Equal Access And The Right To Marry
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Equal Access And The Right To Marry
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Author : Nelson Tebbe
language : en
Publisher:
Release Date : 2013
Equal Access And The Right To Marry written by Nelson Tebbe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We contend that courts and commentators have largely overlooked the strongest argument in support of a constitutional right to marry. In our view, the right to marry is best conceptualized as a matter of equal access to government support and recognition and the doctrinal vehicle that most closely matches the structure of the right can be found in the fundamental interest branch of equal protection law. Two other arguments have dominated litigation and adjudication so far, but both of them suffer from weaknesses. First, a liberty theory grounded in due process argues that everyone has a fundamental right to civil marriage. But civil marriage is a government program that states likely could abolish without constitutional difficulty. In that way, it differs from other family-related liberties such as the ability to procreate or engage in sexual intimacy. Second, an equality theory suggests that classifications on the basis of sexual orientation are constitutionally suspect. But that approach is unlikely to succeed in the Supreme Court or many state tribunals. Equal access, in contrast, requires states to justify laws that selectively interfere with civil marriage, regardless of any independent due process or classification-based equal protection violations. We show how this approach is grounded in precedent regarding intimate relationships, as well as in analogous law concerning voting and court access. Our proposal offers courts a workable way to evaluate the constitutionality of different-sex marriage requirements and a more satisfying conceptual basis for the right to marry generally. It also suggests a useful framework for thinking about recognition of other nontraditional family structures.
Why Marriage Matters
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Author : Evan Wolfson
language : en
Publisher:
Release Date : 2004
Why Marriage Matters written by Evan Wolfson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
Wolfson aims to reach and engage non-gay Americans in a discussion about civil marriage equality, addressing their concerns and arming them with answers. By tackling this misunderstood issue, this will also become a touchstone for gay Americans.
Why You Should Give A Damn About Gay Marriage
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Author : Davina Kotulski
language : en
Publisher: Alyson Publications
Release Date : 2004
Why You Should Give A Damn About Gay Marriage written by Davina Kotulski and has been published by Alyson Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Social Science categories.
A provocative study of the controversial issue of gay marriage outlines the rights, benefits, and protections that are not available to gays and lesbians as long as they do not have the right to marry and argues that an organized activist movement is essential to bring about change in the United States. Original.
Marriage Equality
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Author : William N. Eskridge, Jr.
language : en
Publisher: Yale University Press
Release Date : 2020-08-18
Marriage Equality written by William N. Eskridge, Jr. and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-18 with Social Science categories.
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.
The Case For Same Sex Marriage
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Author : William N. Eskridge
language : en
Publisher:
Release Date : 1996
The Case For Same Sex Marriage written by William N. Eskridge and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Current Events categories.
Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.
Policy Issues Affecting Lesbian Gay Bisexual And Transgender Families
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Author : Sean Cahill
language : en
Publisher: University of Michigan Press
Release Date : 2007
Policy Issues Affecting Lesbian Gay Bisexual And Transgender Families written by Sean Cahill and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Social Science categories.
A comprehensive account of the discrimination that lesbian, gay, bisexual, and transgender families confront and a look at how policy changes could make them more secure
Wedlocked
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Author : Katherine Franke
language : en
Publisher: NYU Press
Release Date : 2015-11-06
Wedlocked written by Katherine Franke and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-06 with Law categories.
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 Mating Game
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Author : Ellen Lamont
language : en
Publisher: University of California Press
Release Date : 2020-02-18
The Mating Game written by Ellen Lamont and has been published by University of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-18 with Social Science categories.
Despite enormous changes in patterns of dating and courtship in twenty-first-century America, contemporary understandings of romance and intimacy remain firmly rooted in age-old assumptions of gender difference. These tenacious beliefs now vie with cultural messages of gender equality that stress independence, self-development, and egalitarian practices in public and private life. Through interviews with heterosexual and LGBTQ individuals, Ellen Lamont’s The Mating Game explores how people with diverse sexualities and gender identities date, form romantic relationships, and make decisions about future commitments as they negotiate uncertain terrain fraught with competing messages about gender, sexuality, and intimacy.
Religious Freedom In An Egalitarian Age
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Author : Nelson Tebbe
language : en
Publisher: Harvard University Press
Release Date : 2017-01-01
Religious Freedom In An Egalitarian Age written by Nelson Tebbe and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-01 with Law categories.
Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.
Capitalisms And Gay Identities
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Author : Stephen Valocchi
language : en
Publisher: Routledge
Release Date : 2019-09-04
Capitalisms And Gay Identities written by Stephen Valocchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-04 with Social Science categories.
In this important text, Stephen Valocchi brings capitalism back into the study of the gay and lesbian movement. He argues that to understand the collective identity, structure, strategies and goals of the movement, we need to understand the role that capitalism and the state have played. While capitalism and the state have figured centrally in earlier analyses of social movements, these important institutions and their social processes are no longer central concerns of the theory and research of social movements in the United States. Capitalisms and Gay Identities examines how the class-based inequalities and changing class structures of capitalism interact with and indeed help shape the dynamics of other types of inequalities, such as gender, sexuality, race and ethnicity. These inequalities and structures, in turn, shape the specific grievances of, and affect the nature of, stigma levied against individuals with sexual and gender nonconformity. Valocchi shows that capitalism is a dynamic system, and as it changes, the nature of the movement and the collective identity created by the movement also changes. A vital text for undergraduate and postgraduate students of sociology, social movements, LGBTQ politics and American studies, Capitalisms and Gay Identities challenges our understanding of many aspects of the gay and lesbian movement when viewed through the lens of capitalism, particularly its ability to advance the cause of sexual freedom and gender justice.