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Full-Text Articles in Law

International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson Jan 2010

International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.


Arkansas And The War Between The States: Civil Unions And Same Sex Marriage, Chauncey Brummer Jan 2009

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 …