All Articles tagged marriage

• General
  February 17, 2021 EDT
  THE UNINTENDED CONSEQUENCES OF CHICKEN STEALING: SAME-SEX MARRIAGE AND THE PATH TO POLYGAMY
  Thomas D. Holland

  This article discusses how U.S. courts have dealt with plural marriage historically and how this issue may be resolved in the future.

• State Constitutional Commentary
  September 13, 2019 EDT
  EVALUATING JUDICIAL STANDARDS OF CONDUCT IN THE CURRENT POLITICAL AND SOCIAL CLIMATE: THE NEED TO STRENGTHEN IMPROPRIETY STANDARDS AND REMOVAL REMEDIES TO INCLUDE PROCEDURAL JUSTICE AND COMMUNITY HARM
  Joshua E. Kastenberg

  This article presents an examination of the current common frameworks shared by the states for addressing judicial conduct appealing to popular social and political influences.

• General
  May 27, 2016 EDT
  WHEN ONE’S RIGHT TO MARRY MAKES OTHERS “UNMERRY”
  Shai Stern

  This essay suggests that Obergefell should be seen as a step toward reconciling the ongoing tension between the constitutional rights of human liberty and freedom of religion.

• State Constitutional Commentary
  November 11, 2011 EDT
  STATE CONSTITUTIONAL DECISION-MAKING AND PRINCIPLES OF EQUALITY: REVISITING BAKER V. STATE AND THE QUESTION OF GENDER IN THE MARRIAGE EQUALITY DEBATE
  Cheryl Hanna

  This essay suggests that the most under-appreciated opinion in Baker is Justice Denise Johnson‘s concurring opinion that states that denying same sex couples the right to marry is sex discrimination.

• New York Appeals
  May 05, 2010 EDT
  THE COURT OF APPEALS’S DECISION IN GODFREY V. SPANO: A TROUBLING EXERCISE OF INDECISION
  Roberta Kaplan

  This article discusses the effect of the Court of Appeals’ decision in Godfrey v. Spano.

• New York Appeals
  May 05, 2009 EDT
  BREAKING DOWN BARRIERS: THE GOODRIDGE DECISION AND MODERN CIVIL RIGHTS
  John M. Greaney

  These symposium remarks discuss the Massachusetts Supreme Judicial Court's decision in Goodridge v. Dep't of Public Health.

• New York Appeals
  May 05, 2009 EDT
  TO HARM, TO VICTIMIZE, AND TO DESTROY: THE UGLY REASON WHY THE CHAMBERS MAJORITY OPINION WAS SO RIGHT
  Matthew J. Skinner

  This comment critically confronts the analysis used in the court’s majority opinion in Goodridge v. Department of Public Health.