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