Numerous activists and scholars have appealed for rights, inclusion, and justice in the name of "citizenship." Against Citizenship provocatively shows that there is nothing redeemable about citizenship, nothing worth salvaging or sustaining in the name of "community," practice, or belonging. According to Brandzel, citizenship is a violent dehumanizing mechanism that makes the comparative devaluing of human lives seem commonsensical, logical, and even necessary. Against Citizenship argues that whenever we work on behalf of citizenship, whenever we work towards including more types of peoples under its reign, we inevitably reify the violence of citizenship against nonnormative others. Brandzel's focus on three legal case studies--same-sex marriage law, hate crime legislation, and Native Hawaiian sovereignty and racialization--exposes how citizenship confounds and obscures the mutual processes of settler colonialism, racism, sexism, and heterosexism. In this way, Brandzel argues that citizenship requires anti-intersectionality, that is, strategies that deny the mutuality and contingency of race, class, gender, sexuality and nation--and how, oftentimes, progressive left activists and scholars follow suit.
Michael J. Rosenfeld offers a new theory of family dynamics to account for the interesting and startling changes in marriage and family composition in the United States in recent years. His argument revolves around the independent life stage that emerged around 1960. This stage is experienced by young adults after they leave their parents’ homes but before they settle down to start their own families. During this time, young men and women go away to college, travel abroad, begin careers, and enjoy social independence. This independent life stage has reduced parental control over the dating practices and mate selection of their children and has resulted in a sharp rise in interracial and same-sex unions—unions that were more easily averted by previous generations of parents.
Complementing analysis of newly available census data from the entire twentieth century with in-depth interviews that explore the histories of families and couples, Rosenfeld proposes a conceptual model to explain many social changes that may seem unrelated but that flow from the same underlying logic. He shows, for example, that the more a relationship is transgressive of conventional morality, the more likely it is for the individuals to live away from their family and area of origin.
The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored.
In her new book, An Argument for Same-Sex Marriage, political scientist Emily Gill draws an extended comparison between religious belief and sexuality, both central components of one’s personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality.
An Argument for Same-Sex Marriage is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.
Some of the most divisive contests shaping the quest for marriage equality occurred not on the culture-war front lines but within the ranks of LGBTQ advocates. Nathaniel Frank tells the dramatic story of how an idea that once seemed unfathomable—and for many gays and lesbians undesirable—became a legal and moral right in just half a century.
Over the past decade, the controversial issue of gay marriage has emerged as a primary battle in the culture wars and a definitive social issue of our time. The subject moved to the forefront of mainstream public debate in 2004, when San Francisco Mayor Gavin Newsom began authorizing same-sex marriage licenses, and it has remained in the forefront through three presidential campaigns and numerous state ballot initiatives. In this thorough analysis, Leigh Moscowitz examines how prominent news outlets presented this issue from 2003 to 2012, a time when intense news coverage focused unprecedented attention on gay and lesbian life.
During this time, LGBT rights leaders sought to harness the power of media to advocate for marriage equality and to reform their community's public image. Building on in-depth interviews with activists and a comprehensive, longitudinal study of news stories, Moscowitz investigates these leaders' aims and how their frames, tactics, and messages evolved over time. In the end, media coverage of the gay marriage debate both aided and undermined the cause. Media exposure gave activists a platform to discuss gay and lesbian families. But it also triggered an upsurge in opposing responses and pressured activists to depict gay life in a way calculated to appeal to heterosexual audiences. Ultimately, The Battle over Marriage reveals both the promises and the limitations of commercial media as a route to social change.
At most church weddings, the person presiding over the ritual is not a priest or a pastor, but the wedding planner, followed by the photographer, the florist, and the caterer. And in this day and age, more wedding theology is supplied by Modern Bride magazine or reality television than by any of the Christian treatises on holy matrimony. Indeed, church weddings have strayed long and far from distinctly Christian aspirations. The costumes and gestures might still be right, but the intentions are hardly religious.
Why then, asks noted gay commentator Mark D. Jordan, are so many churches vehemently opposed to blessing same-sex unions? In this incisive work, Jordan shows how carefully selected ideals of Christian marriage have come to dominate recent debates over same-sex unions. Opponents of gay marriage, he reveals, too often confuse simplified ideals of matrimony with historical facts. They suppose, for instance, that there has been a stable Christian tradition of marriage across millennia, when in reality Christians have quarreled among themselves for centuries about even the most basic elements of marital theology, authorizing experiments like polygamy and divorce.
Jordan also argues that no matter what the courts do, Christian churches will have to decide for themselves whether to bless same-sex unions. No civil compromise can settle the religious questions surrounding gay marriage. And queer Christians, he contends, will have to discover for themselves what they really want out of marriage. If they are not just after legal recognition as a couple or a place at the social table, do they really seek the blessing of God? Or just the garish melodrama of a white wedding? Posing trenchant questions such as these, Blessing Same-Sex Unions will be a must-read for both sides of the debate over gay marriage in America today.
“Contraceptive sex,” wrote social science researcher Mary Eberstadt in 2012, “is the fundamental social fact of our time.” In this important and pointed book, Charles E. Rice, of the Notre Dame Law School, makes the novel claim that the acceptance of contraception is a prelude to persecution. He makes the striking point that contraception is not essentially about sex. It is a First Commandment issue: Who is God? It was at the Anglican Lambeth Conference of 1930 when for the first time a Christian denomination said that contraception could ever be a moral choice. The advent of the Pill in the 1960s made the practice of contraception practically universal. This involved a massive displacement of the Divine Law as a normative measure of conduct, not only on sex but across the board. Nature abhors a vacuum. The State moved in to occupy the place formerly held by God as the ultimate moral Lawgiver. The State put itself on a collision course with religious groups and especially with the Catholic Church, which continues to insist on that traditional teacher. A case in point is the Obama Regime’s Health Care Mandate, coercing employees to provide, contrary to conscience, abortifacients and contraceptives to their employees. The first chapter describes that Mandate, which the Catholic bishops have vowed not to obey. Rice goes on to show that the duty to disobey an unjust law that would compel you to violate the Divine Law does not confer a general right to pick and choose what laws you will obey. The third chapter describes the “main event,” which is the bout to determine whether the United States will conform its law and culture to the homosexual (LGBTQ) lifestyle in all its respects. “The main event is well underway and LGBTQ is well ahead on points.” Professor Rice follows with a clear analysis of the 2013 Supreme Court decision on same-sex marriage. Part II presents some “underlying causes” of the accelerating persecution of the Catholic Church. The four chapter headings in this part outline the picture: The Dictatorship of Relativism; Conscience Redefined; The Constitution: Moral Neutrality; and The Constitution: Still Taken Seriously? The answer to the last question, as you might expect, is: No. Part III, the controversial heart of the book, prese nts contraception as “an unacknowledged cause” of persecution. The first chapter argues that contraception is not just a “Catholic issue.” The next chapter describes the “consequences” of contraception and the treatment of women as objects. The third chapter spells out in detail the reality that contraception is a First Commandment issue and that its displacement of God as the ultimate moral authority opened the door for the State to assume that role, bringing on a persecution of the Church. The last chapter, “A Teaching Untaught,” details the admitted failure of the American Catholic bishops to teach Pope Paul VI’s 1968 encyclical, Humanae Vitae. But Rice offers hope that the bishops are now getting their act together Part IV offers as a “response” to the persecution of the Church three remedies: Speak the Truth with clarity and charity; Trust God; and, most important, Pray. As the last sentence in the book puts it: “John Paul II wrote in a letter to U.S. bishops in 1993: ‘America needs much prayer – lest it lose its soul.’” This readable and provocative book is abundantly documented with a detailed index of names and subjects.
“We’ve been together in sickness and in health, through the death of his mother, through the adoption of our children, through four long years of this legal battle,” Jason Morgan told reporters of himself and his partner, Chuck Swaggerty. “And if being together through all of that isn’t love and commitment or isn’t family or isn’t marriage, then I don’t know what is.” Just minutes earlier on that day, April 3, 2009, the justices of the Iowa Supreme Court had agreed.
The court’s decision in Varnum v. Brien made Iowa only the third state in the nation to permit same-sex couples to wed—moderate, midwestern Iowa, years before such left-leaning coastal states as California and New York. And unlike the earlier decisions in Massachusetts and Connecticut, Varnum v. Brien was unanimous and unequivocal. It catalyzed the unprecedented and rapid shift in law and public opinion that continues today.
Equal Before the Law tells the stories behind this critical battle in the fight for marriage equality and traces the decision’s impact. The struggle began in 1998 with the easy passage of Iowa’s Defense of Marriage Act and took a turn, surprising to many, in 2005, when six ordinary Iowa couples signed on to Lambda Legal’s suit against the law. Their triumph in 2009 sparked a conservative backlash against the supreme court justices, three of whom faced tough retention elections that fall.
Longtime, award-winning reporters Tom Witosky and Marc Hansen talked with and researched dozens of key figures, including opponent Bob Vander Plaats, proponents Janelle Rettig and Sharon Malheiro, attorneys Roger Kuhle, Dennis Johnson, and Camilla Taylor, and politicians Matt McCoy, Mary Lundby, and Tom Vilsack, who had to weigh their careers against their convictions. Justice Mark Cady, who wrote the decision, explains why the court had to rule in favor of the plaintiffs. At the center of the story are the six couples who sacrificed their privacy to demand public respect for their families.
Through these voices, Witosky and Hansen show that no one should have been surprised by the 2009 decision. Iowans have a long history of leadership on civil rights. Just a year after Iowa became a state, its citizens adopted as their motto the phrase, “Our liberties we prize and our rights we will maintain.” And they still do today.
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe.
Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
When Joel Derfner's boyfriend proposed to him, there was nowhere in America the two could legally marry. That changed quickly, however, and before long the two were on what they expected to be a rollicking journey to married bliss. What they didn't realize was that, along the way, they would confront not just the dilemmas every couple faces on the way to the altar—what kind of ceremony would they have? what would they wear? did they have to invite Great Aunt Sophie?—but also questions about what a relationship can and can't do, the definition of marriage, and, ultimately, what makes a family.
Add to the mix a reality show whose director forces them to keep signing and notarizing applications for a wedding license until the cameraman gets a shot she likes; a family marriage history that includes adulterers, arms smugglers, and poisoners; and discussions of civil rights, Sophocles, racism, grammar, and homemade Ouija boards—coupled with Derfner's gift for getting in his own way—and what results is a story not just of gay marriage and the American family but of what it means to be human.
Every day seems to bring news of legal challenges to existing marriage laws and the constitutionality of any form of union for same-sex partners. In this timely and accessible book, Michael Mello argues that the public debates and political battles that have divided Vermont and Massachusetts will be repeated across the country as state after state confronts the issue of legalizing gay marriage.Michael Mello examines recent landmark decisions in state and federal high courts granting civil rights protections to homosexuals. In Vermont, the Supreme Court's recommendation that legislators recognize the "common humanity" that links all individuals irrespective of sexual identity and consider the question of same-sex marriage resulted in the first state legislation to establish civil union. In Massachusetts, the court's ruling that gay marriage is a right protected by the state constitution has plunged the legislature into a contentious debate about a constitutional amendment. In both states, as in California and New York, public discussion of equal civil protections for gays and lesbians soon become mired in contending views of morality, religion, social mores, and the sanctity of heterosexual marriage.Mello regards the widespread and virulent opposition to any form of same-sex unions as proof that in Vermont, as elsewhere, homosexuals are indeed a "despised minority" in need of the law's protection. Thus, civil union laws represent only a partial victory because they create a separate and inherently unequal category of relationships for gay people. Mello's analysis of the issues provides an invaluable guide to the battles being waged in state legislatures and by politicians at the national level.
Revised and updated to include the most current information on same-sex marriage, The Limits to Union documents a legal struggle at its moment of greatest historical importance.
"The Limits to Union is a superb book about the complexities of recent political struggles over same-sex marriage. Goldberg-Hiller offers a sophisticated account of egalitarian rights advocacy and the reaction it has generated from established majorities animated by a 'new common sense' of exclusionary sovereign authority. The author's analysis is multidimensional and nuanced, but the core argument is bold, important, and well-supported. I recommend it very highly to everyone interested in understanding the character, possibilities, and constraints of civil rights amid our contemporary culture wars."
-Michael McCann, author of Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization
"In this excellent book, Goldberg-Hiller uses Hawaii's experience to examine the interaction between courts and the political system. . . . Relying on briefs, legislative statements, and interviews with activists from both sides of the question, he views this familiar debate . . . through the unfamiliar prism of gay marriage, which allows him to gauge the viability and the pliability of the American civil rights ideal, and how gay and lesbian issues fit (or don't fit) within that ideal."
-Willian Heinzen, New York Law Journal
"Goldberg-Hiller presents the history of the same-sex marriage question since it first sparked debate in Hawaii. He follows the shifting debate through court cases, state propositions, and state and federal legislatures, considering questions about the constitutionality of the Defense of Marriage Act and the concept of equal protection under the law for gays and lesbians. This detailed treatment of the legal issues surrounding same-sex marriages is highly recommended."
-R. L. Abbott, University of Evansville
"[A] valuable contribution to the field, situating the gay marriage debate in broader contexts of theory, law and practice. [S]ame-sex marriage is an important issue...that finds itself caught in the friction points of much larger debates over the nature of rights, the limits of sovereignty and the proper role of courts and law in a democratic society. The Limits to Union should therefore be of interest even to those who do not think of themselves as interested in gay and lesbian rights issues."
-Evan Gerstmann, Loyola Marymount University, Law and Politics Book Review
Since the 1990s, gay and lesbian civil rights organizations have increasingly focused on the right of same-sex couples to marry, which represents a major change from earlier activists’ rejection of the institution. Centering on the everyday struggles, feelings, and thought of marriage equality activists, The Nuptial Deal explores this shift and its connections to the transformation of the United States from a welfare state to a neo-liberal one in which families carry the burden of facing social problems.
Governance and marriage are now firmly entwined. Fighting for access to marriage means fighting for specific legal benefits, which include everything from medical decision-making and spousal immigration to lower insurance rates and taxes. As Jaye Cee Whitehead makes plain, debates over the definition and purpose of marriage indicate how thoroughly neo-liberalism has pervaded American culture. Indeed, Whitehead concludes, the federal government’s resistance to same-sex marriage stems not from “traditional values” but from fear of exposing marriage as a form of governance rather than a natural expression of human intimacy.
A fresh take on the terms and stakes of the debate over same-sex marriage, The Nuptial Deal is also a probing look at the difficult choices and compromises faced by activists.
The concept of marriage as a union of a man and a woman was fundamentally challenged by the introduction of registered partnership in Denmark in 1989. Odd Couples is the first comprehensive history of registered partnership and gay marriage in Scandinavia. It traces the origins of laws which initially were extremely controversial—inside and outside the gay community—but have now gained broad popular and political support, as well as the positive effects and risks involved in state recognition of lesbian and gay couples. Through a comparison of how these laws have been received and practiced in all of the Scandinavian countries, including Greenland and the Faroe Islands, the author presents a nuanced study of a fascinating political process that began in the 1960s and continues to change the way we understand family, sexuality and nation.
The Politics of Same-Sex Marriage
Edited by Craig A. Rimmerman and Clyde Wilcox University of Chicago Press, 2007 Library of Congress HQ1034.U5P65 2007 | Dewey Decimal 306.8480973
Same-sex marriage emerged in 2004 as one of the hottest issues of the campaign season. But in a severe blow to gay rights advocates, all eleven states that had the issue on the ballot passed amendments banning the practice, and the subject soon dropped off the media’s radar. This pattern of waxing and waning in the public eye has characterized the debate over same-sex marriage since 1996 and the passing of the Defense of Marriage Act. Since then, court rulings and local legislatures have kept the issue alive in the political sphere, and conservatives and gay rights advocates have made the issue a key battlefield in the culture wars.
The Politics of Same-Sex Marriage brings together an esteemed list of scholars to explore all facets of this heated issue, including the ideologies and strategies on both sides of the argument, the public’s response, the use of the issue in political campaigns, and how same-sex marriage fits into the broad context of policy cycles and windows of political opportunity. With comprehensive coverage from a variety of different approaches, this volume will be a vital sourcebook for activists, politicians, and scholars alike.
Co-Winner of the 2015 Charles Tilly Award for Best Book of the Collective Behavior and Social Movements section from the American Sociological Association
Over four thousand gay and lesbian couples married in the city of San Francisco in 2004. The first large-scale occurrence of legal same-sex marriage, these unions galvanized a movement and reignited the debate about whether same-sex marriage, as some hope, challenges heterosexual privilege or, as others fear, preserves that privilege by assimilating queer couples.
In Queering Marriage, Katrina Kimport uses in-depth interviews with participants in the San Francisco weddings to argue that same-sex marriage cannot be understood as simply entrenching or contesting heterosexual privilege. Instead, she contends, these new legally sanctioned relationships can both reinforce as well as disrupt the association of marriage and heterosexuality.
During her deeply personal conversations with same-sex spouses, Kimport learned that the majority of respondents did characterize their marriages as an opportunity to contest heterosexual privilege. Yet, in a seeming contradiction, nearly as many also cited their desire for access to the normative benefits of matrimony, including social recognition and legal rights. Kimport’s research revealed that the pattern of ascribing meaning to marriage varied by parenthood status and, in turn, by gender. Lesbian parents were more likely to embrace normative meanings for their unions; those who are not parents were more likely to define their relationships as attempts to contest dominant understandings of marriage.
By posing the question—can queers “queer” marriage?—Kimport provides a nuanced, accessible, and theoretically grounded framework for understanding the powerful effect of heterosexual expectations on both sexual and social categories.
In Reattachment Theory Lee Wallace argues that homosexuality—far from being the threat to “traditional” marriage that same-sex marriage opponents have asserted—is so integral to its reimagining that all marriage is gay marriage. Drawing on the history of marriage, Stanley Cavell's analysis of Hollywood comedies of remarriage, and readings of recent gay and lesbian films, Wallace shows that queer experiments in domesticity have reshaped the affective and erotic horizons of heterosexual marriage and its defining principles: fidelity, exclusivity, and endurance. Wallace analyzes a series of films—Dorothy Arzner's Craig's Wife (1936); Tom Ford's A Single Man (2009); Lisa Cholodenko's High Art (1998), Laurel Canyon (2002), and The Kids Are All Right (2010); and Andrew Haigh's Weekend (2011) and 45 Years (2015)—that, she contends, do not simply reflect social and legal changes; they fundamentally alter our sense of what sexual attachment involves as both a social and a romantic form.
A new constitutional world burst into American life in the mid-twentieth century. For the first time, the national constitution's religion clauses were extended by the United States Supreme Court to all state and local governments. As energized religious individuals and groups probed the new boundaries between religion and government and claimed their sacred rights in court, a complex and evolving landscape of religion and law emerged.
Sarah Gordon tells the stories of passionate believers who turned to the law and the courts to facilitate a dazzling diversity of spiritual practice. Legal decisions revealed the exquisite difficulty of gauging where religion ends and government begins. Controversies over school prayer, public funding, religion in prison, same-sex marriage, and secular rituals roiled long-standing assumptions about religion in public life. The range and depth of such conflicts were remarkable—and ubiquitous.
Telling the story from the ground up, Gordon recovers religious practices and traditions that have generated compelling claims while transforming the law of religion. From isolated schoolchildren to outraged housewives and defiant prisoners, believers invoked legal protection while courts struggled to produce stable constitutional standards. In a field dominated by controversy, the vital connection between popular and legal constitutional understandings has sometimes been obscured. The Spirit of the Law explores this tumultuous constitutional world, demonstrating how religion and law have often seemed irreconcilable, even as they became deeply entwined in modern America.
In The Wedding Complex Elizabeth Freeman explores the significance of the wedding ceremony by asking what the wedding becomes when you separate it from the idea of marriage. Freeman finds that weddings—as performances, fantasies, and rituals of transformation—are sites for imagining and enacting forms of social intimacy other than monogamous heterosexuality. Looking at the history of Anglo-American weddings and their depictions in American literature and popular culture from the antebellum era to the present, she reveals the cluster of queer desires at the heart of the "wedding complex"—longings not for marriage necessarily but for public forms of attachment, ceremony, pageantry, and celebration.
Freeman draws on queer theory and social history to focus on a range of texts where weddings do not necessarily lead to legal marriage but instead reflect yearnings for intimate arrangements other than long-term, state-sanctioned, domestic couplehood. Beginning with a look at the debates over gay marriage, she proceeds to consider literary works by Nathaniel Hawthorne, William Faulkner, Carson McCullers, Vladimir Nabokov, and Edgar Allan Poe, along with such Hollywood films as Father of the Bride, The Graduate, and The Godfather. She also discusses less well-known texts such as Su Friedrich’s experimental film First Comes Love and the off-Broadway, interactive dinner play Tony ‘n’ Tina’s Wedding.
Offering bold new ways to imagine attachment and belonging, and the public performance and recognition of social intimacy, The Wedding Complex is a major contribution to American studies, queer theory, and cultural studies.
In this updated, paperback edition of Winning Marriage, Marc Solomon, a veteran leader in the movement for marriage equality, gives the reader a seat at the strategy-setting and decision-making table in the campaign to win and protect the freedom to marry. With depth and grace he reveals the inner workings of the advocacy movement that has championed and protected advances won in legislative, court, and electoral battles over the years since the landmark Massachusetts ruling guaranteeing marriage for same-sex couples for the first time. The paperback edition includes a new afterword on the historic 2015 Supreme Court ruling on marriage that includes practical lessons from the marriage campaign that are applicable to other social movements. From the gritty clashes in the state legislatures of Massachusetts and New York to the devastating loss at the ballot box in California in 2008 and subsequent ballot wins in 2012 to the joys of securing President Obama’s support and achieving ultimate victory in the Supreme Court, Marc Solomon has been at the center of one of the great civil and human rights movements of our time. Winning Marriage recounts the struggle with some of the world’s most powerful forces—the Catholic hierarchy, the religious right, and cynical ultraconservative political operatives—and the movement’s eventual triumph.