Marriage and Same-Sex Unions: A Debate

By Lynn D. Wardle

Book Overview

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 states--such as Vermont--legally recognize same-sex unions, and the impact of international recognition of same-sex marriage rights.

• Format: Hardcover
• Language: English
• ISBN: 027597653X
• ISBN13: 9780275976538
• Release Date: April 2003
• Publisher: Praeger
• Length: 408 Pages
• Weight: 1.85 lbs.
• Dimensions: 1.2" x 6.6" x 9.4"

Customer Reviews

Best overview of the debate available

This is the single best book I've read on the subject to date. Each chapter consists of two essays (one in favor of same-sex marriage and one against). Each essay is followed by a brief rebuttal (usually by the author of the opposing essay). The book is divided into three parts. The first part is Comparative Historical and Family Policy Perspectives and has essays by Evan Woflsen, Maggie Gallagher, Mark Strasser and other well-known advocates on both sides of the issue. Part II is Issues of Jurisprudence and Political Philosophy and has essays by legal scholars on the legal theories behind enabling or prohibiting same-sex marriages. The third and final part is on Constitutional Law and has arguments by some of the leading constitutional scholars on this issue. The book manages to be approachable by the lay reader, but is a serious work and takes a bit of concentrated effort to work through all the arguments. It is a terrific attempt at making the case on all the various sides and aspects of the issue. Well worth the time.

Same-sex marriage: the issues debated

This is the book to get you up to speed on all the arguments concerning same-sex marriage, particularly if you are flummoxed by the `rights' argument. It is a series of 11 chapters of paired commentaries [pro- and con- same-sex marriage]. Maggie Gallagher opens her chapter and the book with the question, 'what is marriage for?'. Teresa Stanton Collett contributes a well-organized chapter explaining the state's interest in recognizing marriage. Both see marriage as an institution uniquely well suited to the task of producing and raising children. The final 5 chapters are devoted to legal issues. My favorite is William C. Duncan's account of the astonishing reasoning of the Vermont and some other state courts to arrive at the conclusion that mandates the equivalent of same-sex marriage. Read how a "Common Benefits" clause in Vermont's constitution leads to judicial lawmaking, and how an explicit "Separation of Powers" clause is ignored. Well-known same-sex marriage proponents Mark Strasser, William Eskridge, Jr., Carlos Ball, and Andrew Koppelman are also represented. Some readers may find their arguments inspiring. What's missing is a fully developed evolutionary biology argument for the superiority of child raising by natural parents, along the lines sketched out by Michael E. Levin in `Sexual Orientation and Human Rights'. Otherwise these articulate authors give the reader a good feel for all the issues involved in the same-sex marriage debate.