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.
| Preface | ||
| Pt. I | Marriage and Same-Sex Unions in Comparative, Historical, and Family Policy Perspectives | 1 |
| 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 | |
| The State Interests in Recognizing Same-Sex Marriage | 33 | |
| Reply to Professor Mark Strasser | 43 | |
| The Tradition of Traditional Marriage | 47 | |
| The Logical Case for Same-Sex Marriage: A Response to Professor John Witte, Jr. | 60 | |
| On Legal Recognition for Same-Sex Partners | 65 | |
| Reply to Arthur S. Leonard | 78 | |
| Marriage by Design | 81 | |
| Reply to "Marriage by Design" | 91 | |
| Pt. II | Issues of Jurisprudence and Political Philosophy in the Debate on Marriage and Same-Sex Unions | 95 |
| Homosexuality and the Conservative Mind | 97 | |
| Image, Analysis, and the Nature of Relationships | 115 | |
| Neutrality, Equality, and "Same-Sex Marriage" | 119 | |
| On Justice, Exclusion, and Equal Treatment: A Response to Professor Robert P. George | 133 | |
| Marriage, Same-Gender 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 State's Interest in Childbearing Unions | 152 | |
| One Last Hope: A Response to Professor Teresa Stanton Collett | 162 | |
| The Same-Sex-Marriage Debate and Three Conceptions of Equality | 167 | |
| Beyond Equality | 186 | |
| Marriage, Relationships, Same-Sex Unions, and the Right of Intimate Association | 190 | |
| Terms of Endearment | 203 | |
| Pt. III | U. S. Constitutional Law Issues Concerning Same-Sex Marriage or Domestic Partnership | 207 |
| 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 | |
| Civil Marriage and the First Amendment | 245 | |
| Reflections on the Emperor's Clothes: A Response to Professor David B. Cruz's Theory on Marriage and the First Amendment | 261 | |
| Hardwick's Landmark Status, Romer's Narrowness, and the Preservation of Marriage | 264 | |
| Social and Judicial "Just-So" Stories | 276 | |
| Pt. IV | Issues of State Constitutional Law and International Law Concerning Marriage and Same-Sex Unions | 281 |
| Vermont Civil Unions: A Success Story | 283 | |
| Are Civil Unions Mandated by Constitutional Law? A Response to Greg Johnson | 294 | |
| Imposing the Same-Sex-Marriage Template on State Constitutional Law: The Implications for Marriage, Constitutional Theory, and Democracy | 297 | |
| Reply to William C. Duncan | 309 | |
| Applying the Usual Marriage-Validation Rule to Marriages of Same-Sex Couples | 313 | |
| Reply to Professor Barbara J. Cox | 327 | |
| Interstate Recognition of Nontraditional Marriages | 331 | |
| Reply to Dean Patrick J. Borcher's Essay | 343 | |
| The Inexorable Momentum Toward National and International Recognition of Same-Sex Relationships: An International, Comparative, Historical, and Cross-Cultural Perspective | 349 | |
| Reply to Professor James D. Wilets's Essay | 361 | |
| Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage | 367 | |
| Reply to Father Robert John Araujo's "Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage" | 380 | |
| Index of Cases | 385 | |
| Index | 387 | |
| About the Editors and Contributors | 393 |
Overview
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...