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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 ...

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.

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

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

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

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