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Marriage and Same-Sex Unions: A Debate [Pehme köide]

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  • Formaat: Paperback / softback, 408 pages, 1 Paperback / softback
  • Ilmumisaeg: 30-Apr-2003
  • Kirjastus: Praeger Publishers Inc
  • ISBN-10: 0313361401
  • ISBN-13: 9780313361401
  • Formaat: Paperback / softback, 408 pages, 1 Paperback / softback
  • Ilmumisaeg: 30-Apr-2003
  • Kirjastus: Praeger Publishers Inc
  • ISBN-10: 0313361401
  • ISBN-13: 9780313361401
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.

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.




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.



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.

Arvustused

"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....Highly recommended. All levels and collections." - Choice "[ t]he editors of Marriage and Same-Sex Unions: A Debate have laid the groundwork necessary to achieve their purpose of educating a broader audience on the intricacies of the controversy....[ w]ritten and published before Lawrence v. Texas (2003), which sparked the call for a Federal Marriage Amendment that would limit marriage to heterosexual relationships. Given these recent developments and the profile that such an issue is likely to receive in our political science and constitutional law classes, understanding both sides of the gay marriage argument is ever more important. This book can provide the instructor with an understanding of the significant legal arguments on both sides of the gay marriage question." - The Law and Politics Book Review "New and previously published writings on the question of whether to extend state recognition to same-sex unions." - The Chronicle of Higher Education

Muu info

This in-depth introduction to the pivotal arguments for and against legalizing same-sex marriage attempts to exemplify the high quality of thoughtful discussion that is possible.
Preface xi
Part I Marriage and Same-Sex Unions in Comparative, Historical, and Family Policy Perspectives 1
Chapter 1
Essay One All Together Now, Evan Wolfson
3
Response A Reality Waiting to Happen: A Response to Evan Wolfson, Maggie Gallagher
10
Essay Two Normal Marriage: Two Views, Maggie Gallagher
13
Response Enough Marriage to Share: A Response to Maggie Gallagher, Evan Wolfson
25
Chapter 2
Essay One The State Interests in Recognizing Same-Sex Marriage, Mark Strasser
33
Response Reply to Professor Mark Strasser, John Witte, Jr.
43
Essay Two The Tradition of Traditional Marriage, John Witte, Jr.
47
Response The Logical Case for Same-Sex Marriage: A Response to Professor John Witte, Jr., Mark Strasser
60
Chapter 3
Essay One On Legal Recognition for Same-Sex Partners, Arthur S. Leonard
65
Response Reply to Arthur S. Leonard, Lynne Marie Kohm
78
Essay Two Marriage by Design, Lynne Marie Kohm
81
Response Reply to "Marriage by Design," Arthur S. Leonard
91
Part II Issues of Jurisprudence and Political Philosophy in the Debate on Marriage and Same-Sex Unions 95
Chapter 4
Essay One Homosexuality and the Conservative Mind, Stephen Macedo
97
Response Image, Analysis, and the Nature of Relationships, Lynn D. Wardle
115
Essay Two Neutrality, Equality, and "Same-Sex Marriage," Robert P. George
119
Response On Justice, Exclusion, and Equal Treatment: A Response to Professor Robert P. George, Mark Strasser
133
Chapter 5
Essay One Marriage, Same-Gender Relationships, and Human Needs and Capabilities, Carlos A. Ball
137
Response The Illusory Public Benefits of Same-Sex Encounters: A Response to Professor Carlos A. Ball, Teresa Stanton Collett
148
Essay Two Should Marriage Be Privileged? The State's Interest in Childbearing Unions, Teresa Stanton Collett
152
Response One Last Hope: A Response to Professor Teresa Stanton Collett, Carlos A. Ball
162
Chapter 6
Essay One The Same-Sex-Marriage Debate and Three Conceptions of Equality, William N. Eskridge, Jr.
167
Response Beyond Equality, Lynn D. Wardle
186
Essay Two Marriage, Relationships, Same-Sex Unions, and the Right of Intimate Association, Lynn D. Wardle
190
Response Terms of Endearment, William N. Eskridge, Jr.
203
Part III U.S. Constitutional Law Issues Concerning Same-Sex Marriage or Domestic Partnership 207
Chapter 7
Essay One Discrimination Against Gays Is Sex Discrimination, Andrew Koppelman
209
Response Reply to "Discrimination Against Gays Is Sex Discrimination," Richard G. Wilkins
221
Essay Two The Constitutionality of Legal Preferences for Heterosexual Marriage, Richard G. Wilkins
227
Response Reply to "The Constitutionality of Legal Preferences for Heterosexual Marriage," Andrew Koppelman
241
Chapter 8
Essay One Civil Marriage and the First Amendment, David B. Cruz
245
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
261
Essay Two Hardwick's Landmark Status, Romer's Narrowness, and the Preservation of Marriage, Richard F. Duncan
264
Response Social and Judicial "Just-So" Stories, David B. Cruz
276
Part IV Issues of State Constitutional Law and International Law Concerning Marriage and Same-Sex Unions 281
Chapter 9
Essay One Vermont Civil Unions: A Success Story, Greg Johnson
283
Response Are Civil Unions Mandated by Constitutional Law? A Response to Greg Johnson, William C. Duncan
294
Essay Two Imposing the Same-Sex-Marriage Template on State Constitutional Law: The Implications for Marriage, Constitutional Theory, and Democracy, William C. Duncan
297
Response Reply to William C. Duncan, Greg Johnson
309
Chapter 10
Essay One Applying the Usual Marriage-Validation Rule to Marriages of Same-Sex Couples, Barbara J. Cox
313
Response Reply to Professor Barbara J. Cox, Patrick J. Borchers
327
Essay Two Interstate Recognition of Nontraditional Marriages, Patrick J. Borchers
331
Response Reply to Dean Patrick J. Borchers's Essay, Barbara J. Cox
343
Chapter 11
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
349
Response Reply to Professor James D. Wilets's Essay, Robert John Araujo, S.J.
361
Essay Two Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage, Robert John Araujo, S.J.
367
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
380
Index of Cases 385
Index 387
About the Editors and Contributors 393
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).