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
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.
Abstract In 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 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessable to anyone interested in same-sex equality, the Supreme Court or constitutional law generally"--
Democracy, discursive frames, and same-sex unions : a cross-national analysis / Ahmed Khanani and Jean C. Robinson -- Constructing policy innovation in Argentina : from gender quotas to same-sex marriage / Adriana Piatti-Crocker -- The Argentine supreme court and the construction of a constitutional protection of sexual minorities / Laura Saldivia -- Policy stability without policy : the battle for same-sex partnership recognition in Brazil / Shawn Schulenberg -- Same-sex relationship equality in Mexico / Genaro Lozano -- Deconstructing the backlash : same-sex marriage litigation and social change in the United States and Canada / Jason Pierceson -- Legal struggles and political resistance : same-sex marriage in Canada and the USA / Nancy Nicol and Miriam Smith -- The distinctive centrality of marriage in the United States / David Rayside -- Conclusion : juristocracy in the Americas? / Jason Pierceson