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Obergefell: A Game-Changer for Women

14 Ave Marie L. Rev. 101 (2016)

25 Pages Posted: 23 Nov 2016  

Sandra Alcaide

Independent

Lynne Marie Kohm

Regent University - School of Law

Date Written: November 21, 2016

Abstract

When the Supreme Court of the United States expanded marriage to same sex couples in Obergefell, that decision became a game-changer for women in three areas. First, Obergefell changes women’s relationships with men. Second, it affects and alters equality for women in many ways. Third, Obergefell modifies the relationship between women and their children by removing a required complementary party of opposite gender in parenting, and thus loading a double-burden of parenting on a greater number of mothers.

We will illustrate this thesis by introducing the topic with a description of the Court’s intentional movement from conjugal norms in marriage to a pure consent-based theory of marriage. In Part I, we discuss how Obergefell changes women’s relationships with men. Part II then examines how the case affects and alters equality for women. Part III illustrates how Obergefell modifies the relationship between women and their children, by removing a required complementary party of opposite gender in parenting.

Keywords: Marriage, Obergefell, Gender Equality, Parenting, Women, Mothers, Children

JEL Classification: I30, I31, I32, I38, I39, K00, K10, K19, K30, K39

Suggested Citation

Alcaide, Sandra and Kohm, Lynne Marie, Obergefell: A Game-Changer for Women (November 21, 2016). 14 Ave Marie L. Rev. 101 (2016). Available at SSRN: https://ssrn.com/abstract=2873827

Sandra Alcaide

Independent ( email )

No Address Available

Lynne Kohm (Contact Author)

Regent University - School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

HOME PAGE: http://www.regent.edu/kohm

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