Marriage and Same-sex Unions: A Debate (Google eBook)

Front Cover
Lynn D. Wardle
Greenwood Publishing Group, 2003 - Family & Relationships - 396 pages
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This book exemplifies the high quality of thoughtful discussion and debate that is possible on the issue of same-sex marriage. Authors are paired to address and respond to a particular topic, one in favor of state recognition of same-sex relationships, and one in favor of limiting state recognition to those relationships that have been traditionally recognized as marriages.

Proposals to legalize same-sex marriage evoke strong response from those on both sides of the debate. Much has been written about the legal policy issues over the legal recognition of same-sex unions in the United States, yet there has been little dialogue and exchange between participants in the debate. This book attempts to open that dialogue, and to exemplify the high quality of thoughtful discussion and debate that is possible. Authors are paired to address and respond to a particular topic, one in favor of state recognition of same-sex relationships and one in favor of limiting state recognition to those relationships that have been traditionally recognized as marriages.

This ideal introduction is designed to lead the reader through the relevant issues, progressing from the general to the particular. Debates are contextualized, offering comparative, historical, and family-policy perspectives, asking fundamental questions such as what is the purpose of a family, and what interests, if any, that state has in promoting a particular type of family over others. Issues of jurisprudence and political philosophy are examined, addressing the public benefits of marriage and equal treatment before the law, among other items. The constitutionality of same-sex marriage or domestic partnership policies is explored. Finally, this book covers the broad implications when states—such as Vermont—legally recognize same-sex unions, and the impact of international recognition of same-sex marriage rights.

  

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Contents

Essay One All Together Now
3
A Reality Waiting to Happen A Response to Evan Wolfson
10
Normal Marriage Two Views
13
Enough Marriage to Share A Response to Maggie Gallagher
25
Essay One The State Interests in Recognizing SameSex Marriage
33
Reply to Professor Mark Strasser
43
The Tradition of Traditional Marriage
47
The Logical Case for SameSex Marriage A Response to Professor John Witte Jr
60
Essay One Discrimination Against Gays Is Sex Discrimination
209
Reply to Discrimination Against Gays Is Sex Discrimination
221
The Constitutionality of Legal Preferences for Heterosexual Marriage
227
Reply to The Constitutionality of Legal Preferences for Heterosexual Marriage
241
Essay One Civil Marriage and the First Amendment
245
Reflections on the Emperors Clothes A Response to Professor David B Cruzs Theory on Marriage and the First Amendment
261
Hardwick 5 Landmark Status Romer 5 Narrowness and the Preservation of Marriage
264
Social and Judicial Just So Stories
276

Essay One On Legal Recognition for SameSex Partners
65
Reply to Arthur S Leonard
78
Marriage by Design
81
Reply to Marriage by Design
91
Issues of Jurisprudence and Political Philosophy in the Debate on Marriage and SameSex Unions
95
Essay One Homosexuality and the Conservative Mind
97
Image Analysis and the Nature of Relationships
115
Neutrality Equality and SameSex Marriage
119
On Justice Exclusion and Equal Treatment A Response to Professor
133
Essay One Marriage SameGender Relationships and Human Needs and Capabilities
137
The Illusory Public Benefits of Same Sex Encounters A Response to Professor Carlos A Ball
148
Should Marriage Be Privileged? The States Interest in Childbearing Unions
152
One Last Hope A Response to Professor Teresa Stanton Collett
162
Essay One The SameSexMarriage Debate and Three Conceptions of Equality
167
Beyond Equality
186
Marriage Relationships SameSex Unions and the Right of Intimate Association
190
Terms of Endearment
203
US Constitutional Law Issues Concerning SameSex Marriage or Domestic Partnership
207
Issues of State Constitutional Law and International Law Concerning Marriage and SameSex Unions
281
Essay One Vermont Civil Unions A Success Story
283
Are Civil Unions Mandated by Constitutional Law? A Response to Greg Johnson
294
Imposing the SameSexMarriage Template on State Constitutional Law The Implications for Marriage Constitutional Theory and Democracy
297
Reply to William C Duncan
309
Essay One Applying the Usual Marriage Validation Rule to Marriages of SameSex Couples
313
Reply to Professor Barbara J Cox
327
Interstate Recognition of Nontraditional Marriages
331
Reply to Dean Patrick J Borcherss Essay
343
Essay One The Inexorable Momentum Toward National and International Recognition of SameSex Relationships An International Comparative Histo...
349
Reply to Professor James D Wiletss Essay
361
Marriage Relationship and International Law The Incoherence of the Argument for SameSex Marriage
367
Reply to Father Robert John Araujos Marriage Relationship and International Law The Incoherence of the Argument for SameSex Marriage
380
Index of Cases
385
Index
387
About the Editors and Contributors
393
Copyright

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References to this book

Marriage
Rebecca Stefoff
Limited preview - 2006

About the author (2003)

LYNN D. WARDLE is Professor of Law at the J. Reuben Clark Law School, Brigham Young University. He is co-editor of Revitalizing the Institution of Marriage for the Twenty-First Century (Praeger, 2002).MARK STRASSER is the Trustees Professor of Law at Capital University Law School in Columbus, Ohio. He is the author of On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads (Praeger, 2002).WILLIAM C. DUNCAN is the Assistant Director of the Marriage Law Project, based at the Columbus School of Law of the Catholic University of America.DAVID ORGON COOLIDGE was Director of the Marriage Law Project at the Columbus School of Law, Catholic University of America, until his death in 2002. He is co-editor of Revitalizing the Institution of Marriage for the Twenty-First Century (Praeger, 2002).

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