Same Sex Marriage and Children

Author: Carlos A. Ball
Publisher: Oxford University Press
ISBN: 0190628596
Format: PDF, ePub
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Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that reached the Supreme Court and explains why the constitutionality of same-sex marriage bans could not be defended on the basis that maintaining marriage as an exclusively heterosexual institution promoted the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.

In Defense of Plural Marriage

Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 1107087716
Format: PDF, ePub, Docs
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This book outlines the constitutional argument in favor of plural marriage in the United States.

Strange Bedfellows

Author: Alison Lefkovitz
Publisher: University of Pennsylvania Press
ISBN: 0812295056
Format: PDF, Docs
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In the inaugural issue of Ms. Magazine, the feminist activist Judy Syfers proclaimed that she "would like a wife," offering a wry critique of the state of marriage in modern America. After all, she observed, a wife could provide Syfers with free childcare and housecleaning services as well as wages from a job. Outside the pages of Ms., divorced men's rights activist Charles Metz opened his own manifesto on marriage reform with a triumphant recognition that "noise is swelling from hundreds of thousands of divorced male victims." In the 1960s and 70s, a broad array of Americans identified marriage as a problem, and according to Alison Lefkovitz, the subsequent changes to marriage law at the state and federal levels constituted a social and legal revolution. The law had long imposed breadwinner and homemaker roles on husbands and wives respectively. In the 1960s, state legislatures heeded the calls of divorced men and feminist activists, but their reforms, such as no-fault divorce, generally benefitted husbands more than wives. Meanwhile, radical feminists, welfare rights activists, gay liberationists, and immigrant spouses fought for a much broader agenda, such as the extension of gender-neutral financial obligations to all families or the separation of benefits from family relationships entirely. But a host of conservatives stymied this broader revolution. Therefore, even the modest victories that feminists won eluded less prosperous Americans—marriage rights were available to those who could afford them. Examining the effects of law and politics on the intimate space of the home, Strange Bedfellows recounts how the marriage revolution at once instituted formal legal equality while also creating new forms of political and economic inequality that historians—like most Americans—have yet to fully understand.

Wedlocked

Author: Katherine Franke
Publisher: NYU Press
ISBN: 1479814008
Format: PDF, Kindle
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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.

Charity and Sylvia

Author: Rachel Hope Cleves
Publisher: Oxford University Press
ISBN: 0199335451
Format: PDF, ePub
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Conventional wisdom holds that same-sex marriage is a purely modern innovation, a concept born of an overtly modern lifestyle that was unheard of in nineteenth century America. But as Rachel Hope Cleves demonstrates in this eye-opening book, same-sex marriage is hardly new. Born in 1777, Charity Bryant was raised in Massachusetts. A brilliant and strong-willed woman with a clear attraction for her own sex, Charity found herself banished from her family home at age twenty. She spent the next decade of her life traveling throughout Massachusetts, working as a teacher, making intimate female friends, and becoming the subject of gossip wherever she lived. At age twenty-nine, still defiantly single, Charity visited friends in Weybridge, Vermont. There she met a pious and studious young woman named Sylvia Drake. The two soon became so inseparable that Charity decided to rent rooms in Weybridge. In 1809, they moved into their own home together, and over the years, came to be recognized, essentially, as a married couple. Revered by their community, Charity and Sylvia operated a tailor shop employing many local women, served as guiding lights within their church, and participated in raising their many nieces and nephews. Charity and Sylvia is the intimate history of their extraordinary forty-four year union. Drawing on an array of original documents including diaries, letters, and poetry, Cleves traces their lives in sharp detail. Providing an illuminating glimpse into a relationship that turns conventional notions of same-sex marriage on their head, and reveals early America to be a place both more diverse and more accommodating than modern society might imagine, Charity and Sylvia is a significant contribution to our limited knowledge of LGBT history in early America.

Forcing the Spring

Author: Jo Becker
Publisher: Penguin
ISBN: 0143127233
Format: PDF, ePub, Mobi
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A groundbreaking work of reportage by Pulitzer Prize-winning journalist Jo Becker,Forcing the Spring is the definitive account of five remarkable years in American civil rights history, when the United States experienced a tectonic shift on the issue of marriage equality. Focusing on the historic legal challenge of California's ban on same-sex marriage, Becker offers a gripping, behind-the scenes narrative told with the lightning pace of a great legal thriller. Taking the reader from the Oval Office to the Supreme Court ruling, from state-by-state campaigns to the landmark decision overturning DOMA, Forcing the Springis political and legal journalism at its finest. 'Not just the definitive account of the battle for same-sex marriage rights but a thrilling and compassionate one too. Grade A.' Entertainment Weekly'A stunningly intimate story.' The New York Times Book Review'Becker's account of the hearings, and her analysis of the complictated legal theories involved in the long appeals process, are excellent. Her writing about the four plaintiffs in the case - the true emotional heroes of this book - is particularly affecting.' Richard Socarides, The New Yorker

The Right to Be Parents

Author: Carlos A. Ball
Publisher: NYU Press
ISBN: 1479803162
Format: PDF, ePub, Docs
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"In 1975, California courts stripped a lesbian mother of her custody rights because she was living openly with another woman. Twenty years later, the Virginia Supreme Court did the same thing to another lesbian mother. In ordering that children be separated from their mothers, these courts ruled that it was not possible for a woman to be both a good parent and a lesbian. The Right to be Parents is the first book to provide a detailed history of how LGBT parents have turned to the courts to protect and defend their relationships with their children. Carlos A. Ball chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. Each chapter contains riveting human stories of determination and perseverance as LGBT parents challenge the widely-held view that having a same-sexual orientation, or that being a transsexual, renders individuals incapable of being good parents. To this day, some courts are still not able to look beyond sexual orientation and gender identity in order to fairly apply legal principles in cases involving LGBT parents and their children. Yet on the whole, stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures. The Right to be Parents explores why and how that has come to be"--Provided by publisher.

Radical Challenges to the Family

Author: Dr Ashley Lavelle
Publisher: Ashgate Publishing, Ltd.
ISBN: 147245619X
Format: PDF, ePub
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Drawing on archival research in the US, UK and Australia, the author asks what the emergence of same-sex marriage movements and legislation mean for challenges to the nuclear family in the light of an original general hostility to marriage and family structures in the gay liberation movement, whilst considering the extent to which the nuclear family might be included in the list of social and economic institutions subject to criticism on the part of more recent anti-capitalist movements, such as Occupy. A detailed study of the extent to which the nuclear family remains susceptible to the radical critiques of the last century, Radical Challenges to the Family examines whether the original challenges shed light on ensuring social problems, including domestic violence, child abuse, homophobia, and growing marital dissatisfaction.

The Handmaid s Tale

Author: Margaret Atwood
Publisher: Emblem Editions
ISBN: 1551994968
Format: PDF
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In this multi-award-winning, bestselling novel, Margaret Atwood has created a stunning Orwellian vision of the near future. This is the story of Offred, one of the unfortunate “Handmaids” under the new social order who have only one purpose: to breed. In Gilead, where women are prohibited from holding jobs, reading, and forming friendships, Offred’s persistent memories of life in the “time before” and her will to survive are acts of rebellion. Provocative, startling, prophetic, and with Margaret Atwood’s devastating irony, wit, and acute perceptive powers in full force, The Handmaid’s Tale is at once a mordant satire and a dire warning.

Legal Recognition of Same Sex Partnerships

Author: Robert Wintemute
Publisher: Bloomsbury Publishing
ISBN: 1847312497
Format: PDF, Docs
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Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other's children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.