Same Sex Marriage and Children

Author: Carlos A. Ball
Publisher: Oxford University Press
ISBN: 0190628596
Format: PDF, ePub, Mobi
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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.

Strange Bedfellows

Author: Alison Lefkovitz
Publisher: University of Pennsylvania Press
ISBN: 0812295056
Format: PDF, ePub
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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.

In Defense of Plural Marriage

Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 1316300072
Format: PDF, ePub
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With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships.

Wedlocked

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

Forcing the Spring

Author: Jo Becker
Publisher: Penguin
ISBN: 0698151585
Format: PDF, Mobi
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A New York Times Notable Book of the Year A Washington Post Best Book of the Year (Nonfiction) A Kirkus Best Book of the Year “[A] riveting legal drama, a snapshot in time, when the gay rights movement altered course and public opinion shifted with the speed of a bullet train...Becker's most remarkable accomplishment is to weave a spellbinder of a tale that, despite a finale reported around the world, manages to keep readers gripped until the very end.”-The Washington Post A tour de force of groundbreaking 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. Beginning with the historical legal challenge of California's ban on same-sex marriage, Becker expands the scope to encompass all aspects of this momentous struggle, offering a gripping behind-the-scenes narrative told with the lightning pace of the greatest legal thrillers. For nearly five years, Becker was given free rein in the legal and political war rooms where the strategy of marriage equality was plotted. She takes us inside the remarkable campaign that rebranded a movement; into the Oval Office where the president and his advisors debated how to respond to a fast-changing political landscape; into the chambers of the federal judges who decided that today's bans on same-sex marriage were no more constitutional than previous century's bans on interracial marriage; and into the mindsets of the Supreme Court judges who decided the California case and will likely soon decide the issue for the country at large. From the state-by state efforts to win marriage equality at the ballot box to the landmark Supreme Court case that struck down a law that banned legally married gay and lesbian couples from receiving federal benefits, Becker weaves together the political and legal forces that reshaped a nation. Forcing the Spring begins with California's controversial ballot initiative Proposition 8, which banned gay men and lesbians from marrying the person they loved. This electoral defeat galvanized an improbable alliance of opponents to the ban, with political operatives and Hollywood royalty enlisting attorneys Ted Olson and David Boies—the opposing counsels in the Supreme Court’s Bush v. Gore case—to join together in a unique bipartisan challenge to the political status quo. Despite initial opposition from the gay rights establishment, the case against Proposition 8 would ultimately force the issue of marriage equality all the way to the Supreme Court, transforming same-sex marriage from a partisan issue into a modern crisis of civil rights. Shuttling between the twin American power centers of Hollywood and Washington—and based on access to all the key players in the Justice Department and the White House—Becker offers insider coverage on the true story of how President Obama “evolved” to embrace marriage equality. What starts out as a tale of an epic legal battle grows into the story of the evolution of a country. Becker shows how the country reexamined its opinions on same-sex marriage, an issue that raced along with a snowballing velocity which astounded veteran political operatives. Here is the ringside account of this unprecedented change, the fastest shift in public opinion ever seen in modern American politics. Clear-eyed and even-handed, Forcing the Spring is political and legal journalism at its finest, offering an unvarnished perspective on the extraordinary transformation of America and an inside look into the fight to win the rights of marriage and full citizenship for all. From the Hardcover edition.

The Crisis of Religious Liberty

Author: Stephen M. Krason
Publisher: Rowman & Littlefield
ISBN: 144224254X
Format: PDF, Kindle
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In The Crisis of Religious Liberty:Reflections from Law, History, and Catholic Social Thought, contributors consider a series of significant challenges to the freedom of religious conscience and expression in the United States today.

Immigration Controls the Family and the Welfare State

Author: Steve Cohen
Publisher: Jessica Kingsley Publishers
ISBN: 1853027235
Format: PDF, Docs
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For social and welfare workers, the complexities of immigration law may at first appear daunting. In this book Steve Cohen examines the law as it applies to the family and welfare, giving pointers for good practice.

Sex Role Attitudes and Cultural Change

Author: I. Gross
Publisher: Springer Science & Business Media
ISBN: 9400977379
Format: PDF, ePub, Docs
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The initial impetus for this volume was the occasion of the World Congress for Mental Health held in Vancouver, British Columbia in 1977. The theme of that congress was priorities in mental health. The keynote speaker Mrs. Rosalynn Carter, wife of the then President of the United States, focused attention on the necessity for an international perspective in understanding priorities for mental health. Without exception subsequent speakers echoed the sentiments Mrs. Carter expressed, that the first priority for mental health was that of children. For many participants the concern for children was translated not only into techniques for treatment but more importantly into broadening the approaches to prevention. One theme emerged which has begun to be addressed around the world - that of the cultural and developmental implications of sex role stereotyping for mental health. This topic proved to be the touchstone for many issues related both directly and indirectly to mental health. Among the most prominent concerns expressed were those for the effects on careers, the learning environment and relations between the sexes which stem from stereotyped attitudes concerning appropriate sex role behavior. The consensus of the par tiCipants was to urge the directorate of the congress to continue this topic at the next World Congress. This was a particularly appropriate content for the next World Congress, since 1979 was the International Year of the Child.