Marriage and Same-Sex Unions: A Debate

by Wardle, Lynn D.

• ISBN13: 9780275976538
• ISBN10: 027597653X
• Edition: 1st
• Format: Hardcover
• Copyright: 2003-04-01
• Publisher: PRAEGER AGENCY ACCOUNT

Summary

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.

Author Biography

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

Preface	xi
Part I Marriage and Same-Sex Unions in Comparative, Historical, and Family Policy Perspectives	1	(94)
Chapter 1
All Together Now	3	(10)
Evan Wolfson
A Reality Waiting to Happen: A Response to Evan Wolfson	10	(3)
Maggie Gallagher
Normal Marriage: Two Views	13	(20)
Maggie Gallagher
Enough Marriage to Share: A Response to Maggie Gallagher	25	(8)
Evan Wolfson
Chapter 2
The State Interests in Recognizing Same-Sex Marriage	33	(14)
Mark Strasser
Reply to Professor Mark Strasser	43	(4)
John Witte, Jr.
The Tradition of Traditional Marriage	47	(18)
John Witte, Jr.
The Logical Case for Same-Sex Marriage: A Response to Professor John Witte, Jr.	60	(5)
Mark Strasser
Chapter 3
On Legal Recognition for Same-Sex Partners	65	(16)
Arthur S. Leonard
Reply to Arthur S. Leonard	78	(3)
Lynne Marie Kohm
Marriage by Design	81	(14)
Lynne Marie Kohm
Reply to ``Marriage by Design,''	91	(4)
Arthur S. Leonard
Part II Issues of Jurisprudence and Political Philosophy in the Debate on Marriage and Same-Sex Unions	95	(112)
Chapter 4
Homosexuality and the Conservative Mind	97	(22)
Stephen Macedo
Image, Analysis, and the Nature of Relationships	115	(4)
Lynn D. Wardle
Neutrality, Equality, and ``Same-Sex Marriage,''	119	(18)
Robert P. George
On Justice, Exclusion, and Equal Treatment: A Response to Professor Robert P. George	133	(4)
Mark Strasser
Chapter 5
Marriage, Same-Gender Relationships, and Human Needs and Capabilities	137	(15)
Carlos A. Ball
The Illusory Public Benefits of Same-Sex Encounters: A Response to Professor Carlos A. Ball	148	(4)
Teresa Stanton Collett
Should Marriage Be Privileged? The State's Interest in Childbearing Unions	152	(15)
Teresa Stanton Collett
One Last Hope: A Response to Professor Teresa Stanton Collett	162	(5)
Carlos A. Ball
Chapter 6
The Same-Sex-Marriage Debate and Three Conceptions of Equality	167	(23)
William N. Eskridge, Jr.
Beyond Equality	186	(4)
Lynn D. Wardle
Marriage, Relationships, Same-Sex Unions, and the Right of Intimate Association	190	(17)
Lynn D. Wardle
Terms of Endearment	203	(4)
William N. Eskridge, Jr.
Part III U.S. Constitutional Law Issues Concerning Same-Sex Marriage or Domestic Partnership	207	(74)
Chapter 7
Discrimination Against Gays Is Sex Discrimination	209	(18)
Andrew Koppelman
Reply to ``Discrimination Against Gays Is Sex Discrimination,''	221	(6)
Richard G. Wilkins
The Constitutionality of Legal Preferences for Heterosexual Marriage	227	(18)
Richard G. Wilkins
Reply to ``The Constitutionality of Legal Preferences for Heterosexual Marriage,''	241	(4)
Andrew Koppelman
Chapter 8
Civil Marriage and the First Amendment	245	(19)
David B. Cruz
Reflections on the Emperor's Clothes: A Response to Professor David B. Cruz's Theory on Marriage and the First Amendment	261	(3)
Richard F. Duncan
Hardwick's Landmark Status, Romer's Narrowness, and the Preservation of Marriage	264	(17)
Richard F. Duncan
Social and Judicial ``Just-So'' Stories	276	(5)
David B. Cruz
Part IV Issues of State Constitutional Law and International Law Concerning Marriage and Same-Sex Unions	281	(104)
Chapter 9
Vermont Civil Unions: A Success Story	283	(14)
Greg Johnson
Are Civil Unions Mandated by Constitutional Law? A Response to Greg Johnson	294	(3)
William C. Duncan
Imposing the Same-Sex-Marriage Template on State Constitutional Law: The Implications for Marriage, Constitutional Theory, and Democracy	297	(16)
William C. Duncan
Reply to William C. Duncan	309	(4)
Greg Johnson
Chapter 10
Applying the Usual Marriage-Validation Rule to Marriages of Same-Sex Couples	313	(18)
Barbara J. Cox
Reply to Professor Barbara J. Cox	327	(4)
Patrick J. Borchers
Interstate Recognition of Nontraditional Marriages	331	(18)
Patrick J. Borchers
Reply to Dean Patrick J. Borchers's Essay	343	(6)
Barbara J. Cox
Chapter 11
The Inexorable Momentum Toward National and International Recognition of Same-Sex Relationships: An International, Comparative, Historical, and Cross-Cultural Perspective	349	(18)
James D. Wilets
Reply to Professor James D. Wilets's Essay	361	(6)
Robert John Araujo
Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage	367	(18)
Robert John Araujo
Reply to Father Robert John Araujo's ``Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage,''	380	(5)
James D. Wilets
Index of Cases	385	(2)
Index	387	(6)
About the Editors and Contributors	393