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Articles 1 - 14 of 14
Full-Text Articles in Law
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Michigan Law Review
Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage. Its analysis is grounded in state supreme court decisions on the constitutionality of barring same-sex marriage, as well as the high-profile, …
Sexual Rights And Religion: Same-Sex Marriage And Lawmakers' Catholic Identity In Argentina, Juan Marco Vaggione
Sexual Rights And Religion: Same-Sex Marriage And Lawmakers' Catholic Identity In Argentina, Juan Marco Vaggione
University of Miami Law Review
No abstract provided.
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Michigan Law Review
Martha Nussbaum's latest book, From Disgust to Humanity: Sexual Orientation & Constitutional Law, could not have come at a more opportune time in the history of gay rights in the United States. All signs point to progress toward "humanity," from same-sex couples' successful bids for marriage equality in a handful of states to the public's increasing acceptance of the prospect of gays and lesbians serving openly in the military. Even if recent cognitive science research indicates that same-sex relationships provoke more than a little disgust in some people, landmark marriage-equality victories in a few states suggest that the law is …
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
Duke Journal of Comparative & International Law
No abstract provided.
A Quest For Fair And Balanced: The Supreme Court, State Courts, And The Future Of Same-Sex Marriage Review After Perry, Chase D. Anderson
A Quest For Fair And Balanced: The Supreme Court, State Courts, And The Future Of Same-Sex Marriage Review After Perry, Chase D. Anderson
Duke Law Journal
Gay rights advocates and social conservatives alike have criticized the Supreme Court for its recent decisions concerning sexual orientation. An examination of those decisions reveals that, taken together, they represent a surprisingly careful balance. The result is a principle of neutrality in which the Court has effectively demanded that states refrain from taking either side in the culture war surrounding sexual orientation. The true test of that neutrality principle will arise when the Court considers the constitutionality of a same-sex marriage ban. Thus far, challenges have taken place in state courts under state constitutions; those judges appear to have been …
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Plural Marriage And Community Property Law, Diane J. Klein
Plural Marriage And Community Property Law, Diane J. Klein
Golden Gate University Law Review
Plural marriage makes strange bedfellows. Fundamentalist Mormons, polyamorous/ polyfidelitous sex radicals, and some feminists and proponents of same-sex marriage (including this author), share the view that freedom of intimate association under the United States Constitution, properly understood, must extend beyond the right to marry exactly one person of the opposite gender from oneself. But while it is one thing to endorse marriage freedom, as a matter of principle, it is quite another actually to implement it in law. If people could simultaneously have more than one spouse, the lawyer must ask, how would things actually work, from a marital property …
Amending The Defense Of Marriage Act: A Necessary Step Toward Gaining Full Legal Rights For Same-Sex Couples, Nancy Kubasek, Christy Glass, Kate Cook
Amending The Defense Of Marriage Act: A Necessary Step Toward Gaining Full Legal Rights For Same-Sex Couples, Nancy Kubasek, Christy Glass, Kate Cook
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Race To The Cure: Why Gene Patents Pave The Way For Breast Cancer Research, Nicole Boutros
Race To The Cure: Why Gene Patents Pave The Way For Breast Cancer Research, Nicole Boutros
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why “Same” Is So Different?, Macarena Saez
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why “Same” Is So Different?, Macarena Saez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson
Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson
American Indian Law Review
No abstract provided.
National Report: Belgium, Frederik Swennen, Yves-Henri Leleu
National Report: Belgium, Frederik Swennen, Yves-Henri Leleu
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil
Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.