Equality Practice: Civil Unions and the Future of Gay Rights

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Author: Jr.,W Eskridge

ISBN-10: 0415930731

ISBN-13: 9780415930734

Category: Civil unions -> United States

William Eskridge, a Yale law professor chronicles the Vermont law which legalised civil unions - distinct from marriage - for same sex couples.

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When Vermont legalized civil unions for same-sex couples in April 2000 -- a landmark for gay rights--activists across the political spectrum were outraged. Critics on the right claimed the law would undermine morality. Critics on the left objected that the new category of "civil unions," distinct from marriage, would consign same-sex couples to a "separate but equal" status that would ultimately prove unequal.Not so, argues America's leading scholar on gay rights and the law. In Equality Practice, Yale law professor William Eskridge shows why lesbians and gays should give up on marriage and fight the more realistic (and more constitutionally viable) battle for civil unions.When a country is divided by strongly held but opposing views, the best approach is incremental, Eskridge contends. Far from being a terrible compromise, the campaign for equality in practice rather than equality in principle will deliver what same-sex couples need: tax benefits, health insurance, property rights, and parental arrangements comparable to those of heterosexuals. This strategy, proven successful across Europe, acknowledges the uncomfortable fact that both tolerant and intolerant heterosexuals feel that marriage should be preserved for a man and a woman.A bold challenge to the don't-ask-don't-tell philosophy of the 1990s, Equality Practice charts a practical path toward real equality for same-sex couples today. Publishers Weekly While more gay couples are saying, "I do," federal and state governments are still resolutely saying, "You can't." This judicious and discerning analysis of the legal, social and ethical debate over same-sex marriage comes down squarely on the side of recognition of gay and lesbian relationships, but argues that the model of civil unions enacted by Vermont in 2000 (giving gay couples the legal rights of marriage without the name) is a more winnable fight. Eskridge, a professor of jurisprudence at Yale (and an openly gay man), carefully explicates Baehr v. Lewin (the Hawaiian case that nearly allowed same-sex marriage), the domestic partnership movement, same-sex marriage fights in other countries and the passing of the Defense of Marriage Act in Congress, which prohibits the federal government from acknowledging state-recognized gay marriage. Distinct from radicalism (forcing gay marriage through the law) or traditionalism (refusing to accept any change in established marriage), Eskridge argues for what he calls "equality practice," which "does not entail immediate equality," but is a "process by which gay people are working for their inclusion in state-recognized institutions of all sorts." Presenting and challenging a wide variety of views from right-wing ideologue Lynn Wardle to radical lesbian legal theorist Paula Ettelbrick, and relying on political and social theorists such as Michel Foucault and John Rawls, Eskridge opts for a middle road of slow progress to allow for mutual understanding. (Feb.) Forecast: This book is largely a refinement of the ideas found in Eskridge's 1996 The Case for Same-Sex Marriage. It lacks most of the conservative opinions that peppered that earlier book, but its moderate position is sure to annoy progressive gay activists and conservatives alike. The lucid but dense argumentation should restrict it to those actively hashing out the issues and to larger university collections. Copyright 2001 Cahners Business Information.

Prologue and AcknowledgmentsCh. 1Same-Sex Marriage and the Politics of Sexuality1Ch. 2The Vermont Civil Unions Law43Ch. 3Comparative Law Lessons for the Same-Sex Marriage Movement83Ch. 4Civil Unions and Liberal Jurisprudence: Equality Practice127Ch. 5Equality Practice and the Civic Republic159Ch. 6Equality Practice as a Postmodern Cultural Form197Epilogue: Equality Practice, the Evolution of Social Norms, and the Future of Gay Rights231Notes243Index269

\ Publishers Weekly - Publisher's Weekly\ While more gay couples are saying, "I do," federal and state governments are still resolutely saying, "You can't." This judicious and discerning analysis of the legal, social and ethical debate over same-sex marriage comes down squarely on the side of recognition of gay and lesbian relationships, but argues that the model of civil unions enacted by Vermont in 2000 (giving gay couples the legal rights of marriage without the name) is a more winnable fight. Eskridge, a professor of jurisprudence at Yale (and an openly gay man), carefully explicates Baehr v. Lewin (the Hawaiian case that nearly allowed same-sex marriage), the domestic partnership movement, same-sex marriage fights in other countries and the passing of the Defense of Marriage Act in Congress, which prohibits the federal government from acknowledging state-recognized gay marriage. Distinct from radicalism (forcing gay marriage through the law) or traditionalism (refusing to accept any change in established marriage), Eskridge argues for what he calls "equality practice," which "does not entail immediate equality," but is a "process by which gay people are working for their inclusion in state-recognized institutions of all sorts." Presenting and challenging a wide variety of views from right-wing ideologue Lynn Wardle to radical lesbian legal theorist Paula Ettelbrick, and relying on political and social theorists such as Michel Foucault and John Rawls, Eskridge opts for a middle road of slow progress to allow for mutual understanding. (Feb.) Forecast: This book is largely a refinement of the ideas found in Eskridge's 1996 The Case for Same-Sex Marriage. It lacks most of the conservative opinions that peppered that earlier book, but its moderate position is sure to annoy progressive gay activists and conservatives alike. The lucid but dense argumentation should restrict it to those actively hashing out the issues and to larger university collections. Copyright 2001 Cahners Business Information.\ \ \ \ \ Publishers WeeklyWhile more gay couples are saying, "I do," federal and state governments are still resolutely saying, "You can't." This judicious and discerning analysis of the legal, social and ethical debate over same-sex marriage comes down squarely on the side of recognition of gay and lesbian relationships, but argues that the model of civil unions enacted by Vermont in 2000 (giving gay couples the legal rights of marriage without the name) is a more winnable fight. Eskridge, a professor of jurisprudence at Yale (and an openly gay man), carefully explicates Baehr v. Lewin (the Hawaiian case that nearly allowed same-sex marriage), the domestic partnership movement, same-sex marriage fights in other countries and the passing of the Defense of Marriage Act in Congress, which prohibits the federal government from acknowledging state-recognized gay marriage. Distinct from radicalism (forcing gay marriage through the law) or traditionalism (refusing to accept any change in established marriage), Eskridge argues for what he calls "equality practice," which "does not entail immediate equality," but is a "process by which gay people are working for their inclusion in state-recognized institutions of all sorts." Presenting and challenging a wide variety of views from right-wing ideologue Lynn Wardle to radical lesbian legal theorist Paula Ettelbrick, and relying on political and social theorists such as Michel Foucault and John Rawls, Eskridge opts for a middle road of slow progress to allow for mutual understanding. (Feb.) Forecast: This book is largely a refinement of the ideas found in Eskridge's 1996 The Case for Same-Sex Marriage. It lacks most of the conservative opinions that peppered that earlier book, but its moderate position is sure to annoy progressive gay activists and conservatives alike. The lucid but dense argumentation should restrict it to those actively hashing out the issues and to larger university collections. Copyright 2001 Cahners Business Information.\ \