WWW.ABSTRACT.DISLIB.INFO
FREE ELECTRONIC LIBRARY - Abstracts, online materials
 
<< HOME
CONTACTS



Pages:   || 2 | 3 | 4 | 5 |   ...   | 6 |

«NOS. 14-556, 14-562, 14-571, 14-574 IN THE Supreme Court of the United States JAMES OBERGEFELL, ET AL., Petitioners, v. RICHARD HODGES, DIRECTOR, ...»

-- [ Page 1 ] --

NOS. 14-556, 14-562, 14-571, 14-574

IN THE

Supreme Court of the United States

JAMES OBERGEFELL, ET AL., Petitioners,

v.

RICHARD HODGES, DIRECTOR, OHIO

DEPARTMENT OF HEALTH, ET AL., Respondents.

[Additional Case Captions Listed on Inside Front Cover]

On Writs of Certiorari to the United States

Court of Appeals for the Sixth Circuit

BRIEF OF AMICI CURIAE SCHOLARS OF

THE WELFARE OF WOMEN, CHILDREN,

AND UNDERPRIVILEGED POPULATIONS

IN SUPPORT OF RESPONDENTS

________________________________

LYNNE MARIE KOHM JOHN C. EASTMAN

c/o Regent University Counsel of Record School of Law ANTHONY T. CASO 1000 Regent Univ. Dr. CENTER FOR CONSTITUVirginia Beach, VA 23464 TIONAL JURISPRUDENCE c/o Chapman University Fowler School of Law One University Drive Orange, CA 92866 (714) 628-2587 jeastman@chapman.edu Counsel for Amici Curiae ______________________________________

VALERIA TANCO, ET AL., Petitioners, v.

BILL HASLAM, GOVERNOR OF TENNESSEE, ET AL.,

Respondents.

APRIL DEBOER, ET AL., Petitioners, v.

RICK SNYDER, GOVERNOR OF MICHIGAN, ET AL.,

Respondents.

GREGORY BOURKE, ET AL., Petitioners, v.

STEVE BESHEAR, GOVERNOR OF KENTUCKY, ET AL.,

Respondents.

i

QUESTIONS PRESENTED

1. Does the Fourteenth Amendment require a state to redefine marriage and issue marriage licenses to two people of the same sex, contrary to the express, recently reaffirmed vote of the people of the state?

2. Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex performed out of state, when doing so is contrary to the state’s own fundamental policy decision?

ii

TABLE OF CONTENTS

QUESTIONS PRESENTED

TABLE OF AUTHORITIES

INTEREST OF AMICI CURIAE

SUMMARY OF ARGUMENT

ARGUMENT

I. The Institution of Marriage Guides and Channels Human Behavior, and Especially Benefits Women in Disadvantaged Communities and their Children.............. 4 II. Past Well-Intentioned Changes to Marriage Law and Policy Have Harmed Women and Children in Disadvantaged Communities.

III. Redefining Marriage To Encompass SameSex Relationships Will Likely Harm Women and Children, Particularly Those in Disadvantaged Communities.............. 13 A. Redefining Marriage Transforms Its Public Meaning

–  –  –

C. Redefining Marriage Risks Several Specific Anticipated Harms to Women and Children in Disadvantaged Communities.

–  –  –

Cases Cramblett v. Midwest Sperm Bank, LLC, No. 2014-L-010159 (Ill. Cir. Ct., Cook County, filed Sept. 29, 2014)

DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014)

Ex parte State ex rel. Alabama Policy Inst., No. 1140460, 2015 WL 892752 (Ala. Mar. 3, 2015)

Goodridge v. Dep’t of Pub. Health, 798 N.E.2d 941 (Mass. 2003)

United States v. Windsor, 133 S. Ct. 2675 (2013)

Williams v. North Carolina, 317 U.S. 287 (1942)

Other Authorities Akerlof, George A., Men without Children, 108 THE ECONOMIC JOURNAL 287 (1998)............. 24 Allen, Douglas W., An Economic Assessment of Same-Sex Marriage Laws, 29 HARV. J.L. & PUB.

POL’Y 949 (2006)

Allen, Douglas W., and Gallagher, Maggie, Does Divorce Law Affect the Divorce Rate? A Review of Empirical Research, 1995-2006, Institute for Marriage and Public Policy Research Brief 1 (Jul. 2007)

v Alvaré, Helen M., Same Sex Marriage and the “Reconceiving” of Children, 64 Case Western L.

Rev. 829 (2014)

Alvaré, Helen M., The Turn Toward the Self in the Law of Marriage & Family: Same-Sex Marriage & Its Predecessors, 16 Stan. L. & Pol’y Rev. 135 (2005)

Amato, Paul R., The Impact of Family Formation Change on the Cognitive, Social, and Emotional Well-Being of the Next Generation, 15 FUTURE OF CHILDREN 75 (Fall 2005)

Amato, Paula, M.D., et al., Ethics Committee of the American Society for Reproductive Medicine, Consideration of the Gestational Carrier: a committee opinion, 99 FERTILITY AND STERILITY 1838 (June 2013)

Avellar, Sarah, & Smock, Pamela J., The Economic Consequences of the Dissolution of Cohabiting Unions, 67 J. MARRIAGE & FAM. 315 (2005)........ 29 Bakalar, Nicholas, Education, Faith, and a Likelihood to Wed, New York Times Science Times D7 (Mar. 23, 2010)

Berger, Amanda, et al., Relationship Violence Among Young Adult Couples, Child Trends Research Brief 1 (June 2012)

Berger, Peter L., and Luckmann, Thomas, THE

SOCIAL CONSTRUCTION OF REALITY: A TREATISE

IN THE SOCIOLOGY OF KNOWLEDGE (1966).......... 4, 9 Brown, Susan L., The Effect of Union Type on Psychological Well-being: Depression Among vi Cohabitors Versus Marrieds, 41 JOURNAL OF HEALTH AND SOCIAL BEHAVIOR 241 (2000).......... 27 Browning, Don, & Marquardt, Elizabeth, What About the Children? Liberal Cautions on Same-Sex Marriage, in THE MEANING OF MARRIAGE 29 (Robert P. George & Jean Bethke Elshtain eds., 2006)





Bumpass, Larry, and Lu, Hsien-Hen, Trends in Cohabitation and Implications for Children’s Family Contexts in the United States, 54 POPULATION STUDIES 29 (2000)

Carroll, Jason S., & Dollahite, David C., “Who’s My Daddy?” How the Legalization of Same-Sex Partnerships Would Further the Rise of Ambiguous Fatherhood in America, in WHAT’S THE HARM?

DOES LEGALIZING SAME-SEX MARRIAGE REALLY

HARM INDIVIDUALS, FAMILIES OR SOCIETY 47

(Lynn D. Wardle ed., 2008)

Cherlin, Andrew J., THE MARRIAGE-GO-ROUND: THE

STATE OF MARRIAGE AND THE FAMILY IN AMERICA

TODAY (2009)

Cook, Michael, The Link Between Rented Wombs and Gay Marriage, Mercatornet (July 19, 2012)........ 33 Davis, Erica, The Rise of Gestational Surrogacy and the Pressing Need for International Regulation, 21 MINN. J. INT’L L. 120 (2012)

Davis, Kingsley, Introduction: The Meaning and Significance of Marriage in Contemporary Society,

in CONTEMPORARY MARRIAGE: COMPARATIVE

PERSPECTIVES ON A CHANGING INSTITUTION 1

(Kingsley Davis ed., 1985)

vii DeSerres, Louis, Preserve Marriage—Protect Children’s Rights (Canada), in WHAT’S THE HARM?

DOES LEGALIZING SAME-SEX MARRIAGE REALLY

HARM INDIVIDUALS, FAMILIES OR SOCIETY

(Lynn D. Wardle ed., 2008)

Doherty, William J., et al., Responsible Fathering, 60 J. MARRIAGE & FAM. 277 (1998).......... 20, 22, 32 Edin, Kathryn, & Kefalas, Maria, PROMISES I CAN

KEEP: WHY POOR WOMEN PUT MOTHERHOOD

BEFORE MARRIAGE (2005)

Eskridge, William N., Jr., GAYLAW: CHALLENGING APARTHEID IN THE CLOSET (1999)

Eyal, Hedva, Genewatch: Reproductive Trafficking, Council for Responsible Genetics

Flouri, Eirini, & Buchanan, Ann, The Role of Father Involvement in Children’s Later Mental Health, 26 J. ADOLESCENCE 63 (2003)

Franke-Ruta, Garance, Remapping the Culture Debate, AMERICAN PROSPECT (Feb. 2006)............ 18 Fulcher, Fulcher, et al., Contact with Grandparents among Children conceived via donor insemination by Lesbian and Heterosexual mothers, 2 PARENTING: SCIENCE AND PRACTICE, 61 (2002).... 15 George, Robert P., et al., WHAT IS MARRIAGE?

(2012)

Glendon, Mary Ann, ABORTION AND DIVORCE IN WESTERN LAW 106 (1987)

Goode, William J., WORLD CHANGES IN DIVORCE PATTERNS (1993)

viii

Haskings, Ron, and Sawhill, Elizabeth, CREATING AN OPPORTUNITY SOCIETY (2009)

Hope, S., Rodgers, B., and Power, C., Marital Status

Transitions and Psychological Distress:

Longitudinal Evidence from a National Population Sample, 29 PSYCHOLOGICAL MEDICINE 381 (Mar. 1999)

Kenney, Catherine T., & McLanahan, Sara S., Why Are Cohabiting Relationships More Violent Than Marriages, 43 DEMOGRAPHY 127 (Feb. 2006)...... 27 Killewald, Alexandra, A Reconsideration of the Fatherhood Premium: Marriage, Coresidence, Biology, and Fathers’ Wages, 78 AM. SOC. REV.

96 (2012)

Kohm, Lynn Marie, and Groen, Karen M., Cohabitation and the Future of Marriage, 17 REGENT U. LAW REV. 261 (2005)

Kurtz, Stanley, Going Dutch?, Weekly Standard (May 31, 2004)

Lavelle, Bridget, & Smock, Pamela J., Divorce and Women’s Risk of Health Insurance Loss, 53

JOURNAL OF HEALTH AND SOCIAL BEHAVIOR 413

(2012)

Lerman, Robert I., & Wilcox, W. Bradford, For Richer, For Poorer: How Family Structures Economic Success in America (Institute for Family Studies 2014)

Lichter, Daniel T.. et al., Is Marriage a Panacea?

Union Formation Among Economically Disadvantaged Unwed Mothers, 50 SOCIAL PROBLEMS 60 (Feb. 2003)

ix Light, Audrey, Gender Differences in the Marriage and Cohabitation Income Premium, 41 DEMOGRAPHY 263 (May 2004)

London, Catherine, Advancing a Surrogate-Focused Model of Gestational Surrogacy Contracts, 18 CARDOZO J.L. & GENDER 391 (2012)

Lorenz, Frederick O., et al., The Short-Term and Decade-Long Effects of Divorce on Women’s Midlife Health, 47 JOURNAL OF HEALTH AND SOCIAL BEHAVIOR 111 (June 2006)

Lynne Marie Kohm, What’s the Harm to Women and Children? A Prospective Analysis, in WHAT’S THE

HARM? DOES LEGALIZING SAME-SEX MARRIAGE

REALLY HARM INDIVIDUALS, FAMILIES OR SOCIETY

79 (Lynn D. Wardle ed., 2008)..............6, 24, 28, 32 Marguardt, Elizabeth, et al., My Daddy’s Name is Donor, Institute for American Values (2010)...... 35 Martin, Paige D., et al., Adolescent Premarital Sexual Activity, Cohabitation, and Attitudes Toward Marriage, 36 ADOLESCENCE 601 (2001). 29 Martin, Steven P., Trends in Marital Dissolution by Women’s Education in the United States, 15 DEMOGRAPHIC RESEARCH 537 (2006)

McDermott, Rose, et al., Breaking Up Is Hard to Do, Unless Everyone Else Is Doing It Too: Social Network Effects on Divorce in a Longitudinal Sample, 92 SOCIAL FORCES 491 (Oct. 18, 2009)... 30 McLanahan, Sara, & Sandefur, Gary, GROWING UP

WITH A SINGLE PARENT: WHAT HURTS, WHAT

HELPS (1994)

x McLanahan, Sara, Diverging Destinies: How Children are Faring Under the Second Demographic Transition, 41 DEMOGRAPHY 607 (2004)

Mendle, Jane, et al., Associations Between Father Absence and Age of First Sexual Intercourse, 80 CHILD DEV. 1463 (2009)

Miller, Cheryl, Babies for Sale, The New Atlantis (Summer 2006)

Nee, Victor, & Ingram, Paul, Embeddedness and Beyond: Institutions, Exchange, and Social Structure, in THE NEW INSTITUTIONALISM IN SOCIOLOGY 19 (Mary C. Brinton & Victor Nee eds., 1998)

Newman, Alana S. Testimony in Opposition to AB460, To the California Assembly Committee on Health (April, 30 2013)

Newman, Alana S., Children’s Rights, or Rights to Children?, Public Discourse (November 10, 2014)

Nock, Steven L., MARRIAGE IN MEN’S LIVES (1998)

Nock, Steven L., The Consequences of Premarital Fatherhood, 63 AM. SOC. REV. 250 (1998)

North, Douglass C., Institutions, 5 J. OF ECON.

PERSPECTIVES 97 (Winter 1991)

Obama, Barack, Obama’s Speech on Fatherhood (June 15, 2008), http://www.realclearpolitics.com/articles/2008/06/o bamas_speech_on_fatherhood.html

xi

Parkman, Allen M., Good Intentions Gone Awry:

No-Fault Divorce and the American Family (2000)

Popenoe, David, LIFE WITHOUT FATHER (1996)...... 23 Radcliffe-Browne, A. R., STRUCTURE AND FUNCTION IN PRIMITIVE SOCIETY (1952)

Rax, Joseph, ETHICS IN THE PUBLIC DOMAIN (1994)

Rhoads, Steven, TAKING SEX DIFFERENCES SERIOUSLY (1994)

Sants, H. J., Genealogical bewilderment in children with substitute parents, 37 BRIT. J. MED. PSYCHOL.

133 (1964)

Shanley, Mary Lyndon, Surrogate Mothering and Women’s Freedom: A Critique of Contracts for

Human Reproduction, in EXPECTING TROUBLE:

SURROGACY, FETAL ABUSE, AND NEW

REPRODUCTIVE TECHNOLOGIES 156 (1995)........... 36 Smock, Pamela J., et al., The Effect of Marriage and Divorce on Women’s Economic Well-Being, 64 AM.

SOC. REV. 794 (1999)

Sowell, Thomas, Gays Are Not “Entitled” to Marriage, The Virginian-Pilot, at B9 (Aug. 21, 2006)

Spaht, Katherine Shaw, For the Sake of the Children: Recapturing the Meaning of Marriage, 73 NOTRE DAME L. REV. 1547 (1998)

Stevenson, Betsey, & Wolfer, Justin, Bargaining in the Shadow of the Law: Divorce Law and Family Distress, 121 Q. J. ECON. 267 (2006)

xii Sweeney, Megan M., & Horwitz, Allan V., Infidelity,

Initiation, and the Emotional Climate of Divorce:

Are There Implications for Mental Health?, 42

JOURNAL OF HEALTH AND SOCIAL BEHAVIOR 295

(2001)

Teitler, Julien O., et al., Effects of Welfare Participation on Marriage, 71 J. MARRIAGE & FAM. 878 (2009)

Thomas, Adam, & Sawhill, Isabel, For Love and Money? The Impact of Family Structure on Family Income, 15 THE FUTURE OF CHILDREN 57 (Fall 2005)

Wax, Amy L., Diverging Family Structure and “Rational” Behavior: The Decline in Marriage as a Disorder of Choice, in RESEARCH HANDBOOK ON THE ECONOMICS OF FAMILY LAW 15 (Lloyd R.

Cohen & Joshua D. Wright eds., 2011)......... passim

Whitehead, Barbara Dafoe, THE DIVORCE CULTURE:

RETHINKING OUR COMMITMENTS TO MARRIAGE

AND FAMILY (1996)

Wilcox, W. Bradford, and Dew, Jeffrey, Is Love a Flimsy Foundation? Soulmate versus institutional models of marriage, 39 SOC. SCI. RESEARCH 687 (2010)

Wilcox, W. Bradford, et al., The Marginalization of Marriage in Middle America, Brookings Institute (Aug. 10, 2011), available at http://brookings.edu/~/media/research/files/papers/ 2011/8/10%20strengthen%20marriage%20wilcox% 20cherlin/0810_strengthen_marriage_wilcox_cherl in.pdf

xiii Williams, Camille S., Women, Equality, and the Federal Marriage Amendment, 20 BYU J. PUB. L. 487 (2006)



Pages:   || 2 | 3 | 4 | 5 |   ...   | 6 |


Similar works:

«OFFENCES AND PENALTIES FOR WATER POLLUTION IN SOUTH AFRICA – A COMPARATIVE ANALYSIS OF SOUTH AFRICAN, BRITISH, AMERICAN AND AUSTRALIAN LEGISLATION CHAPTER ONE INTRODUCTION 1.1 What is water pollution? The National Water Act1 defines pollution as the direct or indirect alteration of the physical, chemical or biological properties of a water resource so as to make it less fit for any beneficial purpose for which it may reasonably be expected to be used; or harmful or potentially harmful to the...»

«Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this announcement. CHINA MEDICAL SYSTEM HOLDINGS LIMITED 康哲藥業控股有限公司* (Incorporated in the Cayman Islands with limited liability)...»

«KUMAUN UNIVERSITY NAINITAL Directorate of Research & Extension INFORMATION BROCHURE for Ph. D. Entrance Test & Admissions 2009-2010 2009-2010 and Research Ordinance-2009 Introduction Kumaun University, established in 1973, is comprised of three campuses at Nainital, Almora and Bhimtal at present. It has been accredited by NAAC in 2000 at four star level and is member of Association of Indian Universities. It has the faculties of Arts, Science, Commerce & Management, Education, Law, Medicine and...»

«Occupational Health and Safety Issues of Police Officers in Canada, the United States and Europe: A Review Essay © Jennifer R. L. Parsons June, 2004 Introduction Police officers play a pivotal role in North American and European societies. They are involved in many aspects of North American and European life. Officers’ involvement ranges from general, daily, proactive patrol activities to specific criminal activities such as narcotic investigations. Because there is such a wide range of...»

«Visions 2015-16 Issue 1 2015-2016 Chapter Sponsors Presidential Sponsors Ernst & Young First Credit Inc., (FCI)/RevCare HW&Co.Dear Fellow HFMA members: Human Arc JP Recovery Services, Inc. Welcome to the 2015-16 HFMA chapter year. McGladrey Thank you for your commitment, membership and support of the Northeast Ohio Chapter. I really look Platinum Sponsors forward to collaborating with the 500+ members, Brennan, Manna & Diamond, LLC. board of directors and officers during the upcoming Fenner...»

«The occupational safety and health of cleaning workers TE-80-10-197-EN-N Literature review – The occupational safety and health of cleaning workers EU-OSHA – European Agency for Safety and Health at Work Literature review – The occupational safety and health of cleaning workers THE OCCUPATIONAL SAFETY AND HEALTH OF CLEANING WORKERS EU-OSHA – European Agency for Safety and Health at Work Literature review – The occupational safety and health of cleaning workers Edited by: Emmanuelle...»

«Guideline Nausea and Vomiting Pregnancy 1. Purpose Nausea and vomiting is the most common medical condition in pregnancy, affecting 50-90% of women. Persistent vomiting that leads to weight loss of greater than 5% of pre-pregnancy weight occurs in 1% of pregnancies and is referred to as hyperemesis gravidarum. This is associated with electrolyte abnormalities and dehydration. Nausea and vomiting of pregnancy usually begins at 6-7 weeks of gestation, peaks at 9-13 weeks, and resolves in most...»

«Mechanics ISSN 1312-3823 Transport volume 11, issue 3, 2013 Communications article № 0813 Academic journal http://www.mtc-aj.com MARMARAY PROJECT Selçuk Duranlar selcukduranlar@hotmail.com Trakya University, Edirne Vocational High School of Social Sciences TURKEY Key words: Marmaray Project,İstanbul, Europa, Asia Abstract: Marmaray Project, which is one of the most important projects in the world, in Istanbul, to sustain a healthy urban life the citizens of a modern city life and urban...»

«Health and Safety Executive An investigation into the use of plasterboard manual handling aids in the GB construction industry and factors helping and hindering the practicability of their application Prepared by the Health and Safety Laboratory for the Health and Safety Executive 2010 RR812 Research Report Health and Safety Executive An investigation into the use of plasterboard manual handling aids in the GB construction industry and factors helping and hindering the practicability of their...»

«FINAL UPDATED PETROLEUM HYDROCARBON FRACTION TOXICITY VALUES FOR THE VPH/EPH/APH METHODOLOGY Prepared for: Bureau of Waste Site Cleanup Massachusetts Department of Environmental Protection Boston, MA Prepared by: Office of Research and Standards Massachusetts Department of Environmental Protection Boston, MA November 2003 PREFACE In 1994 the Massachusetts Department of Environmental Protection (MA DEP) described a new approach for the evaluation of human health risks from ingestion exposures to...»

«Healthy Housing, Healthy Communities, Healthy Lives Making New York City’s affordable housing a healthier place to live, connecting residents to the broader community, and strengthening opportunity in neighborhoods. Thursday, February 12, 2015 | 2:00-7:00 p.m. | New York University School of Law Sponsored by JPMorgan Chase HealthyHousing, Housing, Healthy HealthyCommunities, Communities, Healthy Healthy Lives Healthy Lives Making New York City’s affordable housing a healthier place to...»

«2016 NATIONAL CONFERENCE SEPTEMBER 14-18 | ARLINGTON, VA ACHIEVING DIVERSITY IN THE HEALTHCARE WORKFORCE: A POLITICAL CHOICE, A MORAL OBLIGATION MICHAEL ERIC DYSON, PhD KEYNOTE SPEAKER FRIDAY SEPT. 16 BEST-SELLING AUTHOR / SCHOLAR / CULTURAL CRITIC Dr. Michael Eric Dyson – who is an American Book Award recipient and two-time NAACP Image Award winner – is one of the nation’s most influential and renowned public intellectuals. He has been named one of the 150 most powerful African...»





 
<<  HOME   |    CONTACTS
2017 www.abstract.dislib.info - Abstracts, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.