The Implications of United States v. Windsor and Hollingsworth v. Perry for Family Law, Constitutional Law, Tax Law, and Society

November 1, 2013

A flyer with details about the symposium is available here.


Introductory Comments and Opening Remarks

Panel One – Windsor and Perry: Game Changers for Constitutional Law?
This panel will address the construction and affects of Windsor: its judicial craftsmanship, expansion of Romer and Lawrence, affects on federalism and equal protection, implications for DOMA’s Section2 and same sex marriage bans, and its creation of a new test for constitutionality. The panel will also discuss democracy and the culture of pluralism after Windsor and Perry. Presenters: Mark Strasser, Richard Myers, Clifford Rosky, Scott Gaylord, William Duncan, Robert Destro


Panel One Continued

Question and Answer Session

Lunch (a catered lunch will be provided for registrants free of charge)

Panel Two – Effects on the Family: Windsor and Perry
This panel will address how Windsor and Perry affect family law: creating a new morality through old language, the collateral effects of the decisions, the implications for the American kinship system, and the intersection of the decisions with North Carolina’s Amendment One. Presenters:  Lynn Wardle, Scott Fizgibbon, Lynne Kohm, Rebecca Perry

Question and Answer Session


Panel Three – Feds vs. States: Tax Changes with Windsor and Perry
This panel will examine federal and state taxes under DOMA and how where you live may affect what and how you pay.  It will also look at estate planning, inheritance taxes, and how Windsor and Perry are fueling heated tax debates. Presenters:  Patricia Cain, David Herzig, Jennifer Bird-Pollan

Question and Answer Session

Closing Remarks


Jennifer Bird-Pollan, Professor at the University of Kentucky College of Law

Patricia Cain, Professor at the Santa Clara School of Law

Robert Destro, Professor in the School of Law at The Catholic University of America

William Duncan, Director of the Marriage Law Foundation, former visiting Professor of the J. Reuben Clark Law School at Brigham Young University

Scott Fitzgibbon, Professor at the Boston College Law School

Scott Gaylord, Professor at the Elon University School of Law

David Herzig, Professor at the Valparaiso School of Law

Lynne Kohm, John Brown McCarty Professor of Family Law at Regent University School of Law

Richard Myers, Professor at the Ave Maria School of Law

Rebecca Perry, NC Board Certified Family Law Specialist with McKinney, Perry, & Coalter

Clifford Rosky, Professor at the University of Utah’s S.J. Quinney College of Law

Mark Strasser, Professor at the Capital University Law School

Lynn Wardle, Bruce C. Hafen Professor at the J. Reuben Clark Law School at Brigham Young University

Cosponsored by The Marriage and Family Law Research Project of BYU Law School located in Provo, Utah.

This event is free of charge, including lunch for all registered participants. The symposium is open to all members of the Elon Law extended community, including preceptors and members of the legal community in the region.

5.25 hours of CLE credit is anticipated for this forum.