The Yale Law Journal

Douglas NeJaime

Article

The Nature of Parenthood

Douglas NeJaime

This Article explores what it means to fully vindicate gender and sexual-orientation equality in the law of parental recognition. It does so by situating the treatment of families formed through ART within a longer history of parentage. Inequalities that persist in contemporary…

Feature

Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics

Douglas NeJaime & Reva B. Siegel

Persons of faith are now seeking religious exemptions from laws concerning sex, reproduction, and marriage on the ground that the law makes the objector complicit in the assertedly sinful conduct of others. We term claims of this kind, which were at issue…

Forum

Griswold's Progeny: Assisted Reproduction, Procreative Liberty, and Sexual Orientation Equality

Douglas NeJaime

In Griswold v. Connecticut,1 the Supreme Court ruled that a Connecticut statute criminalizing the use of contraception violated married couples’ privacy rights. On the decision’s fiftieth anniversary, this brief Essay takes cues from a principle at stake in Griswold—that procreative li…

Forum

Windsor’s Right to Marry

Douglas NeJaime

In this Essay, Professor Douglas NeJaime reads United States v. Windsor, which technically rested on equal protection grounds, through the lens of the fundamental right to marry. The Windsor Court absorbed decades of LGBT rights advocacy by situating same-sex couples within a contemporary model of m…