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48 S.U. L. Rev. 39 (2020-2021)
Two Women and a Baby: The Effect of Same-Sex Marriage on a Presumption of Maternity in a Dual Paternity State

handle is hein.journals/soulr48 and id is 43 raw text is: TWO WOMEN AND A BABY: THE EFFECT OF SAME- SEX MARRIAGE ON A PRESUMPTION OF MATERNITY IN A DUAL PATERNITY STATE Sarah J. Pennington* And Adam said, This is now bone of my bones, and flesh of my flesh: she shall be called Woman, because she was taken out of Man.1 I. INTRODUCTION The right to marry is considered a fundamental right inherent in the liberty of the person.2 Historically, this right was only extended to persons who established an intimate relationship with one person of the opposite sex. For nearly thousands of years, however, the family structure has been shifting from a traditional structure to the inclusion of a more non-traditional structure. The typical family (one father and one mother) has evolved into numerous variations ranging from one parent households-one father or one mother-to two parent households that include either one father, one mother, two fathers, or two mothers. Because of the traditional view of the family, many state laws were signed and passed under the consideration of a family that consisted of a father, a mother, and children.3 With laws governing a society that has drastically * Southern University Law Center, J.D. Candidate 2020. First, I would like to thank Professor Virginia Listach for providing me with constructive advice and explorative ideas, which helped me tremendously, guiding my article in a direction of quality. Secondly, many thanks to my family and friends for their encouragement and support. But, most importantly, I give thanks to the one and only wise God who has provided me with the ability and the knowledge to perform such great a task as this in the midst of my busy schedule. 1. Genesis 2:23 (kjv). Following the creation of the world, God created man and, his counterpart, woman. This biblical story has spawned the foundation for the traditional family structure-one man and one woman. And although society has evolved into a different concept of family, many state laws were created under that structure, which has been the source of debate for many years. 2. LA. Civ. CODE ANN. ART. 89. (2018) notes of decision. 3. H. CON. REs. No. 124 of the 1996 Regular Session, (stating the Louisiana Legislative intent for creating article 86 of the Louisiana Civil Code

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