Family Law Quarterly Home

A scholarly journal designed to keep practitioners current with an analytical view of existing and emerging family law issues, Family Law Quarterly will keep you informed on the year's hot topics, including "Family Law in the Fifty States: Case Digests" and "A Review of the Year in Family Law." A subscription to FLQ is included with your Family Law Section membership. For more information about FLQ, use the links provided at the right or check out the current volume below.

Family Law Section members can read articles online as PDFs! The table of contents for the latest volume of the Quarterly is below, along with links to pdfs of the articles. Non-member subscribers and non-subscribers may read abstracts of the articles. (Archives of article abstracts are available for volumes dating back to 2001.)

 

Family Law Quarterly
Volume 49, No. 4 (Winter 2016)

To stabilize and preserve the family


Table of Contents

Please note that pursuant to the ABA's copyright and reprint policies, these articles may not be disseminated without written permission.


Editor's Note
Linda D. Elrod

A Review of the Year in Family Law 2014­–2015: Family Law Continues to Evolve as Marriage Equality Is Attained

Linda D. Elrod & Robert G. Spector

On June 26, 2015, the United States Supreme Court settled the question of marriage equality in a five-to-four decision written by Justice Kennedy, which declared that marriage is a fundamental right inherent in the liberty of the person. Therefore, state bans on same-sex marriage are invalid under both equal protection and due process analysis. The majority found that liberty extends to “certain personal choices central to individual dignity and autonomy, including intimate choices  that define personal identity and beliefs.” Same-sex married couples will now become presumed parents under most state laws that recognized children born to a marriage as “legitimate.” However, questions remain for nonbiological, nonadoptive same-sex partners who do not marry. In addition, there will be some questions as to the statutory exemptions for religious institutions, the limits of free-speech-clause defenses, the Religious Freedom Restoration Act and religious accommodation requirements under employment law, but the right to marry and to have the marriage recognized by all states is now clear.

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Family Law in the Fifty States 2014-2015: Case Digests

This year's summary of family-law cases covers approximately the period of the fall 2014, through fall 2015. The case digests are presented in a topical outline framework and alphabetized by state within each topic heading. The summary does not include every case from every jurisdiction but highlights some of the more important ones. The digests are a result of reports submitted in each state by reporters and supplemented by Washburn University School of Law student staff.

Annual Survey of Periodical Literature

Kendra Huard Fershee

The Annual Review of Periodical Literature provides a sampling of law review articles published between fall of 2014 and fall of 2015. The survey highlights the variety and depth of family law scholarship produced during the year and calls attention to currently debated “hot topics.” Readers are encouraged to read articles.

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Index to Volume 49

Author and title indexes to Family Law Quarterly volume 49.

 

Ordering Information

You can purchase a hard copy or downloadable pdf of this issue through the ABA Web Store. To order hard copy by phone, call the ABA Service Center at 1-800-285-2221 and request PC 51301004904.

Publication Date: April 2016

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