Inequality Inquiry >> Category

The Newclear Family: The Broadening Recognition of Non-Traditional Families and Where to Draw the Line

April 11, 2018

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by Ally Nicol
In the past fifty years, American politics and public opinion have shifted regarding parentage and what constitutes a family.  In the wake of cases such as Holtzman v. Knott, Johnson v. Calvert, K.M. v. E.G., Obergefell v. Hodges, and In re M.C., the rights of same-sex and other “non-traditional” parents have been clarified and expanded.  Biology and marriage have long been the most commonly used means of establishing parental rights, and now those recognitions, particularly in the wake of Obergefell, are widely available to most couples. While this recognition has been long-awaited in the LGBT community, issues remain regarding legal parent status based solely on biology and the legal status of non-traditional families. As the law expands to recognize a more diverse spectrum of parents, new issues will arise regarding when parental status should not be granted, as opposed to how parental rights should be expanded.

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The Case for Preserving Transgender and Gender Nonconforming Health Care Protections

December 5, 2017

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by Bailey Metzger
On May 18, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) published the final rule implementing § 1557 of the Patient Protection and Affordable Care Act (ACA) in the Federal Register. The final rule addressed a wide variety of discrimination in the health care context, including discrimination on the basis of race, color, national origin, sex, age, and disability. Perhaps the most notable part of the rule finds that discrimination on the basis of gender identity constitutes discrimination on the basis of sex.

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A Discriminatory Definition of “Mother:” The Injustice of the British Birth Registry System

September 21, 2021

Sharon Beck* Freddy McConnell, a single father in the United Kingdom, is expecting his second child in early 2022. When they are born, they will join Freddy’s family, which also includes his first child, SJ. Since giving birth to SJ in 2018, Freddy has raised him as a single father, happily and by choice. But both of his children’s birth certificates will list Freddy as their mother, not father, which Freddy has been fighting since he gave birth to SJ.

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The Constitutionality of SB 1142

April 28, 2022

By Chase Lindemann[1]   On March 1, 2022, Oklahoma State Senator Rob Standridge introduced Senate Bill 1142 to the Oklahoma Senate Floor.[2] SB 1142’s title states that this bill is an act “prohibiting certain schools and school libraries from maintaining or promoting certain books.”[3] If a parent believes that there is a violation of SB…

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A Full Constellation of Benefits: How In Re the Custody of N.S.V. Exemplifies the Need for Courts and Legislatures to Readdress Definitions of Parenthood in Light of the Recognition of Same-sex Relationships

June 21, 2022

View/Download PDF Version By Esther Raty† Two women fall in love, move in together, and decide to start a family.[1] While two women cannot both genetically[2] be the parent of one child, they can choose when to have a child, which sperm donor to use, and how to co-parent a child.[3] However, no matter how…

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The Clash Between LGBTQ Anti-Discrimination Law and Freedom of Speech in 303 Creative v. Elenis: Which Will Take the Cake?

April 2, 2023

By Elizabeth Wellhausen* In December 2022, the Supreme Court heard oral arguments for 303 Creative v. Elenis, a case that is basically a “redo” of Masterpiece Cakeshop v. Colorado Civil Rights Commission.[1] In Masterpiece, a baker refused to make a wedding cake for a same-sex couple because same-sex marriage conflicted with his religious views.[2] The…

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