Download or read book Justifying Same Sex Marriage written by Louise Richardson-Self and published by Rowman & Littlefield. This book was released on 2015-05-29 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is massive public interest in same-sex marriage, a controversial topic that is rarely out of the media. This book investigates the extent to which legalizing same-sex marriage can contribute to ending the discrimination and social stigma faced by lesbian, gay, bisexual, and transgender men and women (LGBT) in the Western world. This issue breaks down into several further questions: can marriage equality be defended without reinforcing the idea that marriage is the most/only valuable form of intimate relationship? Can marriage equality be defended without further marginalizing non-conforming LGBT people? What kind of equality should LGBT people strive for? What critical agency might they lose when this equality is achieved? What institutional legacies should we embrace? The book focuses on human rights arguments supporting same-sex marriage and questions whether they are likely to both justify legal change and encourage shifts in the sociopolitical reception of LGBT people. After critically analyzing various arguments in favor of same-sex marriage, the author puts forward a justification that allows for marriage equality and does not result in the assimilation of queer identities into heteronormative identity.
Download or read book The Challenge of Same Sex Marriage written by Mark Strasser and published by Praeger. This book was released on 1999-09-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the constitutional dimensions of the same-sex marriage referenda in Hawaii and Alaska, and discusses the limited conditions under which the US constitution allows states to refuse recognition of same-sex marriages validly celebrated in a sister state.
Download or read book Same Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2017-06-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.
Download or read book Same Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2017-06-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.
Download or read book Same Sex Marriage written by Gerry Boehme and published by Cavendish Square Publishing, LLC. This book was released on 2018-07-15 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: On June 26, 2015, the United States Supreme Court legalized same-sex marriage in all U.S. states, ruling that the Constitution guarantees marriage rights to all citizens regardless of their sexual preference. The historic decision was hailed as a major victory by LGBT-rights advocates, but opponents condemned it as an assault on traditional values. This timely, essential volume traces the history of the landmark Supreme Court case, including the arguments for and against same-sex marriage that still rage today.
Download or read book Equality Dignity and Same Sex Marriage written by Man Yee Karen Lee and published by BRILL. This book was released on 2010-04-06 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the concepts of equality and dignity under same-sex marriage jurisprudence. Having surveyed the multinational developments of same-sex marriage and arguments from proponents and opponents, the writer studies the two concepts with an aim to revealing their inadequacies as grounds for contentious rights claims such as same-sex marriage. To truly live up to the spirit of equality and equal dignity, the writer argues that the seemingly uncompromising disagreement over the issue requires people to explore common ground to make room for deliberation. It also requires the disagreeing parties to acknowledge that their disagreement is about the best interpretation of fundamental values that everyone shares, and not confrontation between conflicting worldviews neither of which is comprehensible to the other.
Download or read book Same sex Marriage Debate written by Justin Healey and published by . This book was released on 2013 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Same-sex marriages are currently not permitted under Australian federal law. Although same-sex couples in a de facto relationship have had most of the legal rights of married couples since July 2009, there is however no national registered partnership or civil union scheme.
Download or read book Perry V Schwarzenegger and the Future of Same Sex Marriage Law written by Clifford Rosky and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Perry v. Schwarzenegger, Chief Judge Vaughn Walker held that Proposition 8 -- an amendment to the California Constitution that prohibits same-sex couples from marrying -- violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment. To date, legal experts have claimed that although Judge Walker's factual findings may be novel and significant, his legal analysis is familiar and not likely to have a significant impact, in this case or others. This Article argues that the common wisdom about Judge Walker's ruling is misguided, because it overlooks novel aspects of Judge Walker's legal analysis that have the potential to make valuable contributions to the development of same-sex marriage law. By building upon passages from Judge Walker's ruling, the Article develops three new challenges to the constitutionality of laws that prohibit same-sex couples from marrying. Part I argues that the historical relationship between sex discrimination and sexual orientation discrimination can provide a basis for applying heightened scrutiny to laws against same-sex marriage under the Due Process Clause, as an alternative to the prevailing theory that calls for applying heightened scrutiny to such laws under the Equal Protection Clause. Part II argues that under the Due Process and Equal Protection Clauses, the state may not justify laws against same-sex marriage based on the fear that exposing children to homosexuality will encourage them to be lesbian, gay, or bisexual, because the state does not have any legitimate interest in encouraging children to be heterosexual. Part III argues that the Due Process and Equal Protection Clauses prohibit the state from justifying laws against same-sex marriage on purely moral grounds for similar reasons, and to a similar extent, that the Establishment Clause prohibits the state from justifying such laws on purely religious grounds. While each of these challenges represents a significant contribution to the development of same-sex marriage law, each one also offers a new insight into the meaning of the Due Process and Equal Protection Clauses, thereby contributing to broader developments in the theory and practice of constitutional law. The Article concludes by exploring how these challenges may change the ways that litigants and courts analyze the constitutionality of laws against same-sex marriage and how they are likely to be received by the U.S. Supreme Court.
Download or read book Same Sex Marriage in the United States written by Jason Pierceson and published by Rowman & Littlefield. This book was released on 2014-04-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Same-sex marriage has become one of the defining social issues in contemporary U.S. politics. State court decisions finding in favor of same-sex relationship equality claims have been central to the issue’s ascent from nowhere to near the top of the national political agenda. Same Sex Marriage in the United States tells the story of the legal and cultural shift, its backlash, and how it has evolved over the past 15 years. This book aids in a classroom examination of the legal, political, and social developments surrounding the issue of same-sex marriage in the United States. While books about same-sex marriage have proliferated in recent years, few, if any, have provided a clear and comprehensive account of the litigation for same-sex marriage, and its successes and failures, as this book does. Updated through 2013, this edition details the watershed rulings in favor of same-sex marriage: the Supreme Court's June 26th repeal of DOMA, and of Proposition 8 in California, as well as the many states (New Jersey, Illinois, New Mexico, Hawaii, and Nevada among others) where activists and public leaders have made recent strides to ensure that gay couples have an equal right to marry.
Download or read book Same sex Marriage written by Patricia M. Stockland and published by ABDO. This book was released on 2007-08-01 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the controversial viewpoints regarding same-sex marriages.
Download or read book Moral Argument Religion and Same sex Marriage written by Gordon Albert Babst and published by Rowman & Littlefield. This book was released on 2009 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The diverse, expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Proposition 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. The main contribution of moral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse-such as governmental neutrality, the right to marry, and religious freedom-are presented and cast in the light of liberal-democratic theory. Book jacket.
Download or read book Constitutional Courts Gay Rights and Sexual Orientation Equality written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
Download or read book Legally Wed written by Mark Strasser and published by Cornell University Press. This book was released on 2018-05-31 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision. Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant. The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions—that marriage exists to provide a setting for the production and raising of children—is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.
Download or read book Gay Marriage written by Jonathan Rauch and published by Macmillan. This book was released on 2005-02-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading Washington journalist argues that gay marriage is the best way to preserve and protect society's most essential institution Two people meet and fall in love. They get married, they become upstanding members of their community, they care for each other when one falls ill, they grow old together. What's wrong with this picture? Nothing, says Jonathan Rauch, and that's the point. If the two people are of the same sex, why should this chain of events be any less desirable? Marriage is more than a bond between individuals; it also links them to the community at large. Excluding some people from the prospect of marriage not only is harmful to them, but is also corrosive of the institution itself. The controversy over gay marriage has reached a critical point in American political life as liberals and conservatives have begun to mobilize around this issue, pro and con. But no one has come forward with a compelling, comprehensive, and readable case for gay marriage-until now. Jonathan Rauch, one of our most original and incisive social commentators, has written a clear and honest manifesto explaining why gay marriage is important-even crucial-to the health of marriage in America today. Rauch grounds his argument in commonsense, mainstream values and confronting the social conservatives on their own turf. Gay marriage, he shows, is a "win-win-win" for strengthening the bonds that tie us together and for remaining true to our national heritage of fairness and humaneness toward all.
Download or read book Same sex Marriage written by Mathew D. Staver and published by B&H Publishing Group. This book was released on 2004 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Staver argues that the allowing of same-sex marriages in San Francisco speaks to the homosexual agenda's cultural assault and the church's timidity in confronting it.
Download or read book Same Sex Marriage and American Constitutionalism written by Murray Dry and published by Paul Dry Books. This book was released on 2017-12-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two-decades-long controversy over same-sex marriage in the United States was finally resolved on June 26, 2015, when the U.S. Supreme Court handed down its decision in Obergefell v. Hodges, which held that the Fourteenth Amendment’s Due Process and Equal Protection Clauses required states to allow same-sex couples to marry on the same terms as opposite-sex couples. Under our American system of government, divisive and often abiding disputes may be resolved either through legislation or judicial decisions. In Same-Sex Marriage and American Constitutionalism, Murray Dry explains why the process by which Americans arrive at these resolutions can be as important as the substance of the resolutions themselves. By taking up the question of same-sex marriage, Dry excavates the bases of why and how Americans decide as we do (and as we have done when major questions arose in the past; think: school integration, abortion, gun control, and campaign finance). As Professor Dry retraces the path that same-sex marriage took as it wended its way through the political (that is, the legislative) process and through the court system, he finds a vivid framework for the question, “Who should decide?” It’s a question often overlooked, but one that Dry believes should not be. He argues convincingly that it does matter whether the Supreme Court or the legislature makes the final decision—so that court-mandated law does not threaten democratic representative government, and so that legislation does not trample on fundamental constitutional rights.
Download or read book The Case for Same sex Marriage written by William N. Eskridge and published by . This book was released on 1996 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.
