


David Bryant, Robert Sammons Oct 2015

David Bryant, Robert Sammons

Audio & Video History Collection

No abstract provided.


Julie Sloan, Robert Sammons Oct 2015

Julie Sloan, Robert Sammons

Audio & Video History Collection

No abstract provided.


Kim Davis Part 2, Robert Sammons Oct 2015

Kim Davis Part 2, Robert Sammons

Audio & Video History Collection

No abstract provided.


Suzanne Tallichet, Robert Sammons Oct 2015

Suzanne Tallichet, Robert Sammons

Audio & Video History Collection

No abstract provided.


Robyn Cline, Robert Sammons Oct 2015

Robyn Cline, Robert Sammons

Audio & Video History Collection

No abstract provided.


Toni Hobbs, Robert Sammons Oct 2015

Toni Hobbs, Robert Sammons

Audio & Video History Collection

No abstract provided.


Human Trafficking: Statute Comparisons And Attitudes In Nebraska, Katie Sheets Oct 2015

Human Trafficking: Statute Comparisons And Attitudes In Nebraska, Katie Sheets

Seventh Annual Interdisciplinary Conference on Human Trafficking (2015)

Human trafficking has become an issue for global concern. Here in the United States, the Federal government and all fifty states are taking steps to combat the pervasive problem. This study looks at the anti-human trafficking statutes of all fifty states and compares them with each other to see how each state stacks up against the other. Nebraska was the focus of the study as the unicameral has recently been enacting changes to the state’s laws against human trafficking. Nebraska was expected to at least be with the majority of states with their human trafficking provisions. The study then looked …


April Miller Et Al. Vs. Kim Davis (Date Filled September 2, 2015), United States District Court For The Eastern District Of Kentucky Sep 2015

April Miller Et Al. Vs. Kim Davis (Date Filled September 2, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants

DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.