Same-Sex Marriage: The Moral and Legal Debate

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Author: Robert M. Baird

ISBN-10: 1591022746

ISBN-13: 9781591022749

Category: Same - sex marriage

On May 17, 2004, Massachusetts began performing marriages of same-sex couples. That state's Supreme Judicial Court had ruled in Goodridge v. Massachusetts Department of Public Health that "barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution." Fearing that courts in other states would follow suit, President George W. Bush called for a federal...

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The editors (both: philosophy, Baylor U.) ask why homosexuals, perhaps one of the most "counterculture" of groups in the US, would want to marry. The contributors of the 37 articles in this collection answer in a variety of ways, reacting to the Goodridge v. Massachusetts Department of Public Health controversy, the emotional dimensions of the debate, and its philosophical arguments. Topics and contributors range from a call for a constitutional amendment on marriage from George W. Bush, an analysis of the road to gay marriage from the editorial staff of the New York Times, personal declarations, case studies and position papers from all sides. The editors include texts of some of the documents that started the debate. Annotation ©2004 Book News, Inc., Portland, OR Publishers Weekly Although it is clear from his introduction that Sullivan (Virtually Normal: An Argument About Homosexuality), a senior editor at the New Republic, is in favor of same-sex marriage, he presents here an astonishing variety of readingsfrom the Bible and legal decisions to Hannah Arendt, James Q. Wilson, Katha Pollitt, William Safire, Montaigne and Platothat offer points of view on both sides of the argument. Of particular interest is the chapter on same-sex marriage throughout history, which makes it apparent that bonds between homosexuals that were similar to marriage were accepted in many cultures: unions between women and unions between men existed in traditional Chinese society; upper-class women could take girls as wives in parts of Africa; and marriage, or "making of a brother," ceremonies occurred between men in medieval Europe. The author believes that homosexual marriage can be discussed on many levels, and thus he includes statements from religious and political figures, conservatives, liberals, legal scholars and, of course, gay men and lesbians. Sullivan argues that societal acceptance of same-sex marriage would mean complete equality for homosexuals. This impartial anthology will encourage debate on all aspects of the topic. Author tour. (Apr.) FYI: Some of these writers (Sullivan, Safire, Richard Posner) appear in a more academic collection, Same-Sex Marriage: The Moral and Legal Debate, edited by Robert M. Baird and Stuart E. Rosenbaum (Prometheus, $16.95 paper, 242p ISBN 1-57392-129-7, Apr.)

Introduction9Pt. 1The Defense of Marriage Act1The Text172The Hon. Henry A. Waxman: In Opposition193The Hon. Jesse Helms: In Support21Pt. 2The Emotional Dimensions of the Debate4A (Personal) Essay on Same-Sex Marriage275Adam and Eve, Not Adam and Henry306A Lesbian Family327I Left My Husband for the Woman I Love378Marriage from God, Not Courts429Counseling Same-Sex Couples44Pt. 3The Philosophical Arguments10The Morality of Homosexual Marriage5711Is It Wrong to Discriminate on the Basis of Homosexuality?7212The Case for Gay Marriage8413The Stakes in the Gay-Marriage Wars10514How Domestic Partnerships and "Gay Marriage" Threaten the Family10815Marriage's True Ends12216Virtually Normal12617The Marrying Kind13218Against Homosexual Marriage13719Bless the Tie That Binds: A Puritan-Covenant Case for Same-Sex Marriage14620Since When Is Marriage a Path to Liberation?16421Gay Marriage16922Time Has Come to Make a Case for Polyandry18023I Have Anguished18224Relations between Consenting Adults: Sodomy Laws and Homosexual Marriage18625Making the Family Functional: The Case for Same-Sex Marriage192Pt. 4The Hawaii Case26Baehr v. Lewin: An Edited Version of the 1993 Hawaii Supreme Court Decision20527Report of the Hawaii Commission on Sexual Orientation and the Law, Including the Minority Report and the Majority Response21128Baehr v. Lewin: A Step in the Right Direction for Gay Rights22729Hawaiian Aye: Nearing the Altar on Gay Marriage236List of Contributors241

\ Publishers Weekly - Publisher's Weekly\ Although it is clear from his introduction that Sullivan (Virtually Normal: An Argument About Homosexuality), a senior editor at the New Republic, is in favor of same-sex marriage, he presents here an astonishing variety of readingsfrom the Bible and legal decisions to Hannah Arendt, James Q. Wilson, Katha Pollitt, William Safire, Montaigne and Platothat offer points of view on both sides of the argument. Of particular interest is the chapter on same-sex marriage throughout history, which makes it apparent that bonds between homosexuals that were similar to marriage were accepted in many cultures: unions between women and unions between men existed in traditional Chinese society; upper-class women could take girls as wives in parts of Africa; and marriage, or "making of a brother," ceremonies occurred between men in medieval Europe. The author believes that homosexual marriage can be discussed on many levels, and thus he includes statements from religious and political figures, conservatives, liberals, legal scholars and, of course, gay men and lesbians. Sullivan argues that societal acceptance of same-sex marriage would mean complete equality for homosexuals. This impartial anthology will encourage debate on all aspects of the topic. Author tour. (Apr.) FYI: Some of these writers (Sullivan, Safire, Richard Posner) appear in a more academic collection, Same-Sex Marriage: The Moral and Legal Debate, edited by Robert M. Baird and Stuart E. Rosenbaum (Prometheus, $16.95 paper, 242p ISBN 1-57392-129-7, Apr.)\ \ \ \ \ Library JournalLate last year, the Hawaiian circuit court ruled that the state had no compelling justification for denying gay and lesbian couples the right to wed. The decision opened up what may be the social debate of the decade, and these two titles help to bring the arguments into sharper focus. Same-Sex Marriage, Pro and Con begins with an historically enlightening essay by Sullivan, fomer New Republic editor, whose book on gays and the gay rights movement (Virtually Normal, LJ 9/15/95) shot one of the first broadsides about the same-sex marriage issue. Sullivan explains how this latest "assault" on family values is simply the latest in an ongoing evolution of the marriage institution, from ancient real estate deals to the present-day spiritual bonding of intimates. Other essayists discuss the various arguments from historic, religious, legal, and public-policy points of view. From Plato to Ann Landers, society's experts and pundits, academics and politicians present their views. By contrast, Same-Sex Marriage: The Moral and Legal Debate is authored mainly by professors and journalists, giving this title a drier, more academic tone. Oddly, the book also exhibits more polar oppositions and extremist views on the subject. The focus strays somewhat from the marriage theme and includes articles on counseling same-sex couples and even making the case for discrimination based on sexual orientation itself. For smaller collections that may need only one title on the subject, Sullivan's work is by far the better choice, given the depth and breadth of its coverage. Academic and larger libraries will probably want both titles.Jeffery Ingram, Newport P.L., Ore.\ \ \ Charles Yarborough[A] fascinating new book. Same Sex Marriage provides a generous selection of impassioned, philosophical and technical essays, and does so with great evenhandedness...This is one book you won't want to pass by. After all, as contributor Ed Fallon writes, same-sex marriage is "the defining civil rights issue of the decade."\ —Alternative Family\ \