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Full-Text Articles in Law
Arkansas And The War Between The States: Civil Unions And Same Sex Marriage, Chauncey Brummer
Arkansas And The War Between The States: Civil Unions And Same Sex Marriage, Chauncey Brummer
Chauncey Brummer
The same-sex marriage debate raises issues of Federalism similar to those of the abolition of slavery during the American Civil War. Different policies between states regarding same-sex marriages have caused confusion over the validity of a couple’s union rights when traveling interstate. Arkansas not only bars same-sex marriage, but also constitutionally forbids any legal status between same-sex couples. The Full Faith and Credit Clause guarantees interstate recognition of state court cases, but not legislation. Any rights a couple may have under one state may not be treated similarly in others. Federal legislation that binds the states on social policy invites …
The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer
The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer
Chauncey Brummer
Covenant marriage laws have been defended as a way of strengthening marriage and decreasing divorce rates. However, these laws may actually work against the state’s interest by placing limitations on marriage. Arkansas’s Covenant Marriage Act of 2001 was based on similar statutes in Louisiana and Arizona. A philosophical analysis of the Arkansas act showcases problems that may arise from covenant marriage generally. Ultimately, covenant marriage does not prevent divorce but prolongs an irreconcilable marriage to the harm of its parties. State policies of marital stability may be better served by other premarital options that reinforce marriage’s contractual and religious significance.