This book investigates the concepts of equality and dignity under same-sex marriage jurisprudence. Having surveyed the multinational developments of same-sex marriage and arguments from proponents and opponents, the writer studies the two concepts with an aim to revealing their inadequacies as grounds for contentious rights claims such as same-sex marriage. To truly live up to the spirit of equality and equal dignity, the writer argues that the seemingly uncompromising disagreement over the issue requires people to explore common ground to make room for deliberation. It also requires the disagreeing parties to acknowledge that their disagreement is about the best interpretation of fundamental values that everyone shares, and not confrontation between conflicting worldviews neither of which is comprehensible to the other.
In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
"Tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate"--Dust jacket flap.
"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.
With precision and passion, David Blankenhorn offers a bold new argument in the debate over same-sex marriage: that it would essentially deny all children, not just the children of same-sex couples, their birthright to their own mother and father. If we change marriage, we change parenthood - for all families. Altering marriage to accommodate same-sex couples would mean weakening in culture and eliminating in law the idea that children need both their mother and their father. The Future of Marriage analyzes recent survey data from 35 countries, offering the first scientific evidence that support for marriage is weakest in those nations where support for gay marriage is strongest. Blankenhorn explains how same-sex marriage would transform our most pro-child social institution into a purely private relationship (''an expression of love'') between adults, defined by each couple as they wish. Changing marriage laws to include same-sex couples, he argues, would require us to ''deinstitutionalize'' marriage, ''amputating from the institution one after another of its core ideas, until the institution itself is like a room with all the furniture removed and everything stripped from the walls.'' For Blankenhorn, the main question concerning the future of marriage in the United States is not whether we will adopt gay marriage. The main question is whether the social institution of marriage will become stronger or weaker. If we wish to strengthen marriage on behalf of children, there is no shortage of ideas for doing so. What matters is whether we as a society regard this as a worthy and urgent goal.
Same-sex marriages are currently not permitted under Australian federal law. Although same-sex couples in a de facto relationship have had most of the legal rights of married couples since July 2009, there is however no national registered partnership or civil union scheme.
Through engaging storytelling and powerful photographs, Courting Equality takes readers through the volatile public debate following the legalization of same-sex marriage in Massachusetts-from the court cases to the protests and, finally, the weddings!
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.
Is there anything wrong with same-sex marriage or transgenderism? Who could possibly be hurt? Using sound reason and evidence―not religion―award-winning author Frank Turek shows that virtually everyone is hurt by same-sex marriage and transgenderism, even those who identify as LGBTQ. Turek provides concise answers to objections about equal rights, discrimination, being born a certain way, and the charge that people who disagree are homophobic or transphobic. He shows how the quest to obliterate all sexual distinctions is self-contradictory and how the march to transition children is producing horrific and irreversible consequences. Turek’s message is direct but respectful―correct, not politically correct. It is a message we must not ignore.