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- When Equality Is not Equity:Homosexual Inclusion in Undue Influence Law
- GAY MARRIAGEbest first books
Red comments are the opinions of this reviewer. S77 An examination of all the legal and constitutional implications of attempting to prevent same-sex couples from having legally-recognized marriages. There is no compelling state interest in prohibiting same-sex marriages. Contrary to the claims of opponents, same-race marriages were not sullied when people of different races were permitted to marry each other. The state need not have the same rules about marriage as any given church or religious tradition.
Some very liberal religious bodies now celebrate same-sex unions.
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And some religions endorse polygamy. If same-sex marriages were made legal by any government, no religious organization would be compelled to solemnize or recognize such unions.
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Denying same-sex couples the right to marry is denying them the "equal protection of the laws". The "Defense of Marriage Act" is unconstitutional because it could only have arisen from animosity toward a certain class of people. The only people affected are homosexuals. Usually the federal government has allowed states to make their own domestic relations laws.
Now the "Defense of Marriage Act" has announced in advance that only marriages between partners of different sexes will be recognized by the federal government —no matter what the states might do in the future. Congress did not consider a number of unintended consequences of the "Defense of Marriage Act".
When Equality Is not Equity:Homosexual Inclusion in Undue Influence Law
Could couples of the same sex married in one state declare themselves unmarried by moving to a non-recognition state? Would child-support for a same-sex couple now divorced be uncollectible in a non-recognition state? The "Defense of Marriage Act" supports bigotry. It tells young and old alike that the federal government discriminates against same-sex couples. What are people to think when they hear of such a law? Some will think they are justified in their own discriminatory behavior against the disfavored group. This book is rather technical in some places, but it is a very important book.
Its arguments should have been considered by the Congress and the President before passing and signing the "Defense of Marriage Act" in And now it should be read by all judges called upon to rule on the constitutionally of that Act. Eventually, when same-sex marriages are recognized in some form —such as state laws permitting people to register as domestic partners— this book will be seen as one that forged the way forward for legal reform. It presents only the legal arguments favoring same-sex marriage —as any good lawyer would do. Contrary views are only presented to be demolished. It would be interesting to read another book by an equally intelligent and knowledgeable person defending such discrimination against same-sex couples.
G This book is a careful study and critique of the roots and branches of the institution of marriage as known in the Western world. When we review the early patterns of traditional marriage, we see how far we have already come.
GAY MARRIAGEbest first books
Marriage has changed and it will continue to change. The author is a lesbian in a long-term committed relationship, which could be a marriage if same-sex partners were permitted to marry. A computer search discloses that there are over 1, references to marriage spouse, husband, wife, marriage, etc. Many Scandinavian countries have already granted the right to marry to same-sex couples, sometimes with a few exceptions such as the right to be married in the state church, the right to adopt children, or to get tax-supported fertility services.
But even such exceptions are likely to be abolished. The United States has not adopted same-sex unions as readily as other advanced countries, but even we are seeing the beginning of such rights in some states.
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Wherever same-sex marriage has been allowed, no noticeable or measurable effects have been observed on heterosexual marriages. Thus the federal "Defense of Marriage" Act is a complete misnomer. It does not protect marriage in any sense. It merely says that same-sex couples may not have their legal marriages recognized by all states if some states decide to grant such rights and responsibilities without regard to the sexes of the partners. Marriage was originally created as a cultural institution because of the belief that sex ought to be registered and regulated — in large part to protect the rights of children who often resulted from sexual intercourse.
But now even the most conservative religious groups recognize that sex and marriage can be for non-procreative purposes. If marriages can legitimately be directed toward sexual fulfillment, then lesbians and gays also qualify. Every society ought to have laws protecting children.
But heterosexual marriage as the only context for raising children has now largely become a pattern of the past. Less than half of American children live with both of their biological parents.
Adoption is permitted by single people and increasingly by same-sex couples. Need to activate? Institutional Access does not have access to this content. Open Athens. Purchase Content 24 hours online access to download content. Subscribe to this journal. Recommend to your library.
Calhoun, C. Carter, H.
Or Does It? The decision opened up what may be the social Andrew Sullivan was born in southern England on August 10, He attended Magdalen College, Oxford, where he took a first in modern history and modern languages. Kennedy School of Government. He interned at the Centre for Policy Studies, where he wrote a policy paper on the environment entitled Greening the Tories. He received a master's degree in public administration and a Ph.