The First Amendment, Homosexual Unions, And
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The Lost Generation in American Foreign Policy How American Influence Has Declined, and What Can Be Done About It
September 2020 Perspective EXPERT INSIGHTS ON A TIMELY POLICY ISSUE JAMES DOBBINS, GABRIELLE TARINI, ALI WYNE The Lost Generation in American Foreign Policy How American Influence Has Declined, and What Can Be Done About It n the aftermath of World War II, the United States accepted the mantle of global leadership and worked to build a new global order based on the principles of nonaggression and open, nondiscriminatory trade. An early pillar of this new Iorder was the Marshall Plan for European reconstruction, which British histo- rian Norman Davies has called “an act of the most enlightened self-interest in his- tory.”1 America’s leaders didn’t regard this as charity. They recognized that a more peaceful and more prosperous world would be in America’s self-interest. American willingness to shoulder the burdens of world leadership survived a costly stalemate in the Korean War and a still more costly defeat in Vietnam. It even survived the end of the Cold War, the original impetus for America’s global activ- ism. But as a new century progressed, this support weakened, America’s influence slowly diminished, and eventually even the desire to exert global leadership waned. Over the past two decades, the United States experienced a dramatic drop-off in international achievement. A generation of Americans have come of age in an era in which foreign policy setbacks have been more frequent than advances. C O R P O R A T I O N Awareness of America’s declining influence became immunodeficiency virus (HIV) epidemic and by Obama commonplace among observers during the Barack Obama with Ebola, has also been widely noted. -
Same-Sex Marriage: When Will It Reach Utah? Robert Wintemute
Brigham Young University Journal of Public Law Volume 20 | Issue 2 Article 12 3-1-2006 Same-Sex Marriage: When Will It Reach Utah? Robert Wintemute Follow this and additional works at: https://digitalcommons.law.byu.edu/jpl Part of the Family Law Commons, and the Sexuality and the Law Commons Recommended Citation Robert Wintemute, Same-Sex Marriage: When Will It Reach Utah?, 20 BYU J. Pub. L. 527 (2006). Available at: https://digitalcommons.law.byu.edu/jpl/vol20/iss2/12 This Article is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Brigham Young University Journal of Public Law by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. Same-Sex Marriage: When Will It Reach Utah? Robert Wintemute∗ Attempts to amend constitutions so as to make legal1 marriage impossible for same-sex couples are futile. Amendments of this kind are nothing more than temporary “legal dikes” designed to create “legal islands” in which a heterosexual majority can continue to discriminate against a lesbian and gay minority in relation to access to legal marriage. These amendments seek to strip the gay and lesbian minority of any possibility of seeking protection against such discrimination from either the legislature or the courts. Where such amendments have been adopted, they will eventually be repealed or invalidated, because the “incoming tide,” i.e., the long-term international trend, will eventually bring full legal equality to our fellow human beings who happen to be lesbian and gay individuals, or members of same-sex couples, with or without children. -
The Legal Recognition of Same-Sex Couples in Europe and the Role of the European Court of Human Rights
83 The Legal Recognition of Same-Sex Couples in Europe and the Role of the European Court of Human Rights Jens M. Scherpe1 I. Introduction – It’s Been a Long Road... The legal regulation of family relationships same-sex couples in an increasing number has long been formulated around a “tradi- of jurisdictions, and in others, a form of reg- tional” notion of the family as a unit com- istered partnership is available or de facto prising a heterosexual married couple who relationships of same-sex couples are rec- conceive children within wedlock. This has ognised. But even in Europe, particularly in resulted in the protection mechanisms of the Eastern and South-Eastern Europe, there law focusing on such family units, with other are still many jurisdictions where there is no family forms such as, for example, same-sex legal recognition of same-sex relationships. couples, unmarried couples, couples who are However, in Schalk and Kopf v Austria2 the unable to conceive naturally and single par- European Court of Human Rights (ECtHR) ents failing to have their family relationships recognised that same-sex couples enjoy the adequately recognised and protected in law. right to “respect for family life” protected This often included, at least initially, not rec- by Article 8 of the ECHR, and this article ar- ognising “non-traditional” families’ rights to gues that this mandates some form of legal respect for their family life under Article 8 of recognition of same-sex relationships by all the Convention for the Protection of Human contracting states of the ECHR and paves Rights and Fundamental Freedoms (ECHR). -
Phd Thesis Entitled “A White Wedding? the Racial Politics of Same-Sex Marriage in Canada”, Under the Supervision of Dr
A White Wedding? The Racial Politics of Same-Sex Marriage in Canada by Suzanne Judith Lenon A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department of Sociology and Equity Studies in Education Ontario Institute for Studies in Education of the University of Toronto © Copyright by Suzanne Judith Lenon (2008) A White Wedding? The Racial Politics of Same-Sex Marriage in Canada Doctor of Philosophy, 2008 Suzanne Judith Lenon Department of Sociology and Equity Studies in Education University of Toronto Abstract In A White Wedding? The Racial Politics of Same-Sex Marriage, I examine the inter-locking relations of power that constitute the lesbian/gay subject recognized by the Canadian nation-state as deserving of access to civil marriage. Through analysis of legal documents, Parliamentary and Senate debates, and interviews with lawyers, I argue that this lesbian/gay subject achieves intelligibility in the law by trading in on and shoring up the terms of racialized neo-liberal citizenship. I also argue that the victory of same-sex marriage is implicated in reproducing and securing a racialized Canadian national identity as well as a racialized civilizational logic, where “gay rights” are the newest manifestation of the modernity of the “West” in a post-9/11 historical context. By centring a critical race/queer conceptual framework, this research project follows the discursive practices of respectability, freedom and civility that circulate both widely and deeply in this legal struggle. I contend that in order to successfully shed its historical markers of degeneracy, the lesbian/gay subject must be constituted not as a sexed citizen but rather as a neoliberal citizen, one who is intimately tied to notions of privacy, property, autonomy and freedom of choice, and hence one who is racialized as white. -
Supreme Court of Canada (On Appeal from the Court of Appeal for Ontario)
SCC File No. 37209 SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) BETWEEN: TRINITY WESTERN UNIVERSITY and BRAYDEN VOLKENANT Appellants -and- THE LAW SOCIETY OF UPPER CANADA Respondent -and- ATTORNEY GENERAL OF ONTARIO Intervener -and- START PROUD and OUTLAWS Proposed Intervener MOTION FOR LEAVE TO INTERVENE OF THE PROPOSED INTERVENER, START PROUD and OUTLAWS (Rules 47 and 55 of the Rules ofthe Supreme Court of Canada) GOLDBLATTPARTNERSLLP GOLDBLATTPARTNERSLLP 20 Dundas Street West, Suite 1039 30 Metcalfe Street, Suite 500 Toronto, ON M5G 2C2 Ottawa, ON K1P 5L4 Marlys Edwardh Colleen Bauman Vanessa Payne Email: [email protected] Email: [email protected] Tel: 416-979-4380 Tel: 613-482-2463 Fax: 416-979-4430 Fax: 613-235-3041 2 PAUL JONATHAN SAGUIL 66 Wellington St. West TD Tower, P.O. Box 1 Toronto ON MSK 1A2 Paul Jonathan Saguil Email: [email protected] Tel: 416-308-1719 MARTIN+ ASSOCIATES 863 Hamilton Street Vancouver, BC V6B 2R7 Frances Mahon Email: [email protected] Tel: 604-682-4200 Agent for the Proposed Intervener, Counsel for the Proposed Intervener, Start Proud and OUTlaws Start Proud and OUTlaws ORIGINAL TO: The Registrar Supreme Court of Canada 301 Wellington Street Ottawa, ON KIA OJl 3 COPIES TO: BENNETT JONES LLP BENNETT JONES LLP 3400 One First Canadian Place World Exchange Plaza P.O. Box 130 I900- 45 O'Connor Street Toronto, ON M5X IA4 Ottawa, ON KIP IA4 Robert W. Stanley Mark Jewett QC Email: [email protected] Email: [email protected] Ranjan Aganval Tel: 6I3-683-2328 Email: [email protected] Fax: 6I3-683-2323 Tel: 4I6-863-I200 Fax: 4I6-863-I2I6 KUHNLLP IOO- 32I60 S Fraser Way Abbotsford, BC V2T I W5 Kevin L. -
Applying Vulnerability Theory to Polygamy and Same-Sex Marriage
Emory Law Journal Volume 64 Issue 6 Paper Symposium — Polygamous Unions? Charting the Contours of Marriage Law's Frontier 2015 The Evolution of Plural Parentage: Applying Vulnerability Theory to Polygamy and Same-Sex Marriage Stu Marvel Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Stu Marvel, The Evolution of Plural Parentage: Applying Vulnerability Theory to Polygamy and Same-Sex Marriage, 64 Emory L. J. 2047 (2015). Available at: https://scholarlycommons.law.emory.edu/elj/vol64/iss6/9 This Articles & Essays 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]. MARVEL GALLEYSPROOFS2 5/27/2015 2:14 PM THE EVOLUTION OF PLURAL PARENTAGE: APPLYING VULNERABILITY THEORY TO POLYGAMY AND SAME-SEX MARRIAGE Stu Marvel∗ ABSTRACT Much of the legal debate surrounding the challenge to “traditional” heterosexual marriage has involved questions of liberty, discrimination, and equal treatment. Similar moves have now been made by advocates for polygamous marriage, indicating that polygamous families may be on track to follow in the rainbow contrails of same-sex marriage. This Article argues that such an evolution is indeed likely, but for different reasons than commonly held. Instead, it applies the emerging paradigm of vulnerability theory to a recent suite of polygamy and same-sex marriage rulings, with particular focus on the figure of the “vulnerable” child. At the same time, this Article will also consider the legal and social consequences of the mechanics of reproduction within both same-sex and polygamous families. -
Private Law As Constitutional Context for Same-Sex Marriage
Private Law as Constitutional Context for Same-sex Marriage Private Law as Constitutional Context for Same-sex Marriage ROBERT LECKEY * While scholars of gay and lesbian activism have long eyed developments in Canada, the leading Canadian judgment on same-sex marriage has recently been catapulted into the field of vision of comparative constitutionalists indifferent to gay rights and matrimonial matters more generally. In his irate dissent in the case striking down a state sodomy law as unconstitutional, Scalia J of the United States Supreme Court mentions Halpern v Canada (Attorney General).1 Admittedly, he casts it in an unfavourable light, presenting it as a caution against the recklessness of taking constitutional protection of homosexuals too far.2 Still, one senses from at least the American literature that there can be no higher honour for a provincial judgment from Canada — if only in the jurisdictional sense — than such lofty acknowledgement that it exists. It seems fair, then, to scrutinise academic responses to the case for broader insights. And it will instantly be recognised that the Canadian judgment emerged against a backdrop of rapid change in the legislative and judicial treatment of same-sex couples in most Western jurisdictions. Following such scrutiny, this paper detects a lesson for comparative constitutional law in the scholarly treatment of the recognition of same-sex marriage in Canada. Its case study reveals a worrisome inclination to regard constitutional law, especially the judicial interpretation of entrenched rights, as an enterprise autonomous from a jurisdiction’s private law. Due respect accorded to calls for comparative constitutionalism to become interdisciplinary, comparatists would do well to attend,intra disciplinarily, to private law’s effects upon constitutional interpretation. -
Family, Unvalued Discrimination, Denial, and the Fate of Binational Same-Sex Couples Under U.S
Family, Unvalued Discrimination, Denial, and the Fate of Binational Same-Sex Couples under U.S. Law Copyright © 2006 Human Rights Watch/Immigration Equality All rights reserved. Printed in the United States of America ISBN: 1-56432-336-6 Cover photos: © 2006 Private Cover design by Rafael Jimenez Immigration Equality 350 West 31st Street, Suite 505 New York, NY 10001 Tel. +1 (212) 714-2904 Fax +1 (212) 714-2973 E-mail: [email protected] www.immigrationequality.org Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: 1-(212) 290-4700, Fax: 1-(212) 736-1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel:1-(202) 612-4321, Fax:1-(202) 612-4333 [email protected] 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: 44 20 7713 1995, Fax: 44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: 32 (2) 732-2009, Fax: 32 (2) 732-0471 [email protected] 9 rue Cornavin 1201 Geneva, Switzerland Tel: +41 22 738 04 81, Fax: +41 22 738 17 91 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel. +49 30 259 306 10, Fax. +49 30 259 306 29 [email protected] Web Site Address: http://www.hrw.org HUMAN RIGHTS WATCH Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. -
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech
"LEGAL JIHAD": HOW ISLAMIST LAWFARE TACTICS ARE TARGETING FREE SPEECH Brooke Goldstein andAaron Eitan Meyer* I. WELCOME TO LAWFARE .............................. 395 II. THE ISLAMIST MOVEMENT ............................. 396 III. LEGAL JIHAD ....................................... 397 IV. LAWFARE IN EUROPE & CANADA ....................... 400 V. ENGLAND .......................................... 402 V I. CANADA ........................................... 404 VII. THE NETHERLANDS .................................. 405 VEII. THE INTERNATIONAL SCENE ........................... 407 IX. CONCLUSION ....................................... 409 I. WELCOME TO LAWFARE Lawfare is usually defined as the use of the law as a weapon of war' or the pursuit of strategic aims through aggressive legal maneuvers.2 Traditionally, lawfare tactics have been used to obtain moral advantages over the enemy in the court of public opinion3 and to intimidate heads of state from acting out of fear of prosecution for war crimes.4 Al Qaeda training manuals instruct its captured * Brooke Goldstein is a practicing attorney, an adjunct fellow at the Hudson Institute, an award- winning filmmaker and director of the Legal Project at the Middle East Forum. The Legal Project is dedicated to providing pro-bono legal representation to authors, activists and publishers who work on the topics of radical Islam, terrorism and their sources of financing. Goldstein is the founder and director of the Children's Rights Institute, a not-for-profit dedicated to raising awareness about and legally combating the incitement and recruitment of children as suicide bombers. She is also the 2007 recipient of the E. Nathaniel Gates Award for Outstanding Public Advocacy. Aaron Eitan Meyer recently received his Juris Doctor degree from Touro Law Center, and serves as the assistant director at the Legal Project at the Middle East Forum as well as legal correspondent to the Terror Finance Blog. -
Homosexuality and Prostitution: a Tale of Two Deviancies Ummni Khan
Homosexuality and prostitution: A tale of two deviancies Ummni Khan University of Toronto Law Journal, Volume 70, Number 3, Summer 2020, pp. 283-305 (Article) Published by University of Toronto Press For additional information about this article https://muse.jhu.edu/article/760438 [ Access provided at 31 Dec 2020 13:39 GMT from University of Ottawa ] Ummni Khan* HOMOSEXUALITY AND PROSTITUTION: A TALE OF TWO DEVIANCIES† Historically, homosexuality and prostitution were both branded immoral vices that required crim- inalization, despite the fact that they were also considered ‘victimless crimes.’ Yet, in contemporary Canadian society, gays and lesbians have gained wide social acceptance and legal rights, while the sex trade has become more criminalized, stigmatized, and, for clients or third parties, vilified. This article explores the reasons for this divergence. First, drawing on radical queer critique, I problematize this framing, arguing that the equality and rights-based victories for the lesbian, gay, bisexual, and trans community did not necessarily benefit all of its members. Building on this insight, I argue that those queers who are unable or uninterested in accessing the benefits ushered in by ‘gay rights’ have identities, proclivities, and vulnerabilities that overlap with those of sex workers and/or their clients. Part I of the article sets the socio-legal and political context, providing succinct overviews of key developments relating to gay and lesbian rights and of key developments relating to sex trade regulation, focusing primarily on the last fifty years. Part II analyses how 10.3138/utlj.2019-0082 gay/lesbian mainstream acceptance and the queer/sex trade marginalization occurred through e20190082 overlapping discourses and laws related to privacy, bawdy houses/indecency, disease, spousal/ 70 marital relations, and children. -
Exception to Or Exemplar of Canada's Family Policy?
CANADIAN SAME-SEX MARRIAGE LAW Canada’s Same-Sex Marriage Law; Exception to or Exemplar of Canada’s Family Policy? Hilary A. Rose H. A. Rose Concordia University Dept. of Applied Human Sciences, VE-321.02 1455 de Maisonneuve Blvd. West, Montreal, QC Canada H3G 1M8 CANADIAN SAME-SEX MARRIAGE LAW 2 Abstract Family policy in Canada is primarily concerned with assisting parents raise their children. This fairly singular approach to family policy is ironic given that Canada does not have a nationally- coordinated family policy. The development of a national family policy has been hampered by Canada’s decentralized governmental structure (i.e., federal and provincial, as well as territorial, governments) and other factors such as diverse geography and different traditions (e.g., a tradition of common law in English Canada, and civil law in Quebec). A recent addition to Canada’s family policy is Bill C-38, The Civil Marriage Act (2005), the law legalizing same-sex marriage. To put Canada’s same-sex marriage law into context, this article presents some preliminary statistics about same-sex marriage in Canada, and considers whether same-sex marriage legislation is a good example of Canadian family policy, or an exception to the rule that Canadian family policy focuses primarily on helping parents socialize their children. Key words: same-sex marriage, legislation, family policy, parenting, children CANADIAN SAME-SEX MARRIAGE LAW 3 Introduction Family policy is largely a 20th century invention. It developed first in Europe and spread over the course of the century to North America and other parts of the world (e.g., Australia, China, Japan). -
'Destroying Jobs' Why the Economy Can
2012_2_6 postall_cover61404-postal.qxd 1/17/2012 8:30 PM Page 1 February 6, 2012 $4.99 CHARLES COMINGMURRAY’S APART WILLIAMSON on MSNBC LONG on Colbert The Virtue of WHY THEDestruction ECONOMY CAN’T GROW WITHOUT ‘DESTROYING JOBS’ REIHANREIHAN SALAMSALAM $4.99 06 0 74820 08155 6 www.nationalreview.com base_milliken-mar 22.qxd 1/17/2012 2:58 PM Page 2 Gutter : 2400 G base_milliken-mar 22.qxd 1/17/2012 2:59 PM Page 3 Human Space Flight Satellites Services Advanced Systems www.boeing.com/space TODAYTOMORROWBEYOND D BLK 9 45˚ 105˚ 75˚ toc_QXP-1127940144.qxp 1/18/2012 2:06 PM Page 2 Contents FEBRUARY 6, 2012 | VOLUME LXIV, NO. 2 | www.nationalreview.com COVER STORY Page 28 Matt Kibbe on Ron Paul Let Us Now Praise Private Equity p. 18 Every presidential candidate has to BOOKS, ARTS defend himself against accusations & MANNERS of wrongdoing—an affair, abuse of office, campaign-finance impropriety, and so 43 THE VIRTUE DEFICIT Ron Haskins reviews Coming forth. Mitt Rom ney finds himself in a Apart: The State of White predictable defensive crouch, too, but the America, 1960–2010, by Charles Murray. allegation against him is extraordinary: He stands accused of doing his job 44 THE VICE OF MODERATION Henry Olsen reviews Rule and too well. Reihan Salam Ruin: The Downfall of Moderation and the COVER: STEVE BRONSTEIN/STONE/GETTY Destruction of the Republican Party, from Eisenhower to the ARTICLES Tea Party, by Geoffrey Kabaservice. THE YOUTH CANDIDATE 18 by Matt Kibbe 47 ACID TEST Why Ron Paul appeals to the millennial generation.