Category: Family Status

Mention The Term

Yet the constitutional regulation of the household is largely silent about the status-based mostly impression of legal guidelines that prefer marriage and disadvantage non-marital families. While some lower courts engaged with race-, intercourse-, and wealth-based discrimination arguments in household status instances, the Supreme Court largely prevented recognizing, much much less crediting, their constitutional significance. Moreover, constitutional family status jurisprudence mostly ignored claims to sexual autonomy, sex equality, and racial and economic justice arising from plaintiffs’ lived expertise of intersecting standing-based mostly harms.

Health Care Reform

The result’s a constitutional family legislation canon that always obscures the social actuality of legal regimes that elevate marriage on the expense of equality. The law in BC has required staff to demonstrate that there was a “severe interference with a considerable parental or different household obligation” to prove discrimination on the premise of household standing. Under this test, profitable complaints have … Read More