Marriage and Same-Sex Unions: A Debate

(Hardback)

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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 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 statessuch as Vermontlegally recognize same-sex unions, and the impact of international recognition of same-sex marriage rights.

Reviews

[t]he editors of Marriage and Same-Sex Unions: A Debate have laid the groundwork necessary to achieve their purpose of educating a broader audience on the intricacies of the controversy....[w]ritten and published before Lawrence v. Texas (2003), which sparked the call for a Federal Marriage Amendment that would limit marriage to heterosexual relationships. Given these recent developments and the profile that such an issue is likely to receive in our political science and constitutional law classes, understanding both sides of the gay marriage argument is ever more important. This book can provide the instructor with an understanding of the significant legal arguments on both sides of the gay marriage question.-The Law and Politics Book Review
Deploring big judicial steps that broaden protections and rights for diverse, even same-sex relationships, conservatives sharpen the contrasts between relationships and marriage. They hope that the Defense of Marriage Act (1996) and sundry state laws will slow (maybe reverse) current trends, but they see same-sex marriages on the horizon. Advocates of change, arguing equality and celebrating committed relationships, underscore the states' custom of acknowledging other states' marriages, even ones locally forbidden (for example, on age or consanguinity grounds). Do Canada, Belgium, Denmark, the Netherlands, and Vermont predict the future This debate wonderfully articulates what is at stake....Highly recommended. All levels and collections.-Choice
New and previously published writings on the question of whether to extend state recognition to same-sex unions.-The Chronicle of Higher Education
"the editors of Marriage and Same-Sex Unions: A Debate have laid the groundwork necessary to achieve their purpose of educating a broader audience on the intricacies of the controversy....written and published before Lawrence v. Texas (2003), which sparked the call for a Federal Marriage Amendment that would limit marriage to heterosexual relationships. Given these recent developments and the profile that such an issue is likely to receive in our political science and constitutional law classes, understanding both sides of the gay marriage argument is ever more important. This book can provide the instructor with an understanding of the significant legal arguments on both sides of the gay marriage question."-The Law and Politics Book Review
"[t]he editors of Marriage and Same-Sex Unions: A Debate have laid the groundwork necessary to achieve their purpose of educating a broader audience on the intricacies of the controversy....[w]ritten and published before Lawrence v. Texas (2003), which sparked the call for a Federal Marriage Amendment that would limit marriage to heterosexual relationships. Given these recent developments and the profile that such an issue is likely to receive in our political science and constitutional law classes, understanding both sides of the gay marriage argument is ever more important. This book can provide the instructor with an understanding of the significant legal arguments on both sides of the gay marriage question."-The Law and Politics Book Review
"New and previously published writings on the question of whether to extend state recognition to same-sex unions."-The Chronicle of Higher Education
"Deploring big judicial steps that broaden protections and rights for diverse, even same-sex relationships, conservatives sharpen the contrasts between relationships and marriage. They hope that the Defense of Marriage Act (1996) and sundry state laws will slow (maybe reverse) current trends, but they see same-sex marriages on the horizon. Advocates of change, arguing equality and celebrating committed relationships, underscore the states' custom of acknowledging other states' marriages, even ones locally forbidden (for example, on age or consanguinity grounds). Do Canada, Belgium, Denmark, the Netherlands, and Vermont predict the future This debate wonderfully articulates what is at stake....Highly recommended. All levels and collections."-Choice

Author Bio

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).