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In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision. Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant. The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions—that marriage exists to provide a setting for the production and raising of children—is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.
Love comes along when you least expect it. That s what Duncan Taylor s sister, Scout, tells him. Scout has everything Duncan wants a happy life with a wonderful husband. Now that Seattle has made gay marriage legal, Duncan knows he can have the same thing. But when he proposes to his boyfriend Tucker, he doesn t get the answer he hoped for. Tucker s refusal is another misstep in a long line of failed romances. Despairing, Duncan thinks of all the loving unions in his life and how every one of them is straight. Maybe he could be happy, if not sexually compatible, with a woman. When zany, gay-man-loving Marilyn Samples waltzes into his life, he thinks he may have found his answer. Determined to settle, Duncan forgets his sister s wisdom about love and begins planning a wedding with Marilyn. But life throws Duncan a curveball. When he meets wedding planner Peter Dalrymple, unexpected sparks ignite. Neither man knows how long he can resist his powerful attraction to the other. For sure, there s a wedding in the future. But whose?
What does it really mean to be legally married? The answer seems to vary depending on the cultures, religions and laws of different countries. From English teenagers eloping to Gretna Green to tie the knot without their parents' permission, to whether a wife can own property, it's clear that marriage law is different depending on where you live and when. Now, the main debate centres on whether the law should be changed so that same-sex couples can marry. The Scottish and UK governments, plus a number of US states, are to legislate to allow same-sex marriage, prompting both celebration and outrage. But amongst all the assumptions, there are few facts, and the debates about same-sex marriage in the UK and the US are taking place in an informational vacuum filled with emotion and rhetoric. 'Legally Married' combines insights from history and law from the UK and Scotland with international examples of how marriage law has developed. Scot Peterson and Iain McLean show how many assumptions about marriage are contestable on a number of grounds, separate fact from fiction and explain the claims made on both sides of the argument over same-sex marriage in terms of their historical context.
Documents the humorous adventures of the author and his boyfriend as they planned their wedding while providing a treatise on relationships, gay rights, and the definition of family.