Marriage, Free Exercise, and the Constitution
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Stability and Change in Predictors of Marital Dissolution in the US 1950‐2015: the Rise of Family Inequality
Stability and Change in Predictors of Marital Dissolution in the US 1950‐2015: The Rise of Family Inequality ©Michael J. Rosenfeld, 2019 Draft Date: 8/2/2019 Michael J.Rosenfeld* Katharina Roesler† Presented at the American Sociological Association meetings in New York August, 2019 * Michael J. Rosenfeld, Department of Sociology, Stanford University, 450 Serra Mall, Stanford, CA 94305. Email: [email protected]. Web: www.stanford.edu/~mrosenfe. Roesler, with feedback from Rosenfeld, prepared (with substantial commitment of time) the harmonized NSFG event history dataset used in the paper. Rosenfeld, with feedback from Roesler, performed the analyses and wrote the paper. Thanks to Soomin Kim, Sonia Hausen, Meghan Warner, Taylor Orth, and Stanford’s Graduate Family Workshop for comments on previous drafts. † Katharina Roesler, Quora Inc., email: [email protected]. Abstract: In this paper, we examine change and stability in the predictors of marital dissolution using 7 decades of data from the National Survey of Family Growth. We find interraciality and premarital cohabitation to have had a stable association with marital dissolution over time. In the post‐2000 era, marital dissolution rates between some high status groups (women with college degrees and women from intact families) have diverged from the marital dissolution rates of lower status groups, indicating increasing inequality in the family system. The divorce gap between black women and white women narrowed after the Civil Rights gains of the 1960s, but after 2000 the racial divorce gap has seemed to widen again. Stability and Change in Predictors of Marital Dissolution in the US 1950‐2015: The Rise of Family Inequality Introduction: From the 1950s to 2015, American patterns of marriage and divorce have undergone enormous change. -
CO U S I N M a R R I a G E Must Ultimately Be Deduced from The
N I N E GI LYA K CO U S I N MA R R I A G E A N D MO R G A N’S HY P O T H E S I S1 [113–129; 155–159, 168–185, 159–167; 219–235; 114–124] C O U S I N M A R R I A G E must ultimately be deduced from the realization that close blood marriage between close blood relatives is harmful. We have seen that primitive man, for a number of reasons (be they religious conservatism, ideas associated with ances- tor worship, or the desire for a peaceful organization of marriage), did not pass direct- ly from marriage between brother and sister to marriage between remote relations or strangers. Our goal in this chapter is to trace the genetic link between the Gilyak system and that of Australia, to see how the Gilyak diverged from the Australian sys- tem at the stage when marriage between two-sided first-cousins first began to come into disrepute [114].2 The great transformation towards exogamous marriage took place with extrem e slowness. Thus, as is the case even now among the Australian natives, the first form of exogamy adopted was that of enforced marriage between children of brother and sister. As the marriages occur uniformly from generation to generation, the group, in matrimonial orde r , is necessarily divided into two moieties which, following the gen- erations, exchange their women by cross-cousin marriage. In its application to indi- vidual families, this system requires that the son of a brother marry the latter’s sis- ter’s daughter, and conversely, the son of a sister, the latter’s brother’s daughter. -
Understanding Marriage and Families Across Time and Place M01 ESHL8740 12 SE C01.QXD 9/14/09 5:28 PM Page 3
M01_ESHL8740_12_SE_C01.QXD 9/14/09 5:28 PM Page 2 part I Understanding Marriage and Families across Time and Place M01_ESHL8740_12_SE_C01.QXD 9/14/09 5:28 PM Page 3 chapter 1 Defining the Family Institutional and Disciplinary Concerns Case Example What Is a Family? Is There a Universal Standard? What Do Contemporary Families Look Like? Ross and Janet have been married more than forty-seven years. They have two chil- dren, a daughter-in-law and a son-in-law, and four grandsons. Few would dispute the notion that all these members are part of a common kinship group because all are related by birth or marriage. The three couples involved each got engaged, made a public announcement of their wedding plans, got married in a religious ceremony, and moved to separate residences, and each female accepted her husband’s last name. Few would question that each of these groups of couples with their children constitutes a family, although a question remains as to whether they are a single family unit or multiple family units. More difficult to classify are the families of Vernon and Jeanne and their chil- dren. Married for more than twenty years, Vernon and Jeanne had four children whom have had vastly different family experiences. Their oldest son, John, moved into a new addition to his parents’ house when he was married and continues to live there with his wife and three children. Are John, his wife, and his children a separate family unit, or are they part of Vernon and Jeanne’s family unit? The second child, Sonia, pursued a career in marketing and never married. -
Penumbras, Privacy, and the Death of Morals-Based Legislation: Comparing U.S
Fordham International Law Journal Volume 27, Issue 1 2003 Article 12 Penumbras, Privacy, and the Death of Morals-Based Legislation: Comparing U.S. Constitutional Law with the Inherent Right of Privacy in Islamic Jurisprudence Seema Saifee∗ ∗ Copyright c 2003 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Penumbras, Privacy, and the Death of Morals-Based Legislation: Comparing U.S. Constitutional Law with the Inherent Right of Privacy in Islamic Jurisprudence Seema Saifee Abstract In an effort to separate the Islamic regulatory scheme with respect to the criminalization of consensual sexual conduct from the caricature espoused by many Western thinkers, this Note pro- vides a comparative analysis of the criminalization of private consensual sexual conduct in Islamic law and U.S. constitutional jurisprudence on the right of privacy. Part I provides a brief background of Islamic and U.S. criminal regulations on consensual sex and outlines the evolution of consti- tutional privacy jurisprudence in the U.S. Supreme Court. Part II first examines the evidentiary and procedural requirements pertaining to the criminalization of consensual sexual intercourse in Islamic law, explores the consequences of transgressing these evidentiary requirements, and ana- lyzes the theological and privacy-related constraints on initiating suits for engaging in such private conduct. Part II then applies these regulations to the recent case of Amina Lawal in northern Nigeria, and analyzes Islamic regulations governing sexual activity not amounting to intercourse. Finally, Part II examines an alternative reading of the U.S. Supreme Court’s current analysis of privacy as articulated in Lawrence v. -
E Boyd and Kendra Daniels Version 9
POLYGYNY ACCORDING TO THE WORD OF YEHOVAH E Boyd and Kendra Daniels Version 9 Artist Claudia Tremblay - 2 - Version 9 Table of Contents POLYGYNY ACCORDING TO THE WORD OF YEHOVAH ........................................................ - 1 - Definitions............................................................................................................................................. - 5 - Introduction ........................................................................................................................................... - 6 - The Scriptures We Have Found Regarding Polygyny and Our Comments ........................................ - 19 - Genesis 1 – Be Fruitful and Multiply ............................................................................................. - 19 - Genesis 2 – Creation of a Help Meet .............................................................................................. - 19 - Genesis 2 – One Flesh .................................................................................................................... - 21 - Genesis 4 – Lamek Protected After Killing a Man ......................................................................... - 21 - Genesis 20 – King Avimelech Blameless for Taking Another Wife .............................................. - 21 - - Helps the Unloved Wife ..................................................................................... - 22 יהוה – Genesis 29 Genesis 30 – Elohim Blesses Lĕ’ah for Giving Jacob a Wife ....................................................... -
United States District Court Southern District of Ohio Western Division
Case: 1:13-cv-00501-TSB Doc #: 65 Filed: 12/23/13 Page: 1 of 50 PAGEID #: <pageID> UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JAMES OBERGEFELL, et al., : Case No. 1:13-cv-501 Plaintiffs, : Judge Timothy S. Black : vs. : : THEODORE E. WYMYSLO, M.D., et al., : Defendants. : FINAL ORDER GRANTING PLAINTIFFS’ MOTION FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTION This civil case is before the Court for final decision on Plaintiffs’ Motion for Declaratory Judgment and Permanent Injunction (Doc. 53), the record evidence (Docs. 34, 42-47, 61; see Appendix at pp. 49-50i), Defendants’ memorandum in opposition (Doc. 56), Plaintiffs’ reply (Doc. 62), and oral argument held on December 18, 2013. Plaintiffs include two individuals who entered into legal same-sex marriages in states that provide for such marriages and have been denied recognition of those legal marriages on their spouses’ death certificates by the State of Ohio. Plaintiffs seek a declaratory judgment that, as applied to them, Ohio’s ban on the recognition of legal same-sex marriages granted in other states is unconstitutional; and, therefore, that a permanent injunction compelling Defendants and their officers to recognize Plaintiffs’ marriages on Ohio death certificates is required under the law and the evidence. Also present as a Plaintiff is Robert Grunn, an Ohio funeral director, who seeks a declaration of his rights and duties when preparing death certificates for individuals in same-sex marriages. Defendants are the local and state officers responsible -
Legislating First Cousin Marriage in the Progressive Era
KISSING COUSINS: LEGISLATING FIRST COUSIN MARRIAGE IN THE PROGRESSIVE ERA Lori Jean Wilson Consanguineous or close-kin marriages are older than history itself. They appear in the religious texts and civil records of the earliest known societies, both nomadic and sedentary. Examples of historical cousin-marriages abound. However, one should not assume that consanguineous partnerships are archaic or products of a bygone era. In fact, Dr. Alan H. Bittles, a geneticist who has studied the history of cousin-marriage legislation, reported to the New York Times in 2009 that first-cousin marriages alone account for 10 percent of global marriages.1 As of 2010, twenty-six states in the United States permit first cousin marriage. Despite this legal acceptance, the stigma attached to first-cousin marriage persists. Prior to the mid- nineteenth century, however, the American public showed little distaste toward the practice of first cousin marriage. A shift in scientific opinion emerged in the mid-nineteenth century and had anthropologists questioning whether the custom had a place in western civilization or if it represented a throwback to barbarism. The significant shift in public opinion however, occurred during the Progressive Era as the discussion centered on genetics and eugenics. The American public vigorously debated whether such unions were harmful or beneficial to the children produced by first cousin unions. The public also debated what role individual states, through legislation, should take in restricting the practice of consanguineous marriages. While divergent opinions emerged regarding the effects of first cousin marriage, the creation of healthy children and a better, stronger future generation of Americans remained the primary goal of Americans on both sides of the debate. -
Inside Interracial Marriages: Accounts of Black-White Couples
INSIDE INTERRACIAL MARRIAGES: ACCOUNTS OF BLACK-WHITE COUPLES By Angela S. Donnell Thesis submitted to the Faculty of Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE in Family and Child Development Approved: ____________________________ Gloria W. Bird, Ph.D. ___________________________ ____________________________ Cosby S. Rogers, Ph.D. Michael J. Sporakowski, Ph.D. December, 1998 Blacksburg, Virginia i INSIDE INTERRACIAL MARRIAGES: ACCOUNTD OF BLACK-WHITE COUPLES By Angela S. Donnell (ABSTRACT) The purpose of this qualitative study was to investigate the chronic daily concerns that eight self-identified Black-White interracial couples described as stressful and to identify the coping strategies that they utilized to reduce feelings of distress. Another goal of this study was to discover the actions that these eight couples took to maintain marital satisfaction. This investigation consisted of a total of 24 interviews, 16 individual and 8 couple interviews, based on the research questions guided by stress and coping theory. Couples identified three chronic stressors: Worrying About Children, Wanting to be Accepted, and Building a Successful Marriage; Nine coping strategies were identified: Distancing, Putting Family First, Problem-Solving, Accepting of Problems, Having Faith in God, Denial, Communicating With Spouse, Positive Reframing/Reflecting, and Escaping. Five maintenance behaviors were identified as well: Having Couple/Family Time, Communicating, Being Considerate, Getting Away Together, and Planning/Remembering Special Occasions. ii Acknowledgments There are many people that I wish to thank for helping me through the process of completing this study. I thank the members of my committee, Dr. Cosby Rogers and Dr. -
Marriage Outlaws: Regulating Polygamy in America
Faucon_jci (Do Not Delete) 1/6/2015 3:10 PM Marriage Outlaws: Regulating Polygamy in America CASEY E. FAUCON* Polygamist families in America live as outlaws on the margins of society. While the insular groups living in and around Utah are recognized by mainstream society, Muslim polygamists (including African‐American polygamists) living primarily along the East Coast are much less familiar. Despite the positive social justifications that support polygamous marriage recognition, the practice remains taboo in the eyes of the law. Second and third polygamous wives are left without any legal recognition or protection. Some legal scholars argue that states should recognize and regulate polygamous marriage, specifically by borrowing from business entity models to draft default rules that strive for equal bargaining power and contract‐based, negotiated rights. Any regulatory proposal, however, must both fashion rules that are applicable to an American legal system, and attract religious polygamists to regulation by focusing on the religious impetus and social concerns behind polygamous marriage practices. This Article sets out a substantive and procedural process to regulate religious polygamous marriages. This proposal addresses concerns about equality and also reflects the religious and as‐practiced realities of polygamy in the United States. INTRODUCTION Up to 150,000 polygamists live in the United States as outlaws on the margins of society.1 Although every state prohibits and criminalizes polygamy,2 Copyright © 2014 by Casey E. Faucon. * Casey E. Faucon is the 2013‐2015 William H. Hastie Fellow at the University of Wisconsin Law School. J.D./D.C.L., LSU Paul M. Hebert School of Law. -
Emerging Paradigms in Critical Mixed Race Studies G
Emerging Paradigms in Critical Mixed Race Studies G. Reginald Daniel, Laura Kina, Wei Ming Dariotis, and Camilla Fojas Mixed Race Studies1 In the early 1980s, several important unpublished doctoral dissertations were written on the topic of multiraciality and mixed-race experiences in the United States. Numerous scholarly works were published in the late 1980s and early 1990s. By 2004, master’s theses, doctoral dissertations, books, book chapters, and journal articles on the subject reached a critical mass. They composed part of the emerging field of mixed race studies although that scholarship did not yet encompass a formally defined area of inquiry. What has changed is that there is now recognition of an entire field devoted to the study of multiracial identities and mixed-race experiences. Rather than indicating an abrupt shift or change in the study of these topics, mixed race studies is now being formally defined at a time that beckons scholars to be more critical. That is, the current moment calls upon scholars to assess the merit of arguments made over the last twenty years and their relevance for future research. This essay seeks to map out the critical turn in mixed race studies. It discusses whether and to what extent the field that is now being called critical mixed race studies (CMRS) diverges from previous explorations of the topic, thereby leading to formations of new intellectual terrain. In the United States, the public interest in the topic of mixed race intensified during the 2008 presidential campaign of Barack Obama, an African American whose biracial background and global experience figured prominently in his campaign for and election to the nation’s highest office. -
The Modern Opinions Regarding Polygamy of Married Men and Women in Dakar
SIT Graduate Institute/SIT Study Abroad SIT Digital Collections Independent Study Project (ISP) Collection SIT Study Abroad Fall 2013 The oM dern Opinions Regarding Polygamy of Married Men and Women in Dakar Hannah Fried-Tanzer SIT Study Abroad Follow this and additional works at: https://digitalcollections.sit.edu/isp_collection Part of the Family, Life Course, and Society Commons Recommended Citation Fried-Tanzer, Hannah, "The odeM rn Opinions Regarding Polygamy of Married Men and Women in Dakar" (2013). Independent Study Project (ISP) Collection. 1680. https://digitalcollections.sit.edu/isp_collection/1680 This Unpublished Paper is brought to you for free and open access by the SIT Study Abroad at SIT Digital Collections. It has been accepted for inclusion in Independent Study Project (ISP) Collection by an authorized administrator of SIT Digital Collections. For more information, please contact [email protected]. 1 The Modern Opinions Regarding Polygamy of Married Men and Women in Dakar Fried-Tanzer, Hannah Academic Director: Diallo, Souleye Project Adviser: Gaye, Rokhaya George Washington University French and Anthropology Senegal, Dakar Submitted in partial fulfillment of the requirements for Senegal: National Identity and the Arts Program SIT Study Abroad, Fall 2013 2 Table of Contents Abstract 2 Introduction and Historical Context 3 Methodology 9 Findings/Interviews 11 Monogamy 11 Polygamy 13 Results and Analysis 21 Misgivings 24 Challenges 25 Conclusion 25 Works Cited 27 Interviews Cited 29 Appendix A: Questionnaire 30 Appendix B: Time Log 31 3 Abstract Polygamy is the practice in which a man takes multiple wives. While it is no longer legal in certain countries, it is still allowed both legally and religiously in Senegal, and is still practiced today. -
L¿Amour for Four: Polygyny, Polyamory, and the State¿S Compelling Economic Interest in Normative Monogamy
Emory Law Journal Volume 64 Issue 6 Paper Symposium — Polygamous Unions? Charting the Contours of Marriage Law's Frontier 2015 L¿Amour for Four: Polygyny, Polyamory, and the State¿s Compelling Economic Interest in Normative Monogamy Jonathan A. Porter Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Jonathan A. Porter, L¿Amour for Four: Polygyny, Polyamory, and the State¿s Compelling Economic Interest in Normative Monogamy, 64 Emory L. J. 2093 (2015). Available at: https://scholarlycommons.law.emory.edu/elj/vol64/iss6/11 This Comment is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. PORTER GALLEYSPROOFS 5/19/2015 2:36 PM L’AMOUR FOR FOUR: POLYGYNY, POLYAMORY, AND THE STATE’S COMPELLING ECONOMIC INTEREST IN NORMATIVE MONOGAMY ABSTRACT Some Americans are changing the way they pair up, but others aren’t satisfied with pairs. In the last few years, while voters, legislatures, and judiciaries have expanded marriage in favor of same-sex couples, some are hoping for expansion in a different dimension. These Americans, instead of concerning themselves with gender restrictions, want to remove numerical restrictions on marriage currently imposed by states. These people call themselves polyamorists, and they are seeking rights for their multiple-partner relationships. Of course, polygamy is nothing new for the human species. Some scientists believe that polygamy is actually the most natural human relationship, and history is littered with a variety of approaches to polygamous relations.