Originalism and Same-Sex Marriage
In: University of Pennsylvania Journal of Law and Social Change, Volume 17.1
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In: University of Pennsylvania Journal of Law and Social Change, Volume 17.1
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In this Essay, I demonstrate that, with the extension of the right to marry to same-sex couples in Iowa, the District of Columbia, and New Hampshire (all states that recognize common law marriage), there now exists the possibility that—for the first time in the United States—a same-sex couple may enter into a legally recognized common law marriage. In the Essay, I first show, as a doctrinal matter, that same-sex couples have the right to enter into common law marriages in these three jurisdictions, and I explain and compare the criteria for entering into common law marriages in each of them. I then address the question whether it makes sense—as a policy matter—to expand the concept of common law marriage to include same-sex couples, including an analysis of whether being a closeted same-sex couple is consistent with being in a common law marriage. I conclude that the lack of consistent access to religious and public officials willing to perform same-sex marriages coupled with the libertarian spirit underlying both same-sex marriage and common law marriage militate in favor of recognizing common law same-sex marriages. I also demonstrate the advantages that common law marriage—with its lack of a paper trail—provides to same-sex couples who need to keep their relationships closeted, such as those in the military or foreign nationals with temporary visas. Finally, on the assumption that the U.S. Supreme Court may eventually hold that same-sex couples have a constitutional right to marry, I examine the criteria for entering into common law marriages in the remaining nine states that recognize common law marriage. With respect to these remaining states—nearly all of which have bans on same-sex marriage enshrined into their state constitutions and that thus will allow same-sex marriage only if ordered to do so by a federal court—I conclude that the policy arguments in favor of recognizing same-sex common law marriage are even more compelling than they are in jurisdictions that currently recognize same-sex common law ...
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In: Stanovništvo: Population = Naselenie, Volume 47, Issue 1, p. 23-47
ISSN: 2217-3986
Introduction comprises the information on two main forms of same sex families, civic partnership (same sex partnership) and same sex marriage. Countries and various status modalities of legal regulations are mentioned. The main part of the text is dedicated to presentation of the findings of the most recent research on various aspects regarding children of same sex partnerships. It comprises presentations grouped in four main chapters: acceptance of same sex partnerships, acceptance of legal recognition of the same sex partnerships, family plans of homosexual teenagers, and raising children within and by the same sex partners. Also the real life cases mirroring legal changes through their life destinies are presented, such is e.g. the Irish way to legalization of the same sex partnerships. In addition, a love story of two women crowned by giving birth of their four children is mentioned. Reasons against and negative reactions the author puts under the title Homophobia. In the Concluding remarks, the author presents the most recent examples of legal changes happened in Norway, Ecuador, and in the American states of California and Connecticut. It was also stated that in European countries of low birth rate, the same sex families are inevitably identified as one of demographically valuable source of creating and raising children, which is worthy to be supported, rather than being hindered without reason and discriminated. Although different than a model of heterosexual family, same sex partnerships neither are harrowing to traditional family values, nor reflex of any kind of promiscuous, antisocial behavior, avoidance of parenthood, and negation of family. Quite opposite, these families are an outcome of endeavors of homosexuals not to be deprived of family, parenthood and all of other values of stabile, monogamous, emotional/sexual socially accepted and legally recognized and regulated conventional family. .
In: Politics and religion: official journal of the APSA Organized Section on Religion and Politics, Volume 14, Issue 1, p. 132-158
ISSN: 1755-0491
AbstractIn the majority opinion by the U.S. Supreme Court over same-sex marriage, a claim by Confucius was quoted, which led to an uproar among Confucian scholars in mainland China. In this article, I will first explain the background of the debate over same-sex marriage in the United States, and why Confucius's claim was quoted. I will then show how a contemporary Confucian philosopher Zhang Xianglong addressed the issue of same-sex marriage from a Confucian perspective. In my view, compared with other mainland Confucians' responses, Zhang's are one of the most scholarly and moderate responses that nevertheless follow Confucian values. But he eventually rejected same-sex marriage on the Confucian ground. I will argue that, based on some Confucian values and principles which are shared by Zhang, we can answer Zhang's concerns with same-sex marriage, thus offering an even more moderate Confucian stance that accepts same-sex marriage. But this stance is still different from the typical liberal one. We will also see that, in order to accept same-sex marriage, it is the liberals, not the Confucians, who will have to deal with an issue—the acceptance of polygamy—that poses a serious challenge to the principle of equality, which is fundamental to some liberals.
In: In the News Ser
Cover -- Title -- Copyright -- contents -- 1 Same-Sex Marriage in the News -- Where the Situation Stands -- Why Same-Sex Marriage Gets News Coverage -- Areas of Controversy -- A Timely and Timeless Issue -- What's at Stake -- 2 The Evolution of Marriage -- The Law of the Land -- The Business End of Marriage -- Enter the Church -- Past and Present Challenges to Traditional Marriage -- 3 Types of Unions and Their Benefits -- Definitions and Current Status of Same-Sex Unions -- How Civil Unions and Domestic Partnerships Work -- Benefits -- Not Quite Marriage Material -- 4 Arguments for and Against Same-Sex Marriage -- Discrimination and Equality -- Opposition on Religious Grounds -- Preserving the Institution of Marriage -- Constitutional Interpretations -- 5 Legal Battles -- Defense of Marriage Act -- States' Rights -- State Propositions and Amendments -- Having Their Day in Court -- 6 What the Future May Hold -- Expect More Legal Challenges -- Increased Activism -- The Will of the People -- Glossary -- For More Information -- Web Sites -- For Further Reading -- Bibliography -- Index -- About the Author -- Photo Credits
In: Small group research: an international journal of theory, investigation, and application, Volume 23, Issue 3, p. 356-378
ISSN: 1552-8278
This study investigated developmental patterns in an all-male, all-female, and a mixed-sex group. Specifically, the research asked whether there were proportional differences in the types of verbal statements made in these three groups and whetherthese proportions changed over time. A repeated measures analysis of variance revealed no significant differences between the all-male and all-female groups. Developmental patterns were the same in both groups. Significant differences were noted between same-sex groups and the mixed-sex group. The verbal behaviorof men and women was notdifferentfrom each other in the mixedsex groups. However, both men and women responded differently in the larger mixed-sex group. The identified patterns of development in the same-sex groups corresponded well to those found in previous research on group development. This was generally true in the larger mixed-sex group as well, with three exceptions. Flight, which typically decreases across time, increased in the mixed-sex group. Work expected to increase, decreased in the larger group; and pairing, expected to peak in the third phase, peaked early and late in the mixed-sex group. The study concluded that sex composition does not influence group developmental patterns. Size of group does seem to alter these patterns to some extent, however.
In: University of Missouri-Kansas City Law Review, Volume 84, Issue 3
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In: Contemporary world issues
In: Contemporary World Issues Ser.
Cover -- Half Title -- Title -- Copyright -- Contents -- Preface to the First Edition -- Preface to the Second Edition -- 1 Background and History -- Introduction: The Early Days -- Same-Sex Relationships in History -- Early Civilizations -- China -- Islam -- American Indians -- Greece and Rome -- Some Cautions -- Attitudes toward Same-Sex Relationships in Western Culture -- Sodomy Laws in the United States -- The Gay and Lesbian Civil Rights Movement -- Early Organizations -- The Storm Breaks -- Same-Sex Marriage in the United States -- The International Scene
In: Contexts / American Sociological Association: understanding people in their social worlds, Volume 20, Issue 3, p. 46-51
ISSN: 1537-6052
In this article, the author addresses why some straight-identified men are primarily attracted to women, but have sex with men. This typically happens because they think that extramarital sex with men is less threatening to their marriages than extramarital sex with women. Additionally, many live what they consider a "straight life" and believe that sex with men is irrelevant to their identities.
In: Temple Political & Civil Rights Law Review, Volume 17, Issue 2, p. 101
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In: American Journal of Comparative Law, Forthcoming
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This Chapter gives a brief analysis of the status of same-sex marriage in the United States prior to the US Supreme Court decisions of 2013 and the current status of litigation and political reforms triggered, in part by the court decisions. It shows that marriage is a central institution in the country's rationale of family law in ways that separate it from other Western countries that have allowed same-sex marriage. ; https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1165/thumbnail.jpg
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Same-sex marriage emerged in 2004 as one of the hottest issues of the campaign season. But in a severe blow to gay rights advocates, all eleven states that had the issue on the ballot passed amendments banning the practice, and the subject soon dropped off the media's radar. This pattern of waxing and waning in the public eye has characterized the debate over same-sex marriage since 1996 and the passing of the Defense of Marriage Act. Since then, court rulings and local legislatures have kept the issue alive in the political sphere, and conservatives and gay rights advocates have made the issu
In the spring of 2009, the legislatures of Connecticut, Maine, New Hampshire, and Vermont became the first in the United States to enact laws recognizing the legality of same-sex civil marriage. The legislation in all four states included provisions designed to protect the freedom of clergy and religious communities that do not want to recognize same-sex marriage. The legislation in several of the states also included provisions designed to insulate religious organizations from obligations that might arise from the legalization of same-sex marriagefor example, with respect to adoption or the provision of housing to married couples. Despite academic and political prodding, however, none of the states included provisions designed to exempt public employees, or private vendors in the wedding industry, from pre-existing legal obligations to serve without regard to the same-sex character of a marriage or family. This paper develops a typology of conflict between same-sex marriage and religious freedom, and builds on that typology to analyze the issues raised by this new legislation. In particular, the paper defends constitutionally distinctive freedoms for clergy and houses of worship with respect to the celebration of marriages; analyzes and critiques proposals that would allow public employees and private vendors to assert conscientious objections to serving same-sex couples; and assesses the circumstances in which religious entities, including religious charities and educational institutions, should be obligated to serve same-sex families on equal terms
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In: The independent review: journal of political economy, Volume 12, Issue 1, p. 85-99
ISSN: 1086-1653
This article explores some limits to freedom imposed by family law & considers the merit of extending marriage rights to homosexual cohabitants -- a topic of heated debate throughout the world. Answering this question requires first examining the relationship between marriage & cohabitation. Marriage is a contract into which most heterosexual couples choose to enter, though the number of those who do not is growing. It is not a choice in most places for homosexual couples. However, there has been a recent trend to increase the obligations of unmarried intimate cohabitants, both hetero- & same-sex couples. In essence this trend has implications for personal autonomy. The contrasting legal positions of cohabitants & spouses are examined. It is concluded that marriage is useful in cohabitation settings where there is asymmetry in life profiles. It allows spouses or partners to feel comfortable with long-term investments of time & effort, especially when there are children involved. This is true for both opposite- & same-sex couples. Therefore it is suggested that a new form of obligated cohabitation, called the "marriage lite," might be an acceptable alternative for those who do not wish to marry but do wish for a certain degree of legal obligation & commitment. References. J. Stanton