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Articles 1 - 17 of 17
Full-Text Articles in Law
Family And Juvenile Law, Lynne Marie Kohn
Family And Juvenile Law, Lynne Marie Kohn
University of Richmond Law Review
No abstract provided.
The Horizon Of Rights: Lessons From South Africa For The Post-Goodridge Analysis Of Same-Sex Marriage, Lisa Newstrom
The Horizon Of Rights: Lessons From South Africa For The Post-Goodridge Analysis Of Same-Sex Marriage, Lisa Newstrom
Cornell International Law Journal
No abstract provided.
Unitary Law Re-Form, Pluralistic Law Re-Substance: Illuminating Legal Change, Roderick A. Macdonald
Unitary Law Re-Form, Pluralistic Law Re-Substance: Illuminating Legal Change, Roderick A. Macdonald
Louisiana Law Review
No abstract provided.
The Perils Of Marriage As Transcendent Ontology: National Pride At Work V. Governor Of Michigan, William B. Turner
The Perils Of Marriage As Transcendent Ontology: National Pride At Work V. Governor Of Michigan, William B. Turner
William B Turner
National Pride at Work v. Governor of Michigan provides a unique opportunity to watch as courts struggle to define “marriage.” This is not a suit seeking recognition of same-sex marriages. It presents the question of whether an amendment to the Michigan state constitution prohibiting recognition of same-sex marriages or any “union” that is “similar” to marriage also prohibits public employers in the state from conferring benefits on the same-sex partners of their employees. The trial and appeals courts came to exactly opposite conclusions, and their respective positions nicely demarcate the options in what promises to be an ongoing debate in …
The Perils Of Marriage As Transcendent Ontology: National Pride At Work V. Governor Of Michigan, William B. Turner
The Perils Of Marriage As Transcendent Ontology: National Pride At Work V. Governor Of Michigan, William B. Turner
William B Turner
National Pride at Work v. Governor of Michigan provides a unique opportunity to watch as courts struggle to define “marriage.” This is not a suit seeking recognition of same-sex marriages. It presents the question of whether an amendment to the Michigan state constitution prohibiting recognition of same-sex marriages or any “union” that is “similar” to marriage also prohibits public employers in the state from conferring benefits on the same-sex partners of their employees. The trial and appeals courts came to exactly opposite conclusions, and their respective positions nicely demarcate the options in what promises to be an ongoing debate in …
Silent Sacrifices: The Impact Of “Don’T Ask, Don’T Tell” On Lesbian And Gay Military Families, Kathi Westcott, Rebecca Sawyer
Silent Sacrifices: The Impact Of “Don’T Ask, Don’T Tell” On Lesbian And Gay Military Families, Kathi Westcott, Rebecca Sawyer
Duke Journal of Gender Law & Policy
The sacrifices of the nation's 65,000 lesbian, gay, and bisexual military personnel2 and the one million lesbian, gay, and, bisexual veterans, however, have only recently garnered significant attention.3 Media stories such as that of former Army Sergeant Bleu Copas, an Arabic linguist with the 82nd Airborne, illustrate the impact of the "Don't Ask, Don't Tell" law on individual service members as well as the law's impact on the military's personnel needs.4 Yet the impact of "Don't Ask, Don't Tell" on gay military families has garnered little public attention because few families headed by a same-sex couple, in which one partner …
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner
Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner
William B Turner
Arguments about discrimination based on sexual orientation generally rest on interpretations of the equal protection clause of the Fourteenth Amendment or about rights to autonomy rooted in modern substantive due process doctrine. Such theories typically presuppose a government that remains neutral among competing moral claims. This Article, by contrast, develops an account of rights against sexual orientation discrimination—including recognition of same-sex marriage—that does not depend on a thin moral conception of the liberal state. Instead, I situate lesbian/gay rights within a Lockean political theory of consent. John Locke’s theory of government, which was highly influential for the Founders of the …
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
Washington and Lee Law Review
No abstract provided.
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
Journal Articles
Shortly after the Civil War, a series of cases argued that the Civil Rights Act of 1866 gave black Americans the right to make contracts, including a marriage contract, with whomever they chose. While the cases were almost uniformly unsuccessful at that time, this paper argues that claims based on private contracts replicating some of marriage’s benefits, stripped of the social and religious freight of marriage, are more compelling. State constitutional amendments banning not only marriage, but any legal recognition of a marriage-like relationship, demonstrate that animus underlies the prohibitions and that the amendments violate the Equal Protection Clause even …
The Irrationality Of A Rational Basis: Denying Benefits To The Children Of Same-Sex Couples , Sam Castic
The Irrationality Of A Rational Basis: Denying Benefits To The Children Of Same-Sex Couples , Sam Castic
The Modern American
No abstract provided.
Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson
Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson
Duke Journal of Gender Law & Policy
The overwhelming majority of support for bans on same-sex civil marriage has come from religious believers, and the so-called "secular justifications" for these bans are mere pretexts for religious beliefs that homosexuality, homosexuals, and same-sex couples are evil or sinful. Courts should take a hard look at the substantive justifications offered in support of same-sex marriage bans, bearing in mind that (1) these justifications are universally offered by religious believers but are infrequently offered by credentialed Secularists, and (2) they are the result of a studied use of pretextual, secular-sounding language to cloak a religiously-motivated bias against homosexuals and same-sex …
Same-Sex Loving:Subverting White Supremacy Through Same-Sex Marriage, Adele M. Morrison
Same-Sex Loving:Subverting White Supremacy Through Same-Sex Marriage, Adele M. Morrison
Michigan Journal of Race and Law
This Article marks the 40th anniversary of Loving v. Virginia- the landmark decision that responded to the question of the constitutionality of anti-miscegenation laws by firmly stating that the fundamental right to marry could not be restricted by race-by taking up the issue of the case's applicability in the context of same-sex marriage. The invocation of Loving has generally been in a manner that invites comparisons between interracial and same-sex marriage. Pro same-sex marriage arguments that utilize this comparison-which has come to be known as the "Loving Analogy"-- include the decision's freedom of choice and antidiscrimination elements, but rarely …
Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime
Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime
Articles by Maurer Faculty
This article examines sex discrimination arguments in recent same-sex marriage cases. Since 1993, when the Hawaii Supreme Court held in Baehr v. Lewin that denying same-sex couples the right to marry could state a claim of sex discrimination, every state high court to consider the issue has rejected the claim. But many recent decisions have in fact relied upon sex-based stereotypes to justify marriage restrictions. These include claims that men and women, simply by virtue of their gender, provide distinct role models for children; that men and women play "opposite" or "complementary" roles within marriage; and that marriage is essential …
The Impact On Maryland's Budget Of Allowing Same-Sex Couples To Marry, M.V. Lee Badgett, Amanda K. Baumle, Shawn Kravich, Adam P. Romero
The Impact On Maryland's Budget Of Allowing Same-Sex Couples To Marry, M.V. Lee Badgett, Amanda K. Baumle, Shawn Kravich, Adam P. Romero
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Legacy Of Loving, Joanna L. Grossman, John Dewitt Gregory
The Legacy Of Loving, Joanna L. Grossman, John Dewitt Gregory
Faculty Journal Articles and Book Chapters
The Supreme Court sounded the death knell for anti-miscegenation laws in Loving v. Virginia in 1967. This essay, published in honor of Loving's fortieth anniversary, considers the personal, cultural, and legal legacy of the decision, which brought an abrupt end to the practice of outlawing interracial marriage. But since those laws were already on the way out at the time Loving was decided, its legacy must be constructed by looking more broadly at its impact on American law and society. That exploration reveals first a powerful personal legacy for Mildred and Richard Loving, who were permitted to return to Virginia …
Full Faith And Republican Guarantees: Gay Marriage, Fmpa, And The Courts, John Eastman
Full Faith And Republican Guarantees: Gay Marriage, Fmpa, And The Courts, John Eastman
John C. Eastman
"What difference does it make to your heterosexual marriage if I enter into a homosexual marriage?" Such is the frequent rejoinder to claims that traditional marriage needs to be protected by state or federal law or even by a federal constitutional amendment. Here I explore answers to that rejoinder. Marriage may be an individual bond, but it is fostered by society because it also fulfills fundamental societal functions. Indeed, we have an unbelievably important example of unintended consequences from another profound change to this important societal institution: no-fault divorce. The United States did not embrace no-fault divorce until 1969, and …