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Defending Marriage

Cheshire Calhoun

in Feminism, the Family, and the Politics of the Closet: Lesbian and Gay Displacement

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199257669
eISBN:
9780191598906
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199257663.003.0005
Subject:
Political Science, Political Theory

The positive arguments for same‐sex marriage are discussed. The first argument links marriage rights to a normative ideal of long‐term, monogamous, sexually faithful intimacy, and defends marriage ... More


Marriage and Other Social Issues

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0008
Subject:
Political Science, American Politics

This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties ... More


Defining Marriage: Political Liberalism and the Same-Sex Marriage Debates

Elizabeth Brake

in Minimizing Marriage: Marriage, Morality, and the Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199774142
eISBN:
9780199933228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199774142.003.0007
Subject:
Philosophy, Feminist Philosophy

Chapter 6 continues the argument for marriage reform by reviewing liberal debates over same-sex marriage to show what they have missed. Liberal defenses of same-sex marriage have not followed the ... More


Claiming Rights and Performing Citizenship

Karen Zivi

in Making Rights Claims: A Practice of Democratic Citizenship

Published in print:
2012
Published Online:
January 2012
ISBN:
9780199826414
eISBN:
9780199919437
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199826414.003.0004
Subject:
Political Science, Political Theory, Democratization

This chapter explores the performativity of the claims in the context of the debate over same-sex marriage. It analyzes rights claims made by both proponents and opponents of same-sex marriage rights ... More


Same-Sex Marriage and the New Judicial Federalism: Why State Courts Should Not Consider Out-of-State Backlash

Neal Devins

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter addresses state constitutional interpretation in the context of same-sex marriage, with a particular focus on its implications for the new judicial federalism. It surveys the same-sex ... More


Same Sex, Different States: When Same-Sex Marriages Cross State Lines

Andrew Koppelman

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300113402
eISBN:
9780300135138
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113402.001.0001
Subject:
Political Science, American Politics

Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from ... More


Minimizing Marriage: Marriage, Morality, and the Law

Elizabeth Brake

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199774142
eISBN:
9780199933228
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199774142.001.0001
Subject:
Philosophy, Feminist Philosophy

Even in secular contexts, marriage retains sacramental connotations. Yet what is its moral significance? This book examines its morally salient features – promise, commitment, care, and contract – ... More


Gay Rights

Patrick J. Egan, Nathaniel Persily, and Kevin Wallsten

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0011
Subject:
Political Science, American Politics

The controversy surrounding gay rights represents the most recent part in the long story of often unpopular attempts by courts to protect minorities from discrimination and to broaden the ... More


Aspiring to Be Iowan: Same-Sex Marriage and the End of Gayness As We Know It

Yvonne Zylan

in States of Passion: Law, Identity, and Social Construction of Desire

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199735082
eISBN:
9780199894802
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199735082.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter uses the framework developed in Chapter 3 to examine same-sex marriage. Topics discussed include same-sex marriage litigation, the nature of marriage, and how same-sex marriage ... More


Civil Unions and Marriage

Jeffrey M. Shaman

in Equality and Liberty in the Golden Age of State Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.003.0006
Subject:
Law, Constitutional and Administrative Law

Although there is a split of authority on the issue, some state courts have ruled that it is unconstitutional to deny gay or lesbian couples the civil benefits and rights that are available to ... More


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