Equality for Same-Sex Couples


Book Description

During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.




After Marriage Equality


Book Description

In persuading the Supreme Court that same-sex couples have a constitutional right to marry, the LGBT rights movement has achieved its most important objective of the last few decades. Throughout its history, the marriage equality movement has been criticized by those who believe marriage rights were a conservative cause overshadowing a host of more important issues. Now that nationwide marriage equality is a reality, everyone who cares about LGBT rights must grapple with how best to promote the interests of sexual and gender identity minorities in a society that permits same-sex couples to marry. This book brings together 12 original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights? After Marriage Equality explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, antidiscrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences. The book also looks at how LGBT movements in other nations have responded to the recognition of same-sex marriages, and what we might emulate or adjust in our own advocacy. Aiming to spark discussion and further debate regarding the challenges and possibilities of the LGBT movement’s future, After Marriage Equality will be of interest to anyone who cares about the future of sexual equality.




Marriage Equality


Book Description

The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.




Wedlocked


Book Description

Compares today’s same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize. Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves’ involvements with marriage and draws lessons that serve as cautionary tales for today’s marriage rights movements. While “be careful what you wish for” is a prominent theme, they also teach us how the rights-bearing subject is inevitably shaped by the very rights they bear, often in ways that reinforce racialized gender norms and stereotypes. Franke further illuminates how the racialization of same-sex marriage has redounded to the benefit of the gay rights movement while contributing to the ongoing subordination of people of color and the diminishing reproductive rights of women. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free.




The Long Arc of Justice


Book Description

Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.




Why Marriage Matters


Book Description

"At its core, the freedom-to-marry movement is about the same thing every civil rights struggle has been about: taking seriously our country's promise to be a nation its citizens can make better, its promise to be a place where people don't have to give up their differences or hide them in order to be treated equally." Why Marriage Matters offers a compelling, intelligently reasoned discussion of a question that still remains in the national consciousness. It is the work of one of the most influential attorneys in America, who has dedicated his life to the protection of individuals' rights and our Constitution's commitment to equal justice under the law. Above all, it is a clear, straightforward book that brings into sharp focus the very human significance of the right to marry in America—not just for some couples, but for all. Why is the word marriage so important? Will marriage for same-sex couples hurt the "sanctity" of the institution? How can people of different faiths reconcile their beliefs with the idea of marriage for same-sex couples? How will allowing gay couples to marry affect children? In this quietly powerful volume, the most authoritative and fairly articulated book on the subject, Wolfson demonstrates why the right to marry is important—indeed necessary—for all couples and for America's promise of equality.




Beyond (Straight and Gay) Marriage


Book Description

The debate over marriage equality for same-sex couples rages across the country. Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing. Polikoff reframes the debate by arguing that all family relationships and households need the economic stability and emotional peace of mind that now extend only to married couples. Unmarried couples of any sexual orientation, single-parent households, extended family units, and myriad other familial configurations need recognition and protection to meet the concerns they all share: building and sustaining economic and emotional interdependence, and nurturing the next generation. Couples should have the choice to marry based on the spiritual, cultural, or religious meaning of marriage in their lives, asserts Polikoff. While marriage equality for same-sex couples is a civil rights victory, she contends that no one should have to marry in order to reap specific and unique legal results. A persuasive argument that married couples should not receive special rights denied to other families, Polikoff shows how the law can value all families, and why it must.




Winning Marriage


Book Description

In this updated, paperback edition of Winning Marriage, Marc Solomon, a veteran leader in the movement for marriage equality, gives the reader a seat at the strategy-setting and decision-making table in the campaign to win and protect the freedom to marry. With depth and grace he reveals the inner workings of the advocacy movement that has championed and protected advances won in legislative, court, and electoral battles over the years since the landmark Massachusetts ruling guaranteeing marriage for same-sex couples for the first time. The paperback edition includes a new afterword on the historic 2015 Supreme Court ruling on marriage that includes practical lessons from the marriage campaign that are applicable to other social movements. From the gritty clashes in the state legislatures of Massachusetts and New York to the devastating loss at the ballot box in California in 2008 and subsequent ballot wins in 2012 to the joys of securing President Obama's support and achieving ultimate victory in the Supreme Court, Marc Solomon has been at the center of one of the great civil and human rights movements of our time. Winning Marriage recounts the struggle with some of the world's most powerful forces-the Catholic hierarchy, the religious right, and cynical ultraconservative political operatives-and the movement's eventual triumph.




The Social Science of Same-Sex Marriage


Book Description

Showcasing research from across the social sciences, this edited volume seeks to provide readers with an empirically grounded sense of how many lesbian, gay, bisexual, and transgender (LGBT) people marry in the US and Canada, what their marriages look like, and how LGBT people themselves are impacted by marriage and marriage equality. Prior to marriage equality, lawmakers and activists across the political spectrum debated whether same-sex couples should have the legal right to marry, and likewise, academic research to date has focused mostly on the politics of same-sex marriage. However, this edited volume focuses on LGBT people themselves and their intimate relationships in the era of marriage equality. Including both quantitative and qualitative social science research, it features 14 primary chapters that examine a diverse set of topics, including demographic patterns in same-sex marriage and cohabitation, marital aspirations and motivations among LGBT people, arrangements and dynamics within same-sex relationships, and the legal benefits and informal privileges associated with marriage. The edited volume will be of interest to scholars across a wide range of disciplines, including sociology, psychology, child and family studies, communications, social work, and economics, while also offering valuable information for laypeople generally interested in families and/or LGBT studies.




The Road to Marriage Equality


Book Description

In Obergefell v. Hodges (2015), the Supreme Court of the United States held that same-sex couples throughout the country had the right to marry. The ruling was the culmination of a decades-long struggle to gain the legal right for gay and lesbian couples to wed. This compelling book takes the reader through the ups and downs of the marriage equality movement, from the 1990s to the current era, from the first same-sex couples to have their marriage license applications rejected to the changing attitudes that led to every individual having the right that was once reserved only for some.