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License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
Seattle University Law Review
Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
Seattle University Law Review
The “Creasman presumption” held that, absent any evidence to the contrary, the way property was titled at the end of a cohabitational relationship was presumed to be the way the parties intended. The “exceptions” to the Creasman presumption should be the rule to ensure the flexibility required by equity in these types of cases, while keeping distinct the lines between marriage and cohabitation. To promote this thesis, Part II discusses the facts of Creasman and then dispels the myth of importance surrounding its presumption. Part III reviews the facts of In re Marriage of Lindsey, looks at whether cohabitation …
Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis
Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis
Seattle University Law Review
Initially, this Comment will examine traditional theories of marital support and their relation to post-cohabitant support. Next, this Comment will review express contract, implied-in-fact contract, and quasi-contract theories of support and how these different theories have been effectively applied by various state courts. A brief discussion follows concerning federal courts and the confusion surrounding the federal jurisdiction of cohabitation actions. Finally, the contract theories of relief will be contrasted against proposed legal status solutions.Ultimately, this Comment concludes that post-cohabitation support issues are best resolved through contract theories. Solutions based on legal status are extremely intrusive and impose unbargained-for terms upon …