Family Law Quarterly
Volume 49, No. 4 (Winter 2016)
To stabilize and preserve the family
Please note that pursuant to the ABA's copyright and reprint policies, these articles may not be disseminated without written permission.
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.
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.
Index to Volume 49
Author and title indexes to Family Law Quarterly volume 49.
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