Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Same-sex marriage (2)
- Abortion (1)
- Civil rights (1)
- Columbia Law Review (1)
- Common law constitutionalism (1)
-
- Consent (1)
- Constitutional jurisprudence (1)
- Family (1)
- Gay and lesbian (1)
- Gay marriage (1)
- Gay rights (1)
- Gay rights movement (1)
- Goodridge v. Department of Public Health (1)
- International Journal of Law Policy and the Family (1)
- Lawrence v. Texas (1)
- Parental (1)
- Parents (1)
- Privatized liberty (1)
- Pro-choice (1)
- Pro-life (1)
- Queer youth education (1)
- Same-sex couple (1)
- Sex discrimination (1)
- Sexuality (1)
- Teenage (1)
- Women's Rights Law Reporter (1)
- Yale Law Journal (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Divorcing Marriage From Procreation – Goodridge V. Department Of Public Health Case, Jamal Greene
Divorcing Marriage From Procreation – Goodridge V. Department Of Public Health Case, Jamal Greene
Faculty Scholarship
Public debate about same-sex marriage has spectacularly intensified in the wake of the Massachusetts Supreme Judicial Court's decision in Goodridge v. Department of Public Health. But amid the twisted faces, shouts, and murmurs surrounding that decision, a bit of old-fashioned common-lawmaking has been lost. Some have criticized the Goodridge court for its apparently result-oriented approach to the question of whether, consistent with the Massachusetts Constitution, the commonwealth may deny marriage licenses to same-sex couples. Others have defended the decision, both on the court's own rational basis terms and on other grounds, including sex discrimination and substantive due process. This …
The Domesticated Liberty Of Lawrence V. Texas, Katherine M. Franke
The Domesticated Liberty Of Lawrence V. Texas, Katherine M. Franke
Faculty Scholarship
In this Commentary, Professor Franke offers an account of the Supreme Court's decision in Lawrence v. Texas. She concludes that in overruling the earlier Bowers v. Hardwick decision, Justice Kennedy does not rely upon a robust form of freedom made available by the Court's earlier reproductive rights cases, but instead announces a kind of privatized liberty right that affords gay and lesbian couples the right to intimacy in the bedroom. In this sense, the rights-holders in Lawrence are people in relationships and the liberty right those couples enjoy does not extend beyond the domain of the private. Franke expresses …
Regulating Teenage Abortion In The United States: Politics And Policy, Carol Sanger
Regulating Teenage Abortion In The United States: Politics And Policy, Carol Sanger
Faculty Scholarship
Thirty-four US states currently require pregnant minors either to notify their parents or get their consent before having a legal abortion. The Supreme Court has upheld the constitutionality of theses statutes provided that minors are also given an alternative mechanism for abortion approval that does not involve parents. The mechanism used is the 'judicial bypass hearing' at which minors persuade judges that they are mature and informed enough to make the abortion decision themselves. While most minors receive judicial approval, the hearings intrude into the most personal aspects of a young woman's life. The hearings, while formally civil in nature, …
Panel Three: Introduction, Suzanne B. Goldberg
Panel Three: Introduction, Suzanne B. Goldberg
Faculty Scholarship
I think some of my colleagues will ask questions about these cases, to ask who is a man or woman, but if the question is legally, what is male or female, and if you think about the questions that you've read, say, in common law out of the Supreme Court – and I'll just talk about discrimination cases, although I think you can talk about other ones, too – think about the sex discrimination cases. The struggle is about, what is discrimination, but the Court in Craig v. Born is talking about different control restrictions for men and women. Or …