Legalizing Gay Marriage: Vermont And The National Debate (America In Transition)
From the Inside Flap "As the debate over gay marriage is reigniting the culture wars, understanding the interaction between the courts and the legislatures in Vermontthe first state to recognize gay civil unionsis more important than ever. Drawing on newspaper reports, letters to the editor, legislative hearings, and polls, Michael Mello offers a richly detailed account of the political response to the Vermont Supreme Court's gay marriage decision. In the process, he casts new light on...
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Every day seems to bring news of legal challenges to existing marriage laws and the constitutionality of any form of union for same-sex partners. In this timely and accessible book, Michael Mello argues that the public debates and political battles that have divided Vermont and Massachusetts will be repeated across the country as state after state confronts the issue of legalizing gay marriage. Michael Mello examines recent landmark decisions in state and federal high courts granting civil rights protections to homosexuals. In Vermont, the Supreme Court's recommendation that legislators recognize the "common humanity" that links all individuals irrespective of sexual identity and consider the question of same-sex marriage resulted in the first state legislation to establish civil union. In Massachusetts, the court's ruling that gay marriage is a right protected by the state constitution has plunged the legislature into a contentious debate about a constitutional amendment. In both states, as in California and New York, public discussion of equal civil protections for gays and lesbians soon become mired in contending views of morality, religion, social mores, and the sanctity of heterosexual marriage. Mello regards the widespread and virulent opposition to any form of same-sex unions as proof that in Vermont, as elsewhere, homosexuals are indeed a "despised minority" in need of the law's protection. Thus, civil union laws represent only a partial victory because they create a separate and inherently unequal category of relationships for gay people. Mello's analysis of the issues provides an invaluable guide to the battles being waged in state legislatures and by politicians at the national level. Library Journal In December 1999, the Vermont Supreme Court ruled that denying same-sex couples the rights and privileges of marriage was unconstitutional. The subsequent firestorm of homophobic protest constrained the state legislature to jettison same-sex marriage and instead craft a "separate but equal" alternative, the civil union. Mello (Vermont Law Sch.), a vocal advocate of same-sex marriage, witnessed the controversy, which he recounts here with the passion he has brought to his previous works on capital punishment (e.g., Deathwork). This is not a coolly detached account after the fact but an unabashedly biased narrative that skillfully navigates the swirling background of legal, historical, political, social, and ethical issues. While acknowledging the courage of the Vermont legislators in passing the civil unions bill in an election year and in the face of intense opposition, Mello argues that it creates a "separate and unequal" status inferior to marriage for gay and lesbian couples, a view with which recent court rulings in Massachusetts and three Canadian provinces concur. This timely and provocative work is a controversial but much-needed addition to both public and academic libraries.-Richard J. Violette, Special Libs. Cataloguing, Victoria, B.C. Copyright 2004 Reed Business Information.
1Vermont : a preview of America's war over same-sex civil marriage12The Baker decision ; a legitimate exercise in constitutional adjudication273Backlash against gays and lesbians : a despised minority in Vermont454Vermont's "third way" : enacting civil unions as an alternative to civil marriage745The choice : what's wrong with Vermont's civil marriage substitute1426Conclusion : three years after193AppVermont Supreme Court decision for Baker v. state197
\ Library JournalIn December 1999, the Vermont Supreme Court ruled that denying same-sex couples the rights and privileges of marriage was unconstitutional. The subsequent firestorm of homophobic protest constrained the state legislature to jettison same-sex marriage and instead craft a "separate but equal" alternative, the civil union. Mello (Vermont Law Sch.), a vocal advocate of same-sex marriage, witnessed the controversy, which he recounts here with the passion he has brought to his previous works on capital punishment (e.g., Deathwork). This is not a coolly detached account after the fact but an unabashedly biased narrative that skillfully navigates the swirling background of legal, historical, political, social, and ethical issues. While acknowledging the courage of the Vermont legislators in passing the civil unions bill in an election year and in the face of intense opposition, Mello argues that it creates a "separate and unequal" status inferior to marriage for gay and lesbian couples, a view with which recent court rulings in Massachusetts and three Canadian provinces concur. This timely and provocative work is a controversial but much-needed addition to both public and academic libraries.-Richard J. Violette, Special Libs. Cataloguing, Victoria, B.C. Copyright 2004 Reed Business Information.\ \
