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The Defense of Marriage Act: Congress' use of narrative in the debate over same-sex marriage

Article Abstract:

Congress recited heterosexual narratives when passing the the Defense of Marriage Act of 1996 (DOMA) to suppress the emerging narratives of homosexuals. In allowing state governments to not recognize same-sex marriages, Congress utilized the seldom used full faith and credit clause of the Constitution. The narratives and DOMA's passage were misplaced acts of ignorance against a misperceived social threat from homosexuals and formal acts of discrimination against a specific segment of American society.

Author: Butler, Charles J.
Publisher: New York University Law Review
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1998
Discrimination against gays, Full faith and credit (Law)

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All about work: early understandings of the "judicial power" in statutory interpretation, 1776-1806

Article Abstract:

The author discusses the background of statutory interpretation in English law, state court interpretive practice during the US revolutionary period, and early statutory practice by federal judges during the early post-revolutionary period. Academic arguments about the relationship between text and context are examined.

Author: Eskridge, William N., Jr.
Publisher: Columbia Law Review
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2001
United Kingdom, Interpretation and construction, Constitutional law, Constitutional interpretation

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No promo homo: the sedimentation of antigay discourse and the channeling effect of judicial review

Article Abstract:

The author discusses the evolution of traditional argments opposed to laws favoring gay rights and homosexual conduct. Topics include same-sex marriage bars, stereotypes, group rhetoric, and group identity.

Author: Eskridge, William N., Jr.
Publisher: New York University Law Review
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2000
Gays

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Subjects list: United States, Laws, regulations and rules, Same-sex marriage
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