Cover image for Marriage and same-sex unions : a debate
Title:
Marriage and same-sex unions : a debate
Author:
Wardle, Lynn D.
Publication Information:
Westport, Conn. : Praeger, [2003]

©2003
Physical Description:
xiii, 396 pages ; 25 cm
Language:
English
Contents:
Pt. 1. Marriage and same-sex unions in comparative, historical, and family policy perspectives -- pt. 2. Issues of jurisprudence and political philosophy in the debate on marriage and same-sex unions -- pt. 3. U.S. constitutional law issues concerning same-sex marriage or domestic partnership -- pt. 4. Issues of state constitutional law and international law concerning marriage and same-sex unions.
Reading Level:
1630 Lexile.
Added Author:
ISBN:
9780275976538
Format :
Book

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Summary

Summary

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.


Author Notes

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).


Reviews 1

Choice Review

Because the editors (and 19 of 20 contributors) are distinguished law professors, the debate presented here is incisive. Organized as 20 pairs of propositions with responses, the essays engage such matters as tradition as benchmark, state interests, equal protection, Vermont's example, constitutionality, interstate recognition, and homosexuality. This format teases out larger meanings. Traditionalists here believe marriage means exclusively a sacred union intended for "generativity," not simply the committed relationship many couples sign up for. Conservatives hearken to the past, before courts adjudicated complexities of single-parent families, unmarried parents, and same-sex relationships. Deploring big judicial steps that broaden protections and rights for diverse, even same-sex relationships, conservatives sharpen the contrasts between relationships and marriage. They hope that the Defense of Marriage Act (1996) and sundry state laws will slow (maybe reverse) current trends, but they see same-sex marriages on the horizon. Advocates of change, arguing equality and celebrating committed relationships, underscore the states' custom of acknowledging other states' marriages, even ones locally forbidden (for example, on age or consanguinity grounds). Do Canada, Belgium, Denmark, the Netherlands, and Vermont predict the future? This debate wonderfully articulates what is at stake. Only endnotes and list of cases cited. ^BSumming Up: Highly recommended. All levels and collections. P. K. Cline Earlham College


Table of Contents

Evan WolfsonMaggie GallagherMaggie GallagherEvan WolfsonMark StrasserJohn Witte, Jr.John Witte, Jr.Mark StrasserArthur S. LeonardLynne Marie KohmLynne Marie KohmArthur S. LeonardStephen MacedoLynn D. WardleRobert P. GeorgeMark StrasserCarlos A. BallTeresa Stanton CollettTeresa Stanton CollettCarlos A. BallWilliam N. Eskridge, Jr.Lynn D. WardleLynn D. WardleWilliam N. Eskridge, Jr.Andrew KoppelmanRichard G. WilkinsRichard G. WilkinsAndrew KoppelmanDavid B. CruzRichard F. DuncanRichard F. DuncanDavid B. CruzGreg JohnsonWilliam C. DuncanWilliam C. DuncanGreg JohnsonBarbara J. CoxPatrick J. BorchersPatrick J. BorchersBarbara J. CoxJames D. WiletsRobert John Araujo, S.J.Robert John Araujo, S.J.James D. Wilets
Prefacep. xi
Part I Marriage and Same-Sex Unions in Comparative, Historical, and Family Policy Perspectivesp. 1
Chapter 1
Essay 1 All Together Nowp. 3
Response: A Reality Waiting to Happen: A Response to Evan Wolfsonp. 10
Essay 2 Normal Marriage: Two Viewsp. 13
Response: Enough Marriage to Share: A Response to Maggie Gallagherp. 25
Chapter 2
Essay 1 The State Interests in Recognizing Same-Sex Marriagep. 33
Response: Reply to Professor Mark Strasserp. 43
Essay 2 The Tradition of Traditional Marriagep. 47
Response: The Logical Case for Same-Sex Marriage: A Response to Professor John Witte, Jr.p. 60
Chapter 3
Essay 1 On Legal Recognition for Same-Sex Partnersp. 65
Response: Reply to Arthur S. Leonardp. 78
Essay 2 Marriage by Designp. 81
Response: Reply to "Marriage by Design"p. 91
Part II Issues of Jurisprudence and Political Philosophy in the Debate on Marriage and Same-Sex Unionsp. 95
Chapter 4
Essay 1 Homosexuality and the Conservative Mindp. 97
Response: Image, Analysis, and the Nature of Relationshipsp. 115
Essay 2 Neutrality, Equality, and "Same-Sex Marriage"p. 119
Response: On Justice, Exclusion, and Equal Treatment: A Response to Professor Robert P. Georgep. 133
Chapter 5
Essay 1 Marriage, Same-Gender Relationships, and Human Needs and Capabilitiesp. 137
Response: The Illusory Public Benefits of Same-Sex Encounters: A Response to Professor Carlos A. Ballp. 148
Essay 2 Should Marriage Be Privileged? The State's Interest in Childbearing Unionsp. 152
Response: One Last Hope: A Response to Professor Teresa Stanton Collettp. 162
Chapter 6
Essay 1 The Same-Sex-Marriage Debate and Three Conceptions of Equalityp. 167
Response: Beyond Equalityp. 186
Essay 2 Marriage, Relationships, Same-Sex Unions, and the Right of Intimate Associationp. 190
Response: Terms of Endearmentp. 203
Part III U.S. Constitutional Law Issues Concerning Same-Sex Marriage or Domestic Partnershipp. 207
Chapter 7
Essay 1 Discrimination Against Gays Is Sex Discriminationp. 209
Response: Reply to "Discrimination Against Gays Is Sex Discrimination"p. 221
Essay 2 The Constitutionality of Legal Preferences for Heterosexual Marriagep. 227
Response: Reply to "The Constitutionality of Legal Preferences for Heterosexual Marriage"p. 241
Chapter 8
Essay 1 Civil Marriage and the First Amendmentp. 245
Response: Reflections on the Emperor's Clothes: A Response to Professor David B. Cruz's Theory on Marriage and the First Amendmentp. 261
Essay 2 Hardwick's Landmark Status, Romer's Narrowness, and the Preservation of Marriagep. 264
Response: Social and Judicial "Just-So" Storiesp. 276
Part IV Issues of State Constitutional Law and International Law Concerning Marriage and Same-Sex Unionsp. 281
Chapter 9
Essay 1 Vermont Civil Unions: A Success Storyp. 283
Response: Are Civil Unions Mandated by Constitutional Law? A Response to Greg Johnsonp. 294
Essay 2 Imposing the Same-Sex-Marriage Template on State Constitutional Law: The Implications for Marriage, Constitutional Theory, and Democracyp. 297
Response: Reply to William C. Duncanp. 309
Chapter 10
Essay 1 Applying the Usual Marriage-Validation Rule to Marriages of Same-Sex Couplesp. 313
Response: Reply to Professor Barbara J. Coxp. 327
Essay 2 Interstate Recognition of Nontraditional Marriagesp. 331
Response: Reply to Dean Patrick J. Borchers's Essayp. 343
Chapter 11
Essay 1 The Inexorable Momentum Toward National and International Recognition of Same-Sex Relationships: An International, Comparative, Historical, and Cross-Cultural Perspectivep. 349
Response: Reply to Professor James D. Wilets's Essayp. 361
Essay 2 Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriagep. 367
Response: Reply to Father Robert John Araujo's "Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage"p. 380
Index of Casesp. 385
Indexp. 387
About the Editors and Contributorsp. 393