Preface |
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xi | |
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Part I Marriage and Same-Sex Unions in Comparative, Historical, and Family Policy Perspectives |
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1 | (94) |
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3 | (10) |
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A Reality Waiting to Happen: A Response to Evan Wolfson |
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10 | (3) |
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Normal Marriage: Two Views |
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13 | (20) |
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Enough Marriage to Share: A Response to Maggie Gallagher |
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25 | (8) |
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The State Interests in Recognizing Same-Sex Marriage |
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33 | (14) |
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Reply to Professor Mark Strasser |
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43 | (4) |
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The Tradition of Traditional Marriage |
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47 | (18) |
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The Logical Case for Same-Sex Marriage: A Response to Professor John Witte, Jr. |
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60 | (5) |
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On Legal Recognition for Same-Sex Partners |
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65 | (16) |
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Reply to Arthur S. Leonard |
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78 | (3) |
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81 | (14) |
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Reply to ``Marriage by Design,'' |
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91 | (4) |
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Part II Issues of Jurisprudence and Political Philosophy in the Debate on Marriage and Same-Sex Unions |
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95 | (112) |
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Homosexuality and the Conservative Mind |
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97 | (22) |
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Image, Analysis, and the Nature of Relationships |
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115 | (4) |
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Neutrality, Equality, and ``Same-Sex Marriage,'' |
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119 | (18) |
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On Justice, Exclusion, and Equal Treatment: A Response to Professor Robert P. George |
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133 | (4) |
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Marriage, Same-Gender Relationships, and Human Needs and Capabilities |
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137 | (15) |
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The Illusory Public Benefits of Same-Sex Encounters: A Response to Professor Carlos A. Ball |
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148 | (4) |
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Should Marriage Be Privileged? The State's Interest in Childbearing Unions |
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152 | (15) |
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One Last Hope: A Response to Professor Teresa Stanton Collett |
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162 | (5) |
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The Same-Sex-Marriage Debate and Three Conceptions of Equality |
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167 | (23) |
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186 | (4) |
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Marriage, Relationships, Same-Sex Unions, and the Right of Intimate Association |
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190 | (17) |
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203 | (4) |
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Part III U.S. Constitutional Law Issues Concerning Same-Sex Marriage or Domestic Partnership |
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207 | (74) |
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Discrimination Against Gays Is Sex Discrimination |
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209 | (18) |
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Reply to ``Discrimination Against Gays Is Sex Discrimination,'' |
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221 | (6) |
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The Constitutionality of Legal Preferences for Heterosexual Marriage |
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227 | (18) |
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Reply to ``The Constitutionality of Legal Preferences for Heterosexual Marriage,'' |
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241 | (4) |
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Civil Marriage and the First Amendment |
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245 | (19) |
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Reflections on the Emperor's Clothes: A Response to Professor David B. Cruz's Theory on Marriage and the First Amendment |
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261 | (3) |
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Hardwick's Landmark Status, Romer's Narrowness, and the Preservation of Marriage |
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264 | (17) |
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Social and Judicial ``Just-So'' Stories |
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276 | (5) |
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Part IV Issues of State Constitutional Law and International Law Concerning Marriage and Same-Sex Unions |
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281 | (104) |
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Vermont Civil Unions: A Success Story |
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283 | (14) |
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Are Civil Unions Mandated by Constitutional Law? A Response to Greg Johnson |
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294 | (3) |
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Imposing the Same-Sex-Marriage Template on State Constitutional Law: The Implications for Marriage, Constitutional Theory, and Democracy |
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297 | (16) |
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Reply to William C. Duncan |
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309 | (4) |
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Applying the Usual Marriage-Validation Rule to Marriages of Same-Sex Couples |
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313 | (18) |
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Reply to Professor Barbara J. Cox |
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327 | (4) |
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Interstate Recognition of Nontraditional Marriages |
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331 | (18) |
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Reply to Dean Patrick J. Borchers's Essay |
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343 | (6) |
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The Inexorable Momentum Toward National and International Recognition of Same-Sex Relationships: An International, Comparative, Historical, and Cross-Cultural Perspective |
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349 | (18) |
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Reply to Professor James D. Wilets's Essay |
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361 | (6) |
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Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage |
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367 | (18) |
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Reply to Father Robert John Araujo's ``Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage,'' |
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380 | (5) |
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Index of Cases |
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385 | (2) |
Index |
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387 | (6) |
About the Editors and Contributors |
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393 | |