Current Search: Same sex marriage -- Law and legislation -- United States (x)
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Title
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The rhetoric of law and love: legally (re)defining marriage.
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Creator
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Higgs, Volrick Wallace, Mulvaney, Becky, Florida Atlantic University, Dorothy F. Schmidt College of Arts and Letters, School of Communication and Multimedia Studies
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Abstract/Description
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In just over one year since United States v. Windsor— the case invalidating sections of the Defense of Marriage Act (DOMA) that defined marriage, for purposes of federal statutes, as the “union of man and woman”— more than a dozen states have had their same-sex marriage bans ruled unconstitutional. This suggests a shift in legal meaning; previously successful arguments against same-sex “marriage” now seem irrational as argumentative ground has shifted. Since favorable rulings redefine ...
Show moreIn just over one year since United States v. Windsor— the case invalidating sections of the Defense of Marriage Act (DOMA) that defined marriage, for purposes of federal statutes, as the “union of man and woman”— more than a dozen states have had their same-sex marriage bans ruled unconstitutional. This suggests a shift in legal meaning; previously successful arguments against same-sex “marriage” now seem irrational as argumentative ground has shifted. Since favorable rulings redefine “marriage” to include same-sex unions, this thesis analyzes Kitchen v. Herbert, a 2014 legal opinion from the United States Court of Appeals Tenth Circuit, to understand the rhetorical processes underpinning its redefinitional act. That analysis draws on Kenneth Burke’s theories of entitling and constitutions and discusses the rhetorical concepts of terministic screens, casuistic screens, scope and circumference as key features of the rhetoric of the legal opinions. The findings call for a balancing of deconstructive and conventional approaches to legal discourse.
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Date Issued
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2015
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PURL
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http://purl.flvc.org/fau/fd/FA00004378, http://purl.flvc.org/fau/fd/FA00004378
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Subject Headings
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Constitutional law -- United States, Identity (Psychology), Marriage -- United States -- Government policy, Same sex marriage -- Law and legislation -- United States, United States -- Defense of Marriage Act
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Format
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Document (PDF)
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Title
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Finding the rainbow connection: moving from toleration to human dignity and acceptance in American life and law.
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Creator
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Lange, Alex C., Harriet L. Wilkes Honors College
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Abstract/Description
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The surge in granting equal rights to gays and lesbians in the United States is remarkable. Yet with this surge comes a conflict : the civil rights of gays and lesbians against the rights of religious individuals, predominantly Christians, refusing to tolerate a behavior they think immoral. My thesis focuses on two hypothetical situations : a county clerk refusing to issue a marriage license to an engaged lesbian couple and an inn owner refusing a night's stay to a gay couple. In both cases,...
Show moreThe surge in granting equal rights to gays and lesbians in the United States is remarkable. Yet with this surge comes a conflict : the civil rights of gays and lesbians against the rights of religious individuals, predominantly Christians, refusing to tolerate a behavior they think immoral. My thesis focuses on two hypothetical situations : a county clerk refusing to issue a marriage license to an engaged lesbian couple and an inn owner refusing a night's stay to a gay couple. In both cases, the clerk and inn owner refuse service for religious reasons. Normatively, I argue that we must move beyond a framework of toleration to a system of equal respect and understanding of our fellow human beings. Legally, I argue that the rights of religious expression and exercise should not trump the civil rights of gays and lesbians in the public sphere.
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Date Issued
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2012
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PURL
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http://purl.flvc.org/FAU/3359308
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Subject Headings
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Gay liberation movement, History, Religion and politics, History, Gay rights, Public opinion, Gays, Social conditions, Constitutional law, Religious aspects, Same-sex marriage, Law and legislation, Sex discrimination, Law and legislation, Gays, Legal status, laws, etc
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Format
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Document (PDF)
