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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


Why Marriage Matters

Stephen Macedo

in Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691166483
eISBN:
9781400865857
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691166483.003.0001
Subject:
Law, Family Law

This book offers arguments in defense of same-sex marriage, marriage (as a distinctive relationship defined by law), and monogamy. It considers the acrimonious debate over same-sex marriage and two ... More


Same-Sex Relationships

Joanna L. Grossman and Lawrence M. Friedman

in Inside the Castle: Law and the Family in 20th Century America

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149820
eISBN:
9781400839773
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149820.003.0008
Subject:
Law, Family Law

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never ... More


Marriage, Gender Justice, and Children’s Well-Being

Stephen Macedo

in Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691166483
eISBN:
9781400865857
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691166483.003.0004
Subject:
Law, Family Law

This chapter examines conservative arguments from the gendered nature of marriage as a relation of husband and wife, and others based on children's interests. It first considers the conservatives' ... 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


The Special Status of Marriage

Stephen Macedo

in Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691166483
eISBN:
9781400865857
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691166483.003.0005
Subject:
Law, Family Law

This chapter considers the symbolic dimension of marriage, noting that the symbolism of marriage has been most central to the very public political debates over same-sex marriage. It first examines ... 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


Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage

Stephen Macedo

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691166483
eISBN:
9781400865857
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691166483.001.0001
Subject:
Law, Family Law

The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage ... More


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