Jessie Brotherton Academic affiliation: Oklahoma State University ©Read the copyright notice at the bottom of this page before reproducing this essay/webpage on paper, or electronically, or in any other form. |
Alderson, Kevin G. "A Phenomenological Investigation of Same-Sex Marriage." The Canadian Journal of Human Sexuality 13.2 (2005). ProQuest
Direct. Oklahoma State University Library. Article A11884517. 8 Feb. 2005
Barclay, Scott, and Shauna Fisher. "The States and the Differing Impetus for Divergent Paths on Same-Sex Marriage, 1990-2001." Policy Studies Journal 31.3 (2003). ProQuest Direct. Oklahoma State University Library. Article A0190292X. 9 Feb. 2005 Barry, Adam D. "The Defense of Marriage Act and American Exceptionalism: The 'Gay Marriage' Panic in the United States." Journal of the History of Sexuality 12.2 (2003). ProQuest Direct. Oklahoma State University Library. Article A0190292X. 9 Feb. 2005
Discusses the views of supporters and opponents of same-sex marriage in the United States. Develops the idea that relationship recognition has been thriving more among other countries than in the United States. American Protestantism, the labor movement, and gender and national identity are considered factors to American resistance of same-sex marriages. Defines that the most obvious factor is that there are many more Protestants against same-sex marriage than there are Conservatives for it. States that reform for same-sex couples is moving at a "glacial pace" (2).Clearly defines the pro and con side for same-sex marriage and is at an intermediate level of understanding to beginners in this area.
Bennison, Charles E. "Rethinking Marriage--Again." Anglican Theological Review 79.4 (1997). ProQuest Direct. Oklahoma State University Library. 17 Feb. 2005
Machacek, David W. and Adrienne Fulco. "The Courts and Public Discourse: The Case of Gay Marriage." Journal of Church and State 46.4 (2004). ProQuest
Direct. Oklahoma State University Library. Article A0021969X. 9 Feb. 2005
Hohengarten, William M. "Same-Sex Marriage and the Right of Privacy." The Yale Law Journal 103.6 (1994): 1495-1531. Defines marriage as a legal relationship, entered into through a legal framework, and enforceable according to legal rules. States that the right to marriage extends to all couples, including same-sex couples. Proceeds in four parts. Part 1 defines marriage and states that previous court rulings are unfair to same gendered couples. Part II reviews the constitutional right to marry and gives examples of alternative views of marriage by other courts. Part III disapproves of the alternative analysis of marriage by stating that it is unsupported by state law. Part IV links the constitutional right to marry with procreation as inconsistent. Research students would find very helpful in gaining knowledge of same-sex marriages and the unjustness of it.
Hull, Kathleen E. "The Cultural Power of Law and the Cultural Enactment of Legality:
The Case of Same-Sex Marriage." Law and Social Inquiry 28.3 (2003).
ProQuest Direct. Oklahoma State University Library. 25 Feb. 2005
"Inside Politics America Votes 2004: Bush Calls for Ban on Same-Sex
Marriages." CNN (2004). Google. 23 Feb. 2005 Merin, Yuval. Equality for Same-Sex Couples: The Legal Recognition of Gay
Partnerships in Europe and the United States. Chicago and London: The U of
Chicago P, 2002. Describes the current concepts and characteristics of marriage law. States that the implementation of equal rights for women has been the catalyst for the movement towards same-sex marriage. Shows that the only restrictions that are absolute prohibitions are those based on kinship, currently existing marriage, and same-sex marriage. Raises the point that advances made by blacks and women towards equality in marriage might help in progress for same-sex couples. Provides examples of couples who wanted a marriage license, but were denied. Notes that a large number of children today are being raised by same-sex partners and a growing number of children are being conceived through assisted reproductive techniques. Readers could gain insight of same-sex marriage and the hardships it has endured.
Strasser, Mark. Legally Wed: Same-Sex Marriage and the Constitution.
Ithaca and London: Cornell UP, 1997. States that a long historical pedigree does
not establish the legitimacy of a state definition or policy. Makes the point that
definitions of same-sex marriage do not always mean the same thing in law.
Shows that the Supreme Court will apply one of three standards to decide whether
"a particular statute passes constitutional muster" (24). Three standards are strict
scrutiny, heightened scrutiny, or the rational basis test. Argues against the
statements that the purpose of marriage is to bear children. States that argument is
false because there is no requirement that married couples must have children and
if there was a requirement, same-sex couples could not be precluded on that
account. Provides an in-depth view of why same-sex marriage should be legalized
in the United States.
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