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Same-sex marriage

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Full-Text Articles in Sexuality and the Law

The Effects Of Proposition 8 In The Lgbt Rights Movement In Orange County, Maria Claudia Brena Sep 2014

The Effects Of Proposition 8 In The Lgbt Rights Movement In Orange County, Maria Claudia Brena

e-Research: A Journal of Undergraduate Work

Proposition 8 was a California ballot initiative that banned same-sex marriage in November of 2008. The issue of same-sex marriage is usually framed in the media as a political and cultural battle where the two opposing sides argue about the legal and cultural repercussions of the recognition of same-sex unions for same-sex relationships and society. Rather than focusing on the legal implications of the Proposition 8 campaign and its outcome, this paper addresses the campaign's effects in the LGBT Rights Movement in Orange County. During the campaign many LGBTs became politically active for the first time in their lives, but …


The Ninth Circuit's Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian Bartrum Jun 2014

The Ninth Circuit's Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian Bartrum

Michigan Law Review First Impressions

On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional amendment banning same-sex marriage, which is currently under review in the U.S. Court of Appeals for the Ninth Circuit. Perhaps even more surprising, Nevada's Republican governor agreed with that decision, concluding that the "case is no longer defensible in court." Ironically, all of this came after the plaintiffs had lost their case in the district court. But the federal constitutional landscape surrounding same-sex marriage is rapidly shifting, and in the nation's largest circuit change is coming quickly indeed. The latest upheaval—the decision that in fact prompted …


How Lawyers Manage Intragroup Dissent, Scott L. Cummings Apr 2014

How Lawyers Manage Intragroup Dissent, Scott L. Cummings

Chicago-Kent Law Review

This essay, adapted from the keynote speech for the conference, reflects upon how lawyers respond to dissent within social movements—over the goals of social change efforts and the means of pursuing them. Drawing upon case studies from the LGBT rights and labor contexts, it describes specific challenges to managing dissent within “top-down” and “bottom-up” lawyering models. From the top-down, it explores how lawyers in the California marriage equality movement addressed repeated legal challenges over litigation tactics. From the bottom-up, it describes how lawyers for a community-labor coalition dealt with competing conceptions of the public good in a campaign to stop …


Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein Apr 2014

Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein

Chicago-Kent Law Review

A popular and intuitively plausible type of argument for the rights of lesbians, gay men, and bisexuals is based on claims that sexual orientations are inborn and/or unchangeable. Many advocates of such rights view expressing doubts about the immutability and innateness of sexual orientation as tantamount to opposing gay rights. Legally, claims that sexual orientations are innate and/or immutable intersect with the so-called immutability factor in equal protection jurisprudence. This article considers the legal, ethical, and empirical support for arguments for LGB rights based on immutability and innateness. I raise a variety of problems for such arguments in various contexts, …


Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow Apr 2014

Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow

Cornell Law Faculty Publications

Since the 1980s, social movement scholars have investigated the dynamic of movement/countermovement interaction. Most of these studies posit movements as initiators, with countermovements reacting to their challenges. Yet sometimes a movement supports an agenda in response to a countermovement that engages in what we call “anticipatory countermobilization.” We interviewed ten leading LGBT activists to explore the hypothesis that the LGBT movement was brought to the fight for marriage equality by the anticipatory countermobilization of social conservatives who opposed same-sex marriage before there was a realistic prospect that it would be recognized by the courts or political actors. Our findings reinforce …


Is Japan Ready To Legalize Same-Sex Marriage?, Yuki Arai Jan 2014

Is Japan Ready To Legalize Same-Sex Marriage?, Yuki Arai

Cornell Law School LL.M. Student Research Papers

Marriage is one of the most significant stages in one’s life. For many decades, gays and lesbians have been excluded from the legal institution of marriage solely because of their sexual orientation. However, the situation concerning same-sex marriage has drastically changed in many societies including the U.S. in the past several years. This recent wave of the opening of same-sex marriage has yet to reach my home country, Japan. In Japanese society where no religion opposing to same-sex activity is influential, gays and lesbians have not been persecuted criminally or religiously, which caused the absence of gay and lesbian rights …


Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders Jan 2014

Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders

Articles by Maurer Faculty

No abstract provided.


Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado Jan 2014

Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado

Michigan Law Review First Impressions

Most unbiased evaluations of marriage as an institution consider it an unmitigated benefit, at least for those who enter into it willingly and avoid the shoals of divorce. Married people report higher levels of happiness than their unmarried counterparts, live longer, and lead healthier lives. They are less depressed, drink less, and report more satisfaction with their status than those who have never married or are divorced. The benefits of marriage also accrue to the children of married couples. The children of intact couples, whether straight or gay, are happier and more well adjusted, on average, than those of either …


Introduction: Invited Essays On The Implications Of Windsor And Perry Jan 2014

Introduction: Invited Essays On The Implications Of Windsor And Perry

Indiana Law Journal

No abstract provided.


The Evolution Toward Judicial Independence In The Continuing Quest For Lgbt Equality, Susan J. Becker Jan 2014

The Evolution Toward Judicial Independence In The Continuing Quest For Lgbt Equality, Susan J. Becker

Law Faculty Articles and Essays

Judicial decisions that hold same-sex marriage bans unconstitutional, no matter how that conclusion is reached, overturn laws or constitutional provisions that were passed with the support of a democratic majority. This Article takes an in-depth look at judicial activism and judicial independence to determine whether such victories for same-sex litigants were done properly by the judiciary. In the eyes of the Framers, an independent judiciary was to be a crucial check on the other branches’ constitutional limitations. With this in mind, judicial independence—where, in contrast with activism, judges meticulously apply the well-examined facts to controlling precedent without accounting for majority …


Leveling Up After Doma, Deborah A. Widiss Jan 2014

Leveling Up After Doma, Deborah A. Widiss

Indiana Law Journal

Essays on the Implication of Windsor and Perry


Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho Jan 2014

Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho

All Faculty Scholarship

Within LGBT rights, the law is abandoning essentialist approaches toward sexual orientation by incrementally de-regulating restrictions on identity expression of sexual minorities. Simultaneously, same-sex marriages are become increasingly recognized on both state and federal levels. This Article examines the Supreme Court’s recent decision, U.S. v. Windsor, as the latest example of these parallel journeys. By overturning DOMA, Windsor normatively revises the previous incrementalist theory for forecasting marriage equality’s progress studied by William Eskridge, Kees Waaldijk, and Yuval Merin. Windsor also represents a moment where the law is abandoning antigay essentialism by using animus-focused jurisprudence for lifting the discrimination against the …


The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian C. Bartrum Jan 2014

The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian C. Bartrum

Scholarly Works

When the Ninth Circuit handed down Witt v. Department of the Air Force, President Obama and then-Solicitor General Kagan declined to take an appeal to the Supreme Court. At the time, it seemed that most advocates of “Don’t Ask, Don’t Tell” believed that the administration made that decision because it was afraid the Supreme Court would reverse the Ninth Circuit. If that fear was perhaps well-founded in 2009, it is certainly less so now. In the wake of SmithKline Beecham Corp. v. Abbott Laboratories, as well as recent District Court decisions, opponents of federal constitutional protection for gay people …


Civil Rights 3.0, Nan D. Hunter Jan 2014

Civil Rights 3.0, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

It is now commonplace to hear the LGBT rights movement being described as the last, or the next, or today’s, pre-eminent civil rights issue. This chapter will explore what that means from several perspectives: What does the label tell us about the civil rights paradigm itself? If the achievement of marriage equality is the great civil rights achievement of this generation, what does that suggest about a future for equality more generally? How have new forms of, and technologies for, movement building affected the idea and practice of civil rights? Does the civil rights paradigm have a future? I focus …


Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz Mar 2013

Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz

San Diego International Law Journal

A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …


Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen Jan 2013

Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen

Michigan Journal of Gender & Law

In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip the traditional …


Sexual Orientation Of Fatherhood, Dara Purvis Jan 2013

Sexual Orientation Of Fatherhood, Dara Purvis

Faculty Scholarship

In this Article, I examine how same-sex fathers affect the perception of heterosexual caretaking fathers - and by extension, could affect the perception of heterosexual non-caretaking mothers. I conclude that gay stay-at-home fathers offer a provocative opportunity to broaden societal views of men and caregiving more generally, and argue that greater recognition of parents who counteract gender stereotypes - even where the recognition might arguably lessen women's rights in family law - ultimately helps women as well as children and nontraditional parents. Part I discusses fathers, particularly stay-at-home fathers, the practical problems fathers face combining work and caregiving responsibilities, and …


Windsor Products: Equal Protection From Animus, Dale Carpenter Jan 2013

Windsor Products: Equal Protection From Animus, Dale Carpenter

Faculty Journal Articles and Book Chapters

The Supreme Court's opinion in United States v. Windsor has puzzled commentators, who have tended to overlook or dismiss its ultimate conclusion that the Defense of Marriage Act was unconstitutional because it arose from animus. What we have in Justice Kennedy’s opinion is Windsor Products — an outpouring of decades of constitutional development whose fountainhead is Carolene Products and whose tributaries are the gay-rights and federalism streams. This paper presents the constitutional anti-animus principle, including what constitutes animus, why it offends the Constitution, and how the Supreme Court determines it is present. The paper also discusses why the Court was …


The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw Sep 2012

The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

West Virginia Law Review

No abstract provided.


The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders Jun 2012

The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders

Michigan Law Review

Same-sex marriage is now legal in six states, and tens of thousands of same-sex couples have already gotten married. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. These mini-defense of marriage acts not only forbid the creation of same-sex marriages; they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These nonrecognition laws effectively transform the marital parties into legal strangers, causing significant harms: property rights are potentially altered, spouses disinherited, children put at risk, and financial, …


National Report: Uruguay , Walter Howard Apr 2012

National Report: Uruguay , Walter Howard

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Turkey, Başak Başoğlu, Candan Yasan Apr 2012

National Report: Turkey, Başak Başoğlu, Candan Yasan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Switzerland, Annelot Peters Apr 2012

National Report: Switzerland, Annelot Peters

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Japan, Teiko Tamaki Apr 2012

National Report: Japan, Teiko Tamaki

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Ireland, Aisling Parkes Apr 2012

National Report: Ireland, Aisling Parkes

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Italy, Virginia Zambrano Apr 2012

National Report: Italy, Virginia Zambrano

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Hungary, Zsolt Körtvélyesi, András L. Pap Apr 2012

National Report: Hungary, Zsolt Körtvélyesi, András L. Pap

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Germany, Jens M. Scherpe Apr 2012

National Report: Germany, Jens M. Scherpe

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: France, Hugues Fulchiron Apr 2012

National Report: France, Hugues Fulchiron

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg Apr 2012

National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg

American University Journal of Gender, Social Policy & the Law

No abstract provided.