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Alex Edelman
Leawood, KS
Recent Activity
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Alex signed the petition | -
Alex commented on the article |If they didn't do this for the right reasons, it would have taken about 5 minutes on the phone with the District's lawyer to know how this would have come out in a lawsuit. It isn't even a close question.
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Alex commented on the article |If this is based on a personal conflict, then that's all the more reason the coach shouldn't have used her position of power to retaliate against this girl.
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Alex commented on the article |Jay - while there are some grey areas in the ex post facto laws, this isn't one of them. If the statute were changed to allow these men to be prosecuted under it, such a prosecution would invalid. The judge likely dismissed without prejudice to allow the possibility of the men being tried on some lesser charge.
Scott B - it is unlikely any court would take such a broad view of a word like husband with a clear plain meaning. Idaho is not a state that recognizes common-law marriage and even if it did, they most likely did not meet the requirements. Cases involving child custody or property division in non-marital relationships are based on very different doctrines.
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Alex commented on the article |Won't fly. HIV status is protected under the American's with Disabilities Act. See Bragdon v. Abbott, 524 U.S. 624 (U.S. 1998).
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Alex commented on the article |I once read that when bars have Ladies Nights, the majority of the discounted drinks are paid for by men (who still overwhelmingly buy drinks for women by social convention). This only harms Hollander's case further.
It's worth noting that the doctrine in question doesn't claim that the business is state run, only that there is sufficient entanglement between state and private enterprise as to warrant the application of the 14th Amendment. For example, in Burton v. Wilmington Parking Authority a coffee shop that would only serve whites rented space from the city was sufficiently connected to the government as to have the 14th amendment apply to it. Now, of course, the Civil Rights Act of 1964 prevents public accommodation discrimination (at least until Rand Paul gets to Congress). However, a number of cases have found that simply granting a liquor license does not constitute state entanglement.
The conspiracist in me thinks he may be tanking this case. While Ladies Nights are relatively benign, there are more insidious versions of gender based pricing. For example, there have been studies where a man and a woman took the exact same garment to a dry cleaner, and the woman was charged substantially more. Hollander may be intentionally losing to set a precedent that makes it harder to challenge discrimination against women.
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Alex commented on the article |While I appreciate the article as a whole, I'd have to take issue with the widely held belief that our history has constituted an "eternal march toward fairness". Contrast the period of Reconstruction, when many African-Americans held elected office and had many of the same legal, political, and economic opportunities as whites to what is sometimes referred to as "the Nadir of Race Relations."
It's important to remember that even in this country things don't always get better. Sometimes they get much, much worse, and we must be ever vigilant to protect our liberties and our pluralistic ideals.
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Alex commented on the article |While it is true that the tradition of changing names has its roots in patriarchy, that doesn't tell the whole story. Surnames (in Western culture, last names) signify family connections. I come from a fairly large family on my mothers side, and am sometimes addressed by her maiden name. When this happens, I never correct the person, because while that isn't my legal name, the name correctly identifies my association with that family.
It's not enough simply to observe that the process of the bride changing her surname is rooted in patriarchy. It is worth thinking about where she, and her husband got their surnames. Possibly both got them from their fathers, because the patriarchal system dictates that the household is headed by the husband/father. There's no reason this must be so. When Jonathan Stuart Leibowitz got married, both he and his wife changed their names to Stewart.
Same-sex marriage propose unique opportunities, as well as familiar challenges. The burden of the expectations imposed by traditional gender roles are lifted, allowing for more flexibility. In creating a new family, same-sex couples can choose their own name, as Mrs. O'Cady (above) did. On the other hand, where people still have relationships with their families, it can be difficult when someone disclaims a family name.
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Alex signed the petition | -
Alex signed the petition |
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