Mark Strasser

"SEPARATE BUT EQUAL" NO MORE: A GUIDE TO THE LEGAL STATUS OF SAME-SEX MARRIAGE, CIVIIL UNIONS, AND OTHE PARTNERSHIPS (ed.) (1 st volume in 3- volume set entitled “Defending Same-Sex Marriage." Praeger Publishers/Greenwood Publishing Group, 2006)

QUESTIONS AND ANSWERS: FAMILY LAW (LexisNexis, 2003).

MARRIAGE AND SAME-SEX UNIONS: A DEBATE (Praeger Publishers, 2003) with LYNN WARDLE & DAVID COOLIDGE.

ON SAME-SEX MARRIAGES, CIVIL UNIONS, AND THE RULE OF LAW: CONSTITUTIONAL INTERPRETATION AT THE CROSSROADS (Praeger Publishers/Greenwood Publishing Group, 2002).

THE CHALLENGE OF SAME-SEX MARRIAGE: FEDERALIST PRINCIPLES AND CONSTITUTIONAL PROTECTIONS (Praeger Publishers, 1999).

LEGALLY WED: SAME-SEX MARRIAGE AND THE CONSTITUTION (Cornell University Press, 1997).

Book Chapters

The Alleged Harms of Recognizing Same-Sex Marriage, in WHAT'S THE HARM? HOW LEGALIZING SAME-SEX MARRIAGE HARMS SOCIETY, FAMILIES AND INDIVIDUALS (Lynn Wardle ed.) (Lanham, MD: University Press of America) (forthcoming)

Paying to Stay Home: On Competing Notions of Fairness and the Imputation of Income, in RECONCEIVING THE FAMILY: CRITICAL REFLECTIONS ON THE AMERICAN LAW INSTITUTE'S FINAL PRINCIPLES OF THE LAW OF FAMILY DISSOLUTION (ed. Robin Fretwell Wilson) (New York: Cambridge University Press, 2006), 142-61.

Families, Hierarchies, and Arrays of Choices: The United States Approach, in MARRIAGE, PARTNERSHIP AND PARENTING IN THE 21ST CENTURY (ed. Helmut Graupner and Stefano Fabreni) (Haworth Press, forthcoming 2005) (to be reprinted in the JOURNAL OF HOMOSEXUALITY).

Law Review Articles

State Funding of Devotional Studies: A Failed Jurisprudence that Has Lost Its Moorings, [UNIVERSITY OF UTAH] JOURNAL OF LAW AND FAMILY STUDIES (forthcoming)

Religion in the Schools: On Prayer, Neutrality, and Sectarian Perspectives, AKRON LAW REVIEW (forthcoming)

Repudiating Everson: On Buses, Books, and Teaching Articles of Faith, MISSISSIPPI LAW JOURNAL (forthcoming)

The Future of Marriage, 21 JOURNAL OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS (forthcoming)

Death by a Thousand Cuts: The Illusory Safeguards against Funding Pervasively Sectarian Institutions of Higher Learning, BUFFALO LAW REVIEW (forthcoming)

Interstate Recognition of Adoptions: On Jurisdiction, Full Faith and Credit, and Potential, Future Difficulties, BRIGHAM YOUNG UNIVERSITY LAW REVIEW (forthcoming) (symposium issue)

Marriage, Free Exercise, and the Constitution, 26 LAW AND INEQUALITY: A [UNIVERSITY OF MINNESOTA] JOURNAL OF THEORY AND PRACTICE 59-108 (2008)

Marriage, Same-Sex , INTERNATIONAL ENCYCLOPEDIA OF THE SOCIAL SCIENCES. Ed. William A. Darity, Jr. Vol. 4, 2 nd ed.( Detroit: Macmillan Reference USA, 2008) 619-21

Deliberate Indifference, Professional Judgment, and the Constitution: On Liberty Interests in the Child Placement Context, DUKE JOURNAL OF GENDER LAW AND POLICY (forthcoming)

The Often Illusory Protections of “Biology Plus:” On the Supreme Court’s Parental Rights Jurisprudence, 13 TEXAS JOURNAL ON CIVIL LIBERTIES AND CIVIL RIGHTS 31-83 (2007)

Preaching, Fundraising, and the Constitution: On Proselytizing and the First Amendment, 85 DENVER UNIVERSITY LAW REVIEW 405-441 (2007)

Loving Revisionism: On Restricting Marriage and Subverting the Constitution, 51 HOWARD LAW JOURNAL 75-115 (2007) (symposium issue)

Establishing the Pledge: On Coercion, Endorsement and the Marsh Wild Card, 40 INDIANA LAW REVIEW 529-83 (2007) (symposium issue)

State Marriage Amendments and Overreaching: On Plain Meaning, Good Public Policy, and Constitutional Limitations, LAW AND INEQUALITY: A JOURNAL OF THEORY AND PRACTICE (2007)

Lawrence, Mill, and Same-Sex Relationships: On Values, Valuing, and the Constitution, 15 SOUTHERN CALIFORNIA INTERDISCIPLINARY LAW JOURNAL 285-306 (2006)

Thou Shalt Not? 6 MARYLAND LAW JOURNAL OF RACE, RELIGION, GENDER AND CLASS 439-90 (2006)

Holmes on Law and Morality, 44 ALBERTA LAW REVIEW 377-402 (2006)

State Constitutional Amendments Defining Marriage: On Protections, Restrictions, and Credibility, 7 FLORIDA COASTAL LAW REVIEW 365-87 (2006) (symposium issue)

An Amendment to Protect Marriage: Bad in Theory, Likely Worse in Practice, 20 BRIGHAM YOUNG UNIVERSITY JOURNAL OF PUBLIC LAW 387-406 (2006) (symposium issue)

Monogamy, Licentiousness, Desuetude, and Mere Tolerance: The Multiple Misinterpretations of Lawrence v. Texas, 15 SOUTHERN CALIFORNIA REVIEW OF LAW AND WOMEN'S STUDIES 95-144 (2005)

Lawrence, Lofton, and Reasoned Judgment: On Who Can Adopt and Why, 18 SAINT THOMAS LAW REVIEW 473-93 (2005) (symposium issue)

Rebellion in the Eleventh Circuit: On Lawrence, Lofton and the Best Interests of Children, 40 TULSA LAW REVIEW 421-42 (2005) (symposium issue).

Marriage, Parental Rights, and Public Policy: On the FMA, Its Purported Justification, and Its Likely Effects on Families, UNIVERSITY OF ST. THOMAS LAW JOURNAL (forthcoming 2005) (symposium issue).

“Defending” Marriage in Light of the Moreno-Cleburne-Romer-Lawrence Jurisprudence: Why DOMA Cannot Pass Muster after Lawrence, 38 CREIGHTON LAW REVIEW 421-47 (2005) (symposium issue).

The Lawrence Reader: Standhardt and Lewis on Women in Love, 24 SAINT LOUIS UNIVERSITY PUBLIC LAW REVIEW 59-88 (2005) (invited article).

Yes, Virginia, There Can Be Wrongful Life: On Consistency, Public Policy, and the Birth-Related Torts, Georgetown Journal of Gender and the Law (2004)

Lawrence and Same-Sex Marriage Bans: On Constitutional Interpretation and Sophistical Rhetoric, 69 Brooklyn Law Review 1003 (2004)

Adoption and the Best Interests of the Child: On the Use and Abuse of Studies, 38 New England Law Review 629 (2004) (symposium issue)

Lawrence, Same-Sex Marriage and the Constitution: On What Is Protected and Why, 38 New England Law Review 667 (2004) (symposium issue)

Was Brown’s Declaration of Per Se Invalidity Really Out of the Blue: The Evolving “Separate But Equal” Education Jurisprudence from Cumming to Brown, 47 Howard Law Journal 769 (2004) (symposium issue)

The Interstate Recognition of Same-Sex Marriages and Civil Unions, in 2004 Family Law Update (Ron Brown & Laura W. Morgan eds., 2004), 115

Domestic Relations, Missouri v. Holland, and the New Federalism, 12 William & Mary Bill of Rights Journal 179 (2003)

Adoption, Best Interests, and the Constitution: On Rational Basis Scrutiny and the Avoidance of Absurd Results, 5 Journal of Law and Family Studies 297 (2003)

Marriage, Transsexuals, and the Meaning of Sex: On DOMA, Full Faith and Credit, and Statutory Interpretation, 3 Houston Journal of Health Law & Policy 301 (2003) (symposium issue)

Harvesting the Fruits of Gardiner: On Marriage, Public Policy, and Fundamental Interests, 71 GEORGE WASHINGTON LAW REVIEW 179-230 (2003).

Some Reflections on the President's Pardon Power, 31 Capital University Law Review 143 (2003) (symposium issue)

Hans, Ayers, and Eleventh Amendment Jurisprudence: On Justification, Rationalization, and Sovereign Immunity, 10 GEORGE MASON LAW REVIEW 251 (2002).

When Is a Parent Not a Parent? On DOMA, Civil Unions, and Presumptions of Parenthood, 23 CARDOZO LAW REVIEW 299 (2002).

Same-Sex Marriages and Civil Unions: On Meaning, Free Exercise, and Constitutional Guarantees, 33 LOYOLA CHICAGO LAW JOURNAL 597 (2002).

Some Observations about DOMA, Marriages, Civil Unions, and Domestic Partnerships, 30 CAPITAL UNIVERSITY LAW REVIEW 363-86 (2002) (Symposium Issue).

Toleration, Approval, and the Right to Marry: On Constitutional Limitations and Preferential Treatment, 35 LOYOLA LOS ANGELES LAW REVIEW 65 (2002).

A Small Step Forward: The ALI's Domestic Partners Recommendation, 2001 BRIGHAM YOUNG UNIVERSITY LAW REVIEW 1135 (Symposium Issue).

Taking Exception to Traditional Exceptions Clause Jurisprudence: On Congress's Power to Limit the Court's Jurisdiction, 2001 UTAH LAW REVIEW 125 (2001).

Chisholm, the Eleventh Amendment, and Sovereign Immunity: On Alden's Return to Confederation Principles, 28 FLORIDA STATE UNIVERSITY LAW REVIEW 605 (2001).

Same-Sex Marriage, Referenda, and the Constitution: On Hunter, Romer, and Electoral Process Guarantees, 64 ALBANY LAW REVIEW 949 (Symposium Issue 2001).

Baehr Mysteries, Retroactivity, and the Concept of Law, 41 SANTA CLARA LAW REVIEW 161 (2000).

Equal Protection at the Crossroads: On Baker, Common Benefits, and Facial Neutrality, 42 ARIZONA LAW REVIEW 935 (2000).

The Future of Same-Sex Marriage, 22 UNIVERSITY OF HAWAII LAW REVIEW 119 (Symposium Issue 2000).

Loving, Baehr, and the Right to Marry: On Legal Argumentation and Sophistical Rhetoric, 24 NOVA LAW REVIEW 769 (2000).

Loving in the New Millennium: On Equal Protection and the Right to Marry, 7 UNIVERSITY OF CHICAGO LAW SCHOOL ROUNDTABLE 61 (2000).

Mission Impossible: On Baker, Equal Benefits, and the Imposition of Stigma, 9 WILLIAM AND MARY BILL OF RIGHTS JOURNAL l 1 (2000).

Plessy, Brown and the HBCUs: On the Imposition of Stigma and the Court's Mechanical Equal Protection Jurisprudence, 40 WASHBURN LAW JOURNAL 48 (Symposium Issue 2000).

The Privileges of National Citizenship: On Saenz, Same-Sex Couples, and the Right to Travel, 52 RUTGERS LAW REVIEW 553 (2000).

Sex, Law and the Sacred Precincts of the Marital Bedroom: On State and Federal Right to Privacy Jurisprudence, 14 NOTRE DAME JOURNAL OF LAW ETHICS & PUBLIC POLICY 753 (Symposium Issue 2000).

Courts, Legislatures, and Second Parent Adoptions: On Judicial Deference, Specious Reasoning, and the Best Interests of the Child, 66 TENNESSEE LAW REVIEW 977 (1999).

From Colorado to Alaska by Way of Cincinnati: On Romer, Equality Foundation, and the Constitutionality of Referenda, 36 HOUSTON LAW REVIEW 1193 (1999).

A Jurisprudence in Disarray: On Battery, Wrongful Living, and the Right to Bodily Integrity, 36 SAN DIEGO LAW REVIEW 997 (1999).

Marital Acts, Morality, and the Right to Privacy, 30 NEW MEXICO LAW REVIEW 43 (1999).

Misconceptions and Wrongful Births: A Call for a Principled Jurisprudence, 31 ARIZONA STATE LAW JOURNAL 161 (1999).

Unity, Sovereignty, and the Interstate Recognition of Marriage, 102 WEST VIRGINIA LAW REVIEW 393 (Symposium Issue 1999).

Wrongful Life, Wrongful Birth, Wrongful Death, and the Right to Refuse Treatment: Can Reasonable Jurisdictions Recognize All But One?, 64 MISSOURI LAW REVIEW 29 (1999).

Baker and Some Recipes for Disaster: On DOMA, Covenant Marriages, and Full Faith and Credit Jurisprudence, 64 BROOKLYN LAW REVIEW 307 (1998).

Constitutional Limitations and Baehr Possibilities: On Retroactive Legislation, Reasonable Expectations, and Manifest Injustice, 29 RUTGERS LAW JOURNAL 271 (1998).

DOMA and the Two Faces of Federalism, 32 CREIGHTON LAW REVIEW 457 (Symposium Issue 1998).

Ex Post Facto Laws, Bills of Attainder, and the Definition of Punishment: On DOMA, the Hawaii Amendment, and Federal Constitutional Constraints, 48 SYRACUSE LAW REVIEW 227 (1998).

For Whom Bell Tolls: On Subsequent Domiciles' Refusing to Recognize Same-Sex Marriages, 66 UNIVERSITY OF CINCINNATI LAW REVIEW 339 (1998).

The Futility of Futility? On Life, Death, and Reasoned Public Policy, 57 MARYLAND LAW REVIEW 505 (1998).

Natural Law and Same-Sex Marriage, 48 DEPAUL LAW REVIEW 51 (1998).

Sodomy, Adultery, and Same-Sex Marriage: On Legal Analysis and Fundamental Interests, 8 UNIVERSITY OF CALIFORNIA AT LOS ANGELES WOMEN'S LAW JOURNAL 313 (Symposium Issue 1998).

Fit To Be Tied: On Custody, Discretion, and Sexual Orientation, 46 AMERICAN UNIVERSITY LAW REVIEW 841 (1997).

Judicial Good Faith and the Baehr Essentials: On Giving Credit Where It's Due, 28 RUTGERS LAW JOURNAL 313 (1997).

Loving the Romer Out for Baehr: On Acts in Defense of Marriage and the Constitution, 58 UNIVERSITY OF PITTSBURGH LAW REVIEW 279 (1997).

Statutory Construction, Equal Protection, and the Amendment Process: On Romer, Hunter, and Efforts to Tame Baehr, 45 BUFFALO LAW REVIEW 739 (1997).

Legislative Presumptions and Judicial Assumptions: On Parenting, Adoption, and the Best Interests of the Child, 45 UNIVERSITY OF KANSAS LAW REVIEW 49 (1996).

Assisted Suicide and the Competent, Terminally Ill: On Ordinary Treatments and Extraordinary Policies, 74 OREGON LAW REVIEW 539 (1995).

Domestic Relations Jurisprudence and the Great, Slumbering Baehr: On Definitional Preclusion, Equal Protection, and Fundamental Interests, 64 FORDHAM LAW REVIEW 921 (1995).

Hutcheson and Millon Evaluation Actions and Characters, 24 Philosophia 417 (1995).

Unconstitutional? Don't Ask; If It Is, Don't Tell: On Deference, Rationality, and the Constitution, 66 UNIVERSITY OF COLORADO LAW REVIEW 375 (1995).