This study examines the legal discrimination suffered in the United States by children born out of wedlock. The authors analyze the Supreme Court's equal protection birth status decisions from 1968 to 1992 and, in a case-by-case analysis, trace the development of the Court's rulings, examine the pattern of equal protection tests utilized, and evaluate the consistency of the Court's position. In addition, the work examines the related discrimination suffered by the families of non-marital children, especially single parents and alternative family units, and concludes that it is impossible to…mehr
This study examines the legal discrimination suffered in the United States by children born out of wedlock. The authors analyze the Supreme Court's equal protection birth status decisions from 1968 to 1992 and, in a case-by-case analysis, trace the development of the Court's rulings, examine the pattern of equal protection tests utilized, and evaluate the consistency of the Court's position. In addition, the work examines the related discrimination suffered by the families of non-marital children, especially single parents and alternative family units, and concludes that it is impossible to gain full equality for children born out of wedlock unless equality is also gained for their family unit. Toward these ends, the authors suggest a feminist jurisprudence as a methodology for addressing the underlying issue at the crux of birth status distinctions.
MARTHA T. ZINGO is an Assistant Professor of Political Science at Oakland University in Michigan. KEVIN E. EARLY is an Assistant Professor of Sociology at Oakland University and is the author of Religion and Suicide in the African-American Community (Greenwood, 1992).
Inhaltsangabe
Some Truths Are Not Self-Evident: Birth Status--Historical Foundations and Feminist Critique Introduction Terminology Masculinist and Feminist Perspectives: The Feminist Challenge Methodological Framework The Nuclear Family and the Dependent Status of Women Historical Overview Women and Supreme Court Decisions Conclusion Burdening the "Nameless" and Their Parents: Case Analysis Introduction Wrongful Death Fathers' Rights Financial Assistance--State Benefits Financial Assistance--Federal Benefits Inheritance Paternity and Support Actions Immigration Perspective Shades Perception: Equal Protection Theory Introduction First Approach: Identify Relevant Characteristics Second Approach: Identify Substantive Rights Third Approach: Identify the Illusion Conclusion In the Best of All Possible Worlds . . . Introduction International Normative Standards Liberal Legal Theory Critical Legal Theory Feminist Jurisprudence Conclusion References Index
Some Truths Are Not Self-Evident: Birth Status--Historical Foundations and Feminist Critique Introduction Terminology Masculinist and Feminist Perspectives: The Feminist Challenge Methodological Framework The Nuclear Family and the Dependent Status of Women Historical Overview Women and Supreme Court Decisions Conclusion Burdening the "Nameless" and Their Parents: Case Analysis Introduction Wrongful Death Fathers' Rights Financial Assistance--State Benefits Financial Assistance--Federal Benefits Inheritance Paternity and Support Actions Immigration Perspective Shades Perception: Equal Protection Theory Introduction First Approach: Identify Relevant Characteristics Second Approach: Identify Substantive Rights Third Approach: Identify the Illusion Conclusion In the Best of All Possible Worlds . . . Introduction International Normative Standards Liberal Legal Theory Critical Legal Theory Feminist Jurisprudence Conclusion References Index
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