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Traditional Marriage and Public Law

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/9780691166483.003.0003
Subject:
Law, Family Law

This chapter examines the philosophical argument, grounded in natural law, for regarding marriage as necessarily the union of one man and one woman. It first considers whether marriage is by nature ... More


Same-Sex Romantic Relationships

Adam W. Fingerhut and Letitia Anne Peplau

in Handbook of Psychology and Sexual Orientation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199765218
eISBN:
9780199979585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765218.003.0012
Subject:
Psychology, Developmental Psychology

Researchers studying same-sex couples have become part of the ongoing public conversation about marriage equality. Two broad research topics have been center stage. First, policy makers and attorneys ... More


Marriage: Obligations, Benefits, and Access

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/9780691166483.003.0006
Subject:
Law, Family Law

This chapter examines the many “legal incidents” of marriage: the specific benefits, responsibilities, obligations, and protections that are associated with marriage by law. While critics focus on ... 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


Same-Sex Partnerships in the United States

in Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226520315
eISBN:
9780226520339
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226520339.003.0007
Subject:
Law, Family Law

During the past few decades, U.S. courts have been slowly expanding the definition of family. There is growing recognition of homosexuals as parents, because courts are increasingly granting ... More


Strange Bedfellows: Assessing Alternatives to Marriage

M. V. Lee Badgett

in When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814791141
eISBN:
9780814739020
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791141.003.0008
Subject:
Law, Family Law

This chapter examines alternatives to marriage that are available to same-sex couples. It first considers how the debate over same-sex marriage can lead to the slippery equity slope, in which one ... More


Something Borrowed: Trying Marriage On

M. V. Lee Badgett

in When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814791141
eISBN:
9780814739020
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791141.003.0005
Subject:
Law, Family Law

This chapter examines whether same-sex couples have unorthodox ideas about marriage that might lead to a larger cultural shift. Drawing on the reactions of heterosexual family, friends, and other ... More


The Canadian Charter of Rights and Freedoms: Is Sexual Orientation Discrimination Sex Discrimination?

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198264880
eISBN:
9780191682841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264880.003.0008
Subject:
Law, Human Rights and Immigration

This chapter argues that sexual orientation is already implicitly included in an enumerated Section 15(1) ground of the Canadian Charter of Rights and Freedoms, that is, ‘sex’, because almost every ... More


Why Marry?: The Value of Marriage

M. V. Lee Badgett

in When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814791141
eISBN:
9780814739020
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791141.003.0002
Subject:
Law, Family Law

This chapter examines why gay couples choose to marry and what we can learn from that process about the meaning of marriage. Drawing on interviews with same-sex couples from the Netherlands, it ... More


Forsaking All Other Options

M. V. Lee Badgett

in When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814791141
eISBN:
9780814739020
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791141.003.0003
Subject:
Law, Family Law

This chapter compares the actual rates of same-sex marriage or registered partnerships across countries to measures of the practical and cultural value of marriage to see whether low rates are a ... More


“It Matters Not Who We Love, Only That We Love”: Same-Sex Weddings

Karen M. Dunak

in As Long as We Both Shall Love: The White Wedding in Postwar America

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814737811
eISBN:
9780814764763
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737811.003.0006
Subject:
History, Social History

This chapter examines how the wedding became an important medium for same-sex couples to lobby for marriage equality and to stake their claim to equal rights of citizenship and national belonging ... More


The Changing Institution of Marriage and the Exclusion of Same-Sex Couples

in Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226520315
eISBN:
9780226520339
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226520339.003.0002
Subject:
Law, Family Law

There have been radical changes in the concept of marriage, the way marriages are arranged (who has the power to make decisions about marriage), the motives behind marriage, and the degree of ... More


Same-Sex Partnerships in the Netherlands

in Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226520315
eISBN:
9780226520339
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226520339.003.0004
Subject:
Law, Family Law

The Netherlands, which is the first and thus far the only country in the world to recognize same-sex marriage, has been concurrently considering and implementing three different models of recognition ... More


The Pace of Change: Are We Moving Too Fast?

M. V. Lee Badgett

in When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814791141
eISBN:
9780814739020
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791141.003.0009
Subject:
Law, Family Law

This chapter examines the possibility of a political link between changes in marriage behavior and beliefs and openness to same-sex couples' demand for recognition. In particular, it considers the ... More


Partnership or Marriage: the Provisions of the Civil Partnership Act

STEPHEN CRETNEY

in Same Sex Relationships: From 'Odious Crime' to 'Gay Marriage'

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199297733
eISBN:
9780191711275
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297733.003.0002
Subject:
Law, Comparative Law, Family Law

The Civil Partnership Act 2004 is long and complicated. This chapter contrasts this approach to reform with that taken in other countries, which have simply changed their laws to allow a same sex ... More


Contrasts between the Models of Recognition and the Status of Same-Sex Partnerships in the United States and Northern Europe

in Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226520315
eISBN:
9780226520339
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226520339.003.0008
Subject:
Law, Family Law

This chapter focuses on the two main models of recognition that serve as alternatives to marriage for same-sex couples: registered partnership and domestic partnership. Whereas the Nordic states and ... More


The Cohabitation Model

in Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226520315
eISBN:
9780226520339
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226520339.003.0006
Subject:
Law, Family Law

This chapter summarizes the status of same-sex partnership in countries that are in the process of implementing the cohabitation model (Canada, Australia, and New Zealand). Like domestic partnership, ... More


Alternatives to Marriage and the Doctrine of “Separate but Equal”

in Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226520315
eISBN:
9780226520339
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226520339.003.0010
Subject:
Law, Family Law

This chapter addresses an issue that is currently at the heart of the debate over the rights of same-sex couples: the question of whether the status of same-sex couples should be recognized outside ... More


Conclusion

in Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226520315
eISBN:
9780226520339
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226520339.003.0012
Subject:
Law, Family Law

Although the United States provides partial recognition to same-sex couples—with the exception of the state of Vermont, which comes close to equating the status of gay couples with that of married ... More


The Feasibility of Opening Up Marriage to Same-Sex Couples

in Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226520315
eISBN:
9780226520339
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226520339.003.0011
Subject:
Law, Family Law

We find in different regions and countries a common process for the recognition of gay partnerships that comprises three levels, each successive level reflecting greater tolerance. The first and ... More


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