scholarly journals Same-Sex Marriage: Exploring the Implications of Obergefell v Hodges on the Philippines’ Muslim Law of Marriage and the 1987 Constitution

2017 ◽  
Vol 25 (2) ◽  
pp. 197-227
Author(s):  
Norhabib Bin Suod Sumndad Barodi
Keyword(s):  
United States ◽  
Legal System ◽  
The United States ◽  
The Philippines ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Academic Effort ◽  
Traditional Definition ◽  
Definition Of ◽  
The U.S

In view of the recent development brought about by the decision of the U.S. Supreme Court in Obergefell v. Hodges, jurisdictions that retain the traditional definition of marriage have sufficient reasons to revisit the concept of marriage under their own laws. This article is an academic effort to explore whether the traditional or historic definition of marriage adopted in the Philippines, as articulated in its Constitution and other pertinent laws like the Code of Muslim Personal Laws of the Philippines can withstand the new norm that Obergefell established in the legal system or constitutionalism of the United States. It attempts to project how the issue of same-sex marriage would be treated and decided in the Philippine context had it been an issue for which the Philippine legal system or constitutionalism is made to respond. This article emphasizes the incompatibility of the Obergefell decision with the Islamic definition of marriage and finds that the same decision is not entirely square with how the issue of same-sex marriage will be dealt with in Philippine constitutionalism.

Introduction

2019 ◽  
pp. 1-23
Author(s):  
Charles Gardner Geyh
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The U.S

Chapter 1 introduces the long-standing debate over how best to select judges in the United States and summarizes the positions of the disputants to the end of exposing the interminable and seemingly unresolvable nature of that debate. When a court issues a decision that at least some of the population finds objectionable, the fate of its judges may depend on whether they are appointed or elected. To illustrate, the chapter contrasts the lack of impact on the U.S. Supreme Court justices from any backlash in their upholding same-sex marriage in Obergefell v. Hodges versus the failure in retention elections of Iowa Supreme Court justices following their upholding same-sex marriage in Varnum v. Brien.

Confucianism and Same-Sex Marriage

2020 ◽  
pp. 1-27
Author(s):  
Tongdong Bai
Keyword(s):  
United States ◽  
Supreme Court ◽  
Mainland China ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Majority Opinion ◽  
Confucian Values ◽  
The U.S

Abstract In the majority opinion by the U.S. Supreme Court over same-sex marriage, a claim by Confucius was quoted, which led to an uproar among Confucian scholars in mainland China. In this article, I will first explain the background of the debate over same-sex marriage in the United States, and why Confucius's claim was quoted. I will then show how a contemporary Confucian philosopher Zhang Xianglong addressed the issue of same-sex marriage from a Confucian perspective. In my view, compared with other mainland Confucians' responses, Zhang's are one of the most scholarly and moderate responses that nevertheless follow Confucian values. But he eventually rejected same-sex marriage on the Confucian ground. I will argue that, based on some Confucian values and principles which are shared by Zhang, we can answer Zhang's concerns with same-sex marriage, thus offering an even more moderate Confucian stance that accepts same-sex marriage. But this stance is still different from the typical liberal one. We will also see that, in order to accept same-sex marriage, it is the liberals, not the Confucians, who will have to deal with an issue—the acceptance of polygamy—that poses a serious challenge to the principle of equality, which is fundamental to some liberals.

Questions

2018 ◽  
Author(s):  
James L. Gibson ◽  
Michael J. Nelson
Keyword(s):  
United States ◽  
African Americans ◽  
Supreme Court ◽  
Legal System ◽  
Public Support ◽  
The United States ◽  
Future Research ◽  
White Americans ◽  
Two Factors ◽  
The U.S

We have investigated the differences in support for the U.S. Supreme Court among black, Hispanic, and white Americans, catalogued the variation in African Americans’ group attachments and experiences with legal authorities, and examined how those latter two factors shape individuals’ support for the U.S. Supreme Court, that Court’s decisions, and for their local legal system. We take this opportunity to weave our findings together, taking stock of what we have learned from our analyses and what seem like fruitful paths for future research. In the process, we revisit Positivity Theory. We present a modified version of the theory that we hope will guide future inquiry on public support for courts, both in the United States and abroad.

scholarly journals Immunizing the Flock: How the Pandemic Court Rewrote Religious Freedom

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 12
Author(s):  
Paul Baumgardner
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal System ◽  
Religious Freedom ◽  
The United States ◽  
Religious Practices ◽  
The Past ◽  
The U.S

When coronavirus began to descend upon the United States, religious freedom advocates across the country sounded the alarm that citizens’ religious practices and institutions were under threat. Although some of the most extreme arguments championed by these advocates were not validated by our legal system, many were. This article explores the underappreciated gains made by religious freedom advocates before the U.S. Supreme Court over the past year. As a result of the “Pandemic Court”, religious freedom in the United States has been rewritten. This promises to radically change the educational, employment, and health prospects of millions of Americans for the rest of the pandemic and long afterwards.

Negotiating American Indian Inclusion: Sovereignty, Same-Sex Marriage, and Sexual Minorities in Indian Country

2017 ◽  
Vol 41 (2) ◽  
pp. 1-21
Author(s):  
Valerie Lambert
Keyword(s):  
United States ◽  
American Indian ◽  
American Indians ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Domestic Relations ◽  
Indian Country ◽  
Marriage Laws ◽  
And Gender

American Indians are often overlooked in the story of the struggle for marriage equality in the United States. Using anthropological approaches, this article synthesizes and extends scholarly knowledge about Native participation in this struggle. With sovereign rights to control their own domestic relations, tribes have been actively revising their marriage laws, laws that reflect the range of reservation climates for sexual and gender-identity minorities. Debates in Indian Country over the rights of these minorities and over queering marriage bring to the fore issues that help define the distinctiveness of Native participation in the movement. These include issues of “tradition,” “culture,” and Christianity.

scholarly journals Moving a Mountain: The Extraordinary Trajectory of Same-Sex Marriage Approval in the United States

2017 ◽  
Vol 3 ◽  
pp. 237802311772765 ◽  
Author(s):  
Michael J. Rosenfeld
Keyword(s):  
United States ◽  
Public Opinion ◽  
Gay Rights ◽  
General Social Survey ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Small Set ◽  
Using Data ◽  
Election Studies

Most public opinion attitudes in the United States are reasonably stable over time. Using data from the General Social Survey and the American National Election Studies, I quantify typical change rates across all attitudes. I quantify the extent to which change in same-sex marriage approval (and liberalization in attitudes toward gay rights in general) are among a small set of rapid changing outliers in surveyed public opinions. No measured public opinion attitude in the United States has changed more and more quickly than same-sex marriage. I use survey data from Newsweek to illustrate the rapid increase in the 1980s and 1990s in Americans who had friends or family who they knew to be gay or lesbian and demonstrate how contact with out-of-the-closet gays and lesbians was influential. I discuss several potential historical and social movement theory explanations for the rapid liberalization of attitudes toward gay rights in the United States, including the surprising influence of Bill Clinton’s 1992 presidential campaign.

scholarly journals International Law in the US Legal System

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
Foreign Affairs ◽  
Sovereign Immunity ◽  
War Powers ◽  
Jus Cogens ◽  
The U.S

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional Founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

Children of Same-Sex Couples

2020 ◽  
pp. 230-242
Author(s):  
Debra M. Perez
Keyword(s):  
United States ◽  
Sexual Minority ◽  
The United States ◽  
Family Type ◽  
Blended Families ◽  
Same Sex ◽  
Same Sex Couples ◽  
Shared Experiences ◽  
Definition Of ◽  
Minority People

As the United States becomes more accepting of sexual minority people, more opportunities have become available for same-sex couples to become parents. Blended families with a new stepparent, planned families via insemination, as well as adoption and fostering are changing what defines a family. As the definition of a family changes, so must the ways in which schools interact with each family type. The shared experiences of sexual minority parents and their children are explored, and recommendations for schools are made.

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