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Indiana Law Journal

Family Law

Same-sex marriage

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie Jul 2017

Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie

Indiana Law Journal

According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social history, all in an …


Introduction: Invited Essays On The Implications Of Windsor And Perry Jan 2014

Introduction: Invited Essays On The Implications Of Windsor And Perry

Indiana Law Journal

No abstract provided.


Leveling Up After Doma, Deborah A. Widiss Jan 2014

Leveling Up After Doma, Deborah A. Widiss

Indiana Law Journal

Essays on the Implication of Windsor and Perry


Marital Naming/Naming Marriage: Language And Status In Family Law, Suzanne A. Kim Jul 2010

Marital Naming/Naming Marriage: Language And Status In Family Law, Suzanne A. Kim

Indiana Law Journal

What's in a name? Based on current family law and policy debates, the answer would seem to be: a whole lot. Today's discussion of legal prohibitions of same-sex marriage abounds with the assumption that language, in the form of names and labels, is deeply meaningful from a status perspective. Missing from this debate, however, is a careful examination of the role that names and labels play in the construction of the status category of marriage. This Article fills this gap in family law scholarship by providing an explicit account of how language plays a critical role in reflecting and reinforcing …