By Susan Gluck Mezey
Susan Gluck Mezey's most recent booklet, homosexual households and the Courts, is a compelling exam of the function of the country and federal courts in furthering the ambitions of the homosexual and lesbian neighborhood. not like Mezey's past publication, Queers in court docket, this publication evaluates the level to which litigation is valuable in advancing equivalent rights for homosexual families_families within which a minimum of one member is gay_as they search to extend their possibilities and conflict discrimination. Mezey indicates how the courts deal with homosexual and lesbian rights and sexual orientation in faculties and social corporations akin to the Boy Scouts in addition to family-oriented difficulties akin to marriage and parenthood. In doing so, Mezey emphasizes the complexity of the problems interested by the situations, and assesses the measure to which the result of the litigation is defined via the kind of case, the kind of courtroom, and the judge's belief of his or her function as a policymaker. it's a important reference for students drawn to judicial, legislative, and government policymaking on the federal and kingdom point in addition to an individual attracted to LGBT politics.
Read Online or Download Gay Families and the Courts: The Quest for Equal Rights PDF
Similar constitutional law books
The Migration of Constitutional Ideas
The migration of constitutional principles throughout jurisdictions is likely one of the imperative beneficial properties of latest constitutional perform. The expanding use of comparative jurisprudence in analyzing constitutions is one instance of this. during this 2007 publication, major figures within the learn of comparative constitutionalism and comparative constitutional politics from North the United States, Europe and Australia speak about the dynamic procedures wherein constitutional platforms impact one another.
Economics, Law and Individual Rights
This is often the 1st ebook to check person rights from an monetary point of view, gathering jointly best articles during this rising niche and displaying the colourful and increasing scholarship that relates them. components lined contain - the consequences of constitutional protections of person rights and freedoms, together with freedom of speech and of the clicking, - the suitable to endure palms, - the correct opposed to unreasonable searches, - the correct opposed to self-incrimination, - the ideal to trial by way of jury, - the fitting opposed to merciless and strange punishment, together with capital punishment.
Understanding the European Constitution: An Introduction to the EU Constitutional Treaty
The eu Union is now getting into a vital section because the ratification method hurries up and key debates and referenda happen in current and in all likelihood new member states. The Union’s Constitutional treaty is usually solid as both a blueprint for a centralized and protectionist super-state or because the triumph of Anglo-Saxon economics.
Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
Curiosity in constitutionalism and within the dating between constitutions, nationwide id, and ethnic, spiritual, and cultural variety has soared because the cave in of socialist regimes in japanese Europe and the previous Soviet Union. seeing that global struggle II there has additionally been a proliferation of latest constitutions that range in different crucial respects from the yank structure.
- The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law (Cambridge Studies in Constitutional Law)
- Corwin and Peltason's Understanding the Constitution
- Comparative Constitutions, 1st Edition
- Constitutionalism of the Global South: The Activist Tribunals of India, South Africa, and Colombia
- Age as an Equality Issue: Legal and Policy Perspectives
Additional resources for Gay Families and the Courts: The Quest for Equal Rights
Example text
F. 67 Supreme Court Justice Stephan Zappala delivered the unanimous opinion of the court. He began by noting that as a creature of the legislature, adoption law must be strictly interpreted; however, he was persuaded that a 1982 amendment permitted a court to circumvent the mandatory language of the act “for good cause shown” (1201). ” The court agreed that they must be given an opportunity to explain why they could not conform to the act and that the court must be permitted to waive the termination requirement if a waiver is in the child’s best interests.
The Family Council was also largely responsible for the anti-gay marriage amendment passed earlier (Seattle Post-Intelligencer November 6, 2008; Arkansas News Bureau 2008). ” But, he said, more broadly, it was also aimed at “blunting a gay agenda that we see at work in other states with regard to marriage and adoption issues” (New York Times November 9, 2008). 39 But despite their pressing needs, some states preclude gays from serving as foster parents by making heterosexuality a basis for eligibility; at times they do this through child welfare agency regulations and at other times by legislative decree.
Republican Governor Mike Huckabee deplored the opinion. “I’m very disappointed,” he said, “that the court seems more interested in what’s good for gay couples than what’s good for children needing foster care” (Washington Post July 1, 2006). The next year, in March 2007, the Arkansas House Judiciary Committee rejected a bill that would have banned gay people and most unmarried heterosexual couples living together from adopting or serving as foster parents (Stephens Media Group March 13, 2007). 43 In 1995, claiming that she was filling a gap in the regulations, the Nebraska director of social services instructed her agency to refrain from placing children “in the homes of persons who identify themselves as homosexuals” or “where unrelated, unmarried adults reside together” (Omaha World-Herald January 26, 1995).