Law Commons^™

Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez

Articles in Law Reviews & Other Academic Journals

Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …

What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez

Articles in Law Reviews & Other Academic Journals

This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed.

Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights …

Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.

For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Making Marriage Matter Less: The Ali Domestic Partner Principles Are One Step In The Right Direction, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers

Articles in Law Reviews & Other Academic Journals

Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.

The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.