Marriage and Same-Sex Unions: A Debate
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...
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This in-depth introduction to the pivotal arguments for and against legalizing same-sex marriage attempts to exemplify the high quality of thoughtful discussion that is possible.
PrefacePt. IMarriage and Same-Sex Unions in Comparative, Historical, and Family Policy Perspectives1All Together Now3A Reality Waiting to Happen: A Response to Evan Wolfson10Normal Marriage: Two Views13Enough Marriage to Share: A Response to Maggie Gallagher25The State Interests in Recognizing Same-Sex Marriage33Reply to Professor Mark Strasser43The Tradition of Traditional Marriage47The Logical Case for Same-Sex Marriage: A Response to Professor John Witte, Jr.60On Legal Recognition for Same-Sex Partners65Reply to Arthur S. Leonard78Marriage by Design81Reply to "Marriage by Design"91Pt. IIIssues of Jurisprudence and Political Philosophy in the Debate on Marriage and Same-Sex Unions95Homosexuality and the Conservative Mind97Image, Analysis, and the Nature of Relationships115Neutrality, Equality, and "Same-Sex Marriage"119On Justice, Exclusion, and Equal Treatment: A Response to Professor Robert P. George133Marriage, Same-Gender Relationships, and Human Needs and Capabilities137The Illusory Public Benefits of Same-Sex Encounters: A Response to Professor Carlos A. Ball148Should Marriage Be Privileged? The State's Interest in Childbearing Unions152One Last Hope: A Response to Professor Teresa Stanton Collett162The Same-Sex-Marriage Debate and Three Conceptions of Equality167Beyond Equality186Marriage, Relationships, Same-Sex Unions, and the Right of Intimate Association190Terms of Endearment203Pt. IIIU. S. Constitutional Law Issues Concerning Same-Sex Marriage or Domestic Partnership207Discrimination Against Gays Is Sex Discrimination209Reply to "Discrimination Against Gays Is Sex Discrimination"221The Constitutionality of Legal Preferences for Heterosexual Marriage227Reply to "The Constitutionality of Legal Preferences for Heterosexual Marriage"241Civil Marriage and the First Amendment245Reflections on the Emperor's Clothes: A Response to Professor David B. Cruz's Theory on Marriage and the First Amendment261Hardwick's Landmark Status, Romer's Narrowness, and the Preservation of Marriage264Social and Judicial "Just-So" Stories276Pt. IVIssues of State Constitutional Law and International Law Concerning Marriage and Same-Sex Unions281Vermont Civil Unions: A Success Story283Are Civil Unions Mandated by Constitutional Law? A Response to Greg Johnson294Imposing the Same-Sex-Marriage Template on State Constitutional Law: The Implications for Marriage, Constitutional Theory, and Democracy297Reply to William C. Duncan309Applying the Usual Marriage-Validation Rule to Marriages of Same-Sex Couples313Reply to Professor Barbara J. Cox327Interstate Recognition of Nontraditional Marriages331Reply to Dean Patrick J. Borcher's Essay343The Inexorable Momentum Toward National and International Recognition of Same-Sex Relationships: An International, Comparative, Historical, and Cross-Cultural Perspective349Reply to Professor James D. Wilets's Essay361Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage367Reply to Father Robert John Araujo's "Marriage, Relationship, and International Law: The Incoherence of the Argument for Same-Sex Marriage"380Index of Cases385Index387About the Editors and Contributors393
