Tag Archives: Topic: Legal Periodical

Stacy A. Scaldo, Life, Death & the God Complex: The Effectiveness of Incorporating Religion-Based Arguments Into the Pro-Choice Perspective on Abortion, 39 Northern Kentucky Law Review 421-465 (2012).

Egger, Jeremiah, Glucksberg, Lawrence, and the Decline of Loving’s Marriage Precedent (May 2012). Virginia Law Review, Vol. 98, December 2012, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2124739

Brownlee, Kimberley, Conscientious Objection and Civil Disobedience (June 25, 2012). Warwick School of Law Research Paper No. 2012/15. Available at SSRN: http://ssrn.com/abstract=2091045

Myers, Richard S., Assessing the Legal Bases for Conscientious Objection in Healthcare (May 7, 2008). LIFE AND LEARNING XVIII: THE PROCEEDINGS OF THE EIGHTEENTH UNIVERSITY FACULTY FOR LIFE CONFERENCE 57-82 (J. Koterski ed. 2011). Available at SSRN: http://ssrn.com/abstract=2093522

Elizabeth K. (Betsy) Dorminey, Veiled Meaning: Tolerance and Prohibition of the Hijab in the U.S. and France, Engage Volume 13, Issue 1 (March 2012)

Carl Esbeck, A Religious Organization’s Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment, Engage Vol. 13 Issue 1 (2012)

In the second week of January, the U.S. Supreme Court handed down its unanimous decision in Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission.1 The case involved a fourth-grade teacher, Cheryl Perich, suing her employer, a church-based school, alleging retaliation for having asserted her rights under the Americans with Disability Act (ADA). . . .

Tracey, Timothy J., Christian Legal Society v. Martinez: In Hindsight (August 12, 2011). University of Hawaii Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2065437

Holzer, Erica A., Defense of Marriage Acts: A Fifty State Survey (March 5, 2012). Available at SSRN: http://ssrn.com/abstract=2060600 or http://dx.doi.org/10.2139/ssrn.2060600

Simson, Gary J., Religion by Any Other Name? Prohibitions on Same-Sex Marriage and the Limits of the Establishment Clause (May, 07 2012). Columbia Journal of Gender and Law, Vol. 23, p. 132, 2012. Available at SSRN: http://ssrn.com/abstract=2053614

Augusto Zimmermann and Lael Daniel Weinberger, “Secularization by Law? The Establishment Clauses and Religion in the Public Square in Australia and the United States,” International Journal of Constitutional Law 10 (2012): 208-241. http://icon.oxfordjournals.org/content/10/1/208.abstract While there is an enormous body of …

Leah Farish, The First Amendment’s Religion Clauses: The Calvinist Document That Interprets Them Both, 12 J. of Religion & Society 1 (2010), Online: http://moses.creighton.edu/JRS/2010/2010-2.pdf.

This paper suggests that the Westminster Confession of Faith’s provisions about church and state, revised in Philadelphia at the start of the Constitution’s ratifying convention, furnished much of the syntax and vocabulary for the First Amendment’s religion clauses. Recognizing
the cultural links between the new American government and the Presbyterian Church, the author argues that it was natural for the founders to look to how the new Westminster Confession situated church and state. The author argues that Fisher Ames’s proposed wording for the First Amendment won immediate adoption because it resonated with the Confession, standing as it did in that culture for unity and good sense.

Feinberg, Jessica, Exposing the Traditional Marriage Agenda (January 9, 2012). Northwestern Journal of Law and Social Policy, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1982025

The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has proven successful for anti-same-sex marriage campaigns. However, same-sex marriage opponents rarely have been challenged with regard to the meaning of “traditional marriage.” In exploring the history of marriage within the United States, it becomes clear that, contrary to the understanding of the term held by the general public, traditional marriage consists of much more than opposite-sex spouses. The requirements of traditional marriage also include permanence, gender roles, monogamy, and procreation. As it turns out, the leading anti-same-sex marriage organizations are well aware of these other requirements of traditional marriage and do a significant amount of work to protect them – work about which the public remains largely unaware. This Article argues that exposing the true meaning of traditional marriage and the leading anti-same-sex marriage organizations’ efforts to protect the other requirements of traditional marriage would be a helpful strategy for pro-same-sex marriage campaigns. Specifically, it would give same-sex marriage proponents an effective response to the argument that people should vote against same-sex marriage in order to protect traditional marriage and provide pro-same-sex marriage campaigns with a compelling new way to frame the issue.

Nichols, Joel A., Marriage and Divorce in a Multicultural Context: Table of Contents and Introduction (2011). MARRIAGE AND DIVORCE IN A MULTICULTURAL CONTEXT: MULTI-TIERED MARRIAGE AND THE BOUNDARIES OF CIVIL LAW AND RELIGION, Joel A. Nichols, ed., Cambridge University Press, 2012; U of St. Thomas Legal Studies Research Paper No. 11-36. Available at SSRN: http://ssrn.com/abstract=1957847

Garcimartin, Carmen, Education in the Secular State: Whose Right is it? (November 4, 2011). International Journal of the Jurisprudence of the Family, Vol. 2, 2011 . Available at SSRN: http://ssrn.com/abstract=1954843