Marriage and Same-Sex Unions: A Debate

by Lynn D. Wardle (Editor), Mark Strasser (Editor), William C. Duncan (Editor), David Orgon Coolidge (Editor)

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 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.

Product Details

ISBN-13:	9780275976538
Publisher:	Bloomsbury Academic
Publication date:	04/30/2003
Edition description:	New Edition
Pages:	408
Product dimensions:	6.14(w) x 9.21(h) x 0.94(d)
Lexile:	1630L (what's this?)

About the Author

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).

Table of Contents

Contents PrefacexiPart I Marriage and Same-Sex Unions in Comparative, Historical, and Family Policy Perspectives1Chapter 1Essay One All Together Now,3Evan WolfsonResponse A Reality Waiting to Happen: A Response to Evan Wolfson,10Maggie GallagherEssay Two Normal Marriage: Two Views,13Maggie GallagherResponse Enough Marriage to Share: A Response to Maggie Gallagher,25Evan WolfsonChapter 2Essay One The State Interests in Recognizing Same-Sex Marriage,33Mark StrasserResponse Reply to Professor Mark Strasser,43John Witte, Jr.Essay Two The Tradition of Traditional Marriage,47John Witte, Jr.Response The Logical Case for Same-Sex Marriage: A Response to Professor John Witte, Jr.,60Mark StrasserChapter 3Essay One On Legal Recognition for Same-Sex Partners,65Arthur S. Leonardviii Contents Response Reply to Arthur S. Leonard,78Lynne Marie KohmEssay Two Marriage by Design,81Lynne Marie KohmResponse Reply to ###8220;Marriage by Design,###8221;91Arthur S. LeonardPart II Issues of Jurisprudence and Political Philosophy in the Debate on Marriage and Same-Sex Unions95Chapter 4Essay One Homosexuality and the Conservative Mind,97Stephen MacedoResponse Image, Analysis, and the Nature of Relationships,115Lynn D. WardleEssay Two Neutrality, Equality, and ###8220;Same-Sex Marriage,###8221;119Robert P. GeorgeResponse On Justice, Exclusion, and Equal Treatment: A Response to Professor Robert P. George,133Mark StrasserChapter 5Essay One Marriage, Same-Gender Relationships, and Human Needs and Capabilities,137Carlos A. BallResponse The Illusory Public Benefits of Same-Sex Encounters: A Response to Professor Carlos A. Ball,148Teresa Stanton CollettEssay Two Should Marriage Be Privileged? The State###8217;s Interest in Childbearing Unions,152Teresa Stanton CollettResponse One Last Hope: A Response to Professor Teresa Stanton Collett,162Carlos A. BallChapter 6Essay One The Same-Sex-Marriage Debate and Three Conceptions of Equality,167William N. Eskridge, Jr.Response Beyond Equality,186Lynn D. WardleEssay Two Marriage, Relationships, Same-Sex Unions, and the Right of Intimate Association,190Lynn D. WardleResponse Terms of Endearment,203William N. Eskridge, Jr.Contents ix Part III U.S. Constitutional Law Issues Concerning Same-Sex Marriage or Domestic Partnership207Chapter 7Essay One Discrimination Against Gays Is Sex Discrimination,209Andrew KoppelmanResponse Reply to ###8220;Discrimination Against Gays Is Sex Discrimination,###8221;221Richard G. WilkinsEssay Two The Constitutionality of Legal Preferences for Heterosexual Marriage,227Richard G. WilkinsResponse Reply to ###8220;The Constitutionality of Legal Preferences for Heterosexual Marriage,###8221;241Andrew KoppelmanChapter 8Essay One Civil Marriage and the First Amendment,245David B. CruzResponse Reflections on the Emperor###8217;s Clothes: A Response to Professor David B. Cruz###8217;s Theory on Marriage and the First Amendment,261Richard F. DuncanEssay Two Hardwick###8217;s Landmark Status, Romer###8217;s Narrowness, and the Preservation of Marriage,264Richard F. DuncanResponse Social and Judicial ###8220;Just-So###8221; Stories,276David B. CruzPart IV Issues of State Constitutional Law and International Law Concerning Marriage and Same-Sex Unions281Chapter 9Essay One Vermont Civil Unions: A Success Story,283Greg JohnsonResponse Are Civil Unions Mandated by Constitutional Law? A Response to Greg Johnson,294William C. DuncanEssay Two Imposing the Same-Sex-Marriage Template on State Constitutional Law: The Implications for Marriage, Constitutional Theory, and Democracy,297William C. DuncanResponse Reply to William C. Duncan,309Greg JohnsonChapter 10Essay One Applying the Usual Marriage-Validation Rule to Marriages of Same-Sex Couples,313Barbara J. CoxResponse Reply to Professor Barbara J. Cox,327Patrick J. BorchersEssay Two Interstate Recognition of Nontraditional Marriages,331Patrick J. Borchersx Contents Response Reply to Dean Patrick J. Borchers###8217;s Essay,343Barbara J. CoxChapter###160;11Essay One The Inexorable Momentum Toward National and International Recognition of Same-Sex Relationships: An International, Comparative, Historical, and Cross-Cultural Perspective,349James D. WiletsResponse Reply to Professor James D. Wilets###8217;s Essay,361Robert John Araujo, S.J.Essay Two Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage,367Robert John Araujo, S.J.Response Reply to Father Robert John Araujo###8217;s ###8220;Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage,###8221;380James D. WiletsIndex of Cases385Index387About the Editors and Contributors393

Editorial Reviews

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

From the Publisher