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Before I Do by Elizabeth F. Schwartz; James Obergefell (Afterword by)In her first book, Before I Do, leading gay rights attorney Elizabeth F. Schwartz spells out the range of practical considerations couples should address before tying the knot. With cameos from some of the most prominent LGBT family law professionals, Schwartz explains all of the implications of marriage from name changes and getting a license to taxes, insurance, social security, and much more.
Call Number: KF539 .S39 2016
License to Wed by Kimberly D. RichmanA critical reader of the history of marriage understands that it is an institution that has always been in flux. It is also a decidedly complicated one, existing simultaneously in the realms of religion, law, and emotion. And yet recent years have seen dramatic and heavily waged battles over the proposition of including same sex couples in marriage. Just what is at stake in these battles? License to Wed examines the meanings of marriage for couples in the two first states to extend that right to same sex couples: California and Massachusetts. The two states provide a compelling contrast: while in California the rights that go with marriage--inheritance, custody, and so forth--were already granted to couples under the state's domestic partnership law, those in Massachusetts did not have this same set of rights. At the same time, Massachusetts has offered civil marriage consistently since 2004; Californians, on the other hand, have experienced a much more turbulent legal path. And yet, same-sex couples in both states seek to marry for a variety of interacting, overlapping, and evolving reasons that do not vary significantly by location. The evidence shows us that for many of these individuals, access to civil marriage in particular--not domestic partnership alone, no matter how broad--and not a commitment ceremony alone, no matter how emotional--is a home of such personal, civic, political, and instrumental resonance that it is ultimately difficult to disentangle the many meanings of marriage. This book attempts to do so, and in the process reveals just what is at stake for these couples, how access to a legal institution fundamentally alters their consciousness, and what the impact of legal inclusion is for those traditionally excluded.
Call Number: KF539 .R53 2014
Marriage Equality by William N. Eskridge; Christopher R. RianoThe definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work." "[A] comprehensive history of the battle for equal marriage rights in America. . . . LGBTQ allies and legal students will be rewarded by the impressive survey of how far the gay rights movement has come."--Publishers Weekly As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America's marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person's ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.
Call Number: KF539 .E75 2020
Redeeming the Dream by David Boies; Theodore B. OlsonOn November 4, 2008, California voters adopted the highly controversial Proposition 8, a ballot initiative banning same-sex marriage by amending the state constitution to provide that 'only marriage between a man and a woman is valid or recognized in California.' Supported by $40 million in financial backing from religious and other groups hostile to marriage equality, its proponents argued that if the measure wasn't adopted, public schools would soon be teaching children 'that gay marriage is okay.' The passage of Proposition 8 put the state's gay and lesbian citizens, their relationships, and their children in a second-class, inferior, and less-respected status. Shocked by the results of the vote, supporters of marriage equality prepared to challenge Proposition 8 as a violation of the constitutional rights of gays and lesbians enlisting two of the nation's preeminent lawyers: David Boies and Theodore B. Olson. At first glance, they seemed unlikely allies, having argued against each other in the landmark Bush v. Gore case, which effectively decided the 2000 presidential election. But the two men had since become close friends and, dedicated to American principles of equality, due process, and the rule of law, they joined forces to bring one of the key civil liberties cases of our time. Redeeming the Dream is the remarkable story of the five-year struggle to win the right for gays and lesbians to marry in California, from the development of the strategies to challenge Proposition 8, to its being declared unconstitutional in federal district court by Chief Judge Vaughn R. Walker, to ultimate success in the Supreme Court of the United States on June 26, 2013. Boies and Olson guide readers through all the key legal issues framing the fight, the behind-the-scenes planning of what they recognized from the outset as a landmark case, and the human values that were at the heart of their battle to put state-sanctioned discrimination on trial. Redeeming the Dream is the authoritative, dramatic, and inspiring up-close account of the most important civil rights case since Brown v. Board of Education and Loving v. Virginia, and a riveting story of law, justice, and above all else, love. Advance Praise for Redeeming the Dream 'Having argued against Ted Olson in the first of the two Bush v. Gore clashes in the Supreme Court, I wasn't sure what to expect as I watched Ted and my co-counsel for AI Gore, David Boies, take on this profoundly difficult but surpassingly important challenge so soon. Having tried to lay the groundwork in Bowers v. Hardwick, generating dissents that I trusted would prove helpful in the end, I found myself among those wary of the Court's readiness to lead the nation in this morally imperative direction. So I watched breathlessly as Ted and David mounted this audacious challenge. Reading their remarkable memoir so accessibly detailing every step of the journey they pursued together, I not only couldn't put it down but was inspired anew by their unique combination of moral courage and legal brilliance. Sometimes one is brought to tears by the rightness of a cause and the depth of its appeal to the human spirit, sometimes by the sheer genius of the strategy that alone can translate inspiration into implementation. Redeeming the Dream did both. Nobody who cares about law as an instrument of justice at its finest can afford not to read this breathtakingly inspiring book.' Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School 'This is compelling and important American history about one of the defining social and legal issues of the twenty-first century, brought to the courtroom by two of our most gifted lawyers - once political opponents, now joined in a com
Call Number: KF228.H645 B65 2014
Same-Sex Marriage by Tamara Thompson (Editor)On June 26, 2015, the U.S. Supreme Court ruled by a 5 to 4 vote that the Constitution guarantees a right to same-sex marriage. This anthology provides your readers with a complete overview of the debate about same-sex marriage. It contains a diverse collection of writings representing leading conservative, liberal, and centrist views of the issues surrounding the topic. Each chapter presents an important question about the subject, and the opinions that follow are grouped into yes and no categories. By evaluating contrasting opinions, readers can attain an objective knowledge.
Call Number: HQ1034.U5 S24 2015
Speak Now by Kenji YoshinoA renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that stands as the most potent argument for marriage equality Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man. Intellectually rigorous and profoundly compassionate, Speak Now is the definitive account of a landmark civil-rights trial. -- Winner, Stonewall Book Award
In February 2012, a federal appeals court ruled 2–1 against banning same-sex marriage in California, upholding a lower court's ruling. NewsHour correspondents Spencer Michels reports and Gwen Ifill discusses the decision and the next steps with David Boies of the American Foundation for Equal Rights and John Eastman of the National Organization for Marriage. Original broadcast date: February 7, 2012. (10 minutes)
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Articles, essays, and primary sources on the history of the United States.
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Awakening by Nathaniel FrankThe right of same-sex couples to marry provoked decades of intense conflict before it was upheld by the U.S. Supreme Court in 2015. Yet 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. Awakening begins in the 1950s, when millions of gays and lesbians were afraid to come out, let alone fight for equality. Across the social upheavals of the next two decades, a gay rights movement emerged with the rising awareness of the equal dignity of same-sex love. A cadre of LGBTQ lawyers soon began to focus on legal recognition for same-sex couples, if not yet on marriage itself. It was only after being pushed by a small set of committed lawyers and grassroots activists that established movement groups created a successful strategy to win marriage in the courts. Marriage equality proponents then had to win over members of their own LGBTQ community who declined to make marriage a priority, while seeking to rein in others who charged ahead heedless of their carefully laid plans. All the while, they had to fight against virulent antigay opponents and capture the American center by spreading the simple message that love is love, ultimately propelling the LGBTQ community?and America?immeasurably closer to justice.
Publication Date: 2017-04-24
Legalization of Same-Sex Marriage by Kendra VasquezThe issue of same-sex marriage generates debate on both the federal and state levels. Either legislatively or judicially, same-sex marriage is legal in more than a dozen states. Conversely, many states have statutes and/or constitutional amendments limiting marriage to the union of one man and one woman. These state-level variations raise questions about the validity of such unions outside the contracted jurisdiction and have bearing on the distribution of state and/or federal benefits. As federal agencies grappled with the interplay of the Defense of Marriage Act (DOMA) and the distribution of federal marriage-based benefits, questions arose regarding DOMA's constitutionality and the appropriate standard (strict, intermediate, or rational basis) of review to apply to the statute. In United States v. Windsor, the U.S. Supreme Court struck down the federal ban on benefits for legally married same-sex couples. However, the Court indicated that it was taking no position on a state's authority to forbid same-sex marriages. Lower courts have interpreted Windsor broadly and have found such bans to violate equal protection and due process principles. This book provides a legal background after United States v. Windsor. The book provides background on, and analysis of, significant legal issues surrounding the same-sex marriage debate. It provides background on the constitutional principles that are often invoked in attempting to invalidate same-sex marriage bans -- namely, equal protection and due process guarantees. It discusses key cases that led to the existing circuit split on the constitutionality of state same-sex marriage bans. Finally, this book explains the central issues in the circuit split and analyses how the Supreme Court might resolve them on appeal.
Publication Date: 2015-01-01
Same-Sex Marriage by David E. NewtonSame-sex marriage continues to be a polarizing subject in the United States and other parts of the world. This new edition of Same-Sex Marriage: A Reference Handbook brings readers up to date on the status of same-sex unions from social, legal, political, and historical perspectives. According to Pew Research poll data, in 2001, the majority of Americans opposed same-sex marriage--57 percent against, 35 percent in support. As of 2015, a majority of Americans (55 percent) supported same-sex marriage, with 39 percent expressing opposition. The landmark Obergefell v. Hodges case, in which the U.S. Supreme Court held in a 5-4 decision that the fundamental right to marry is guaranteed to same-sex couples, is likely further influencing opinions among U.S. citizens. Still, controversy and heated debate continues to ensue on the social, legal, and political implications of same-sex marriage. The second edition of Same-Sex Marriage: A Reference Handbook presents thorough coverage of recent changes in the legal status of same-sex marriage in the United States as well as essays that provide historical perspectives on same-sex marriage; an extensive, up-to-date bibliography; a collection of primary source documents; a glossary; and a chronology that will serve readers studying the topic. New material includes a detailed discussion of the 2015 Supreme Court of the United States decision as well as coverage of issues that have arisen as a result of the Obergefell case, such as the debate over "religious freedom" and LGBT civil rights legislation. Presents up-to-date coverage of important events in the modern history of same-sex marriage in the United States and other parts of the world as well as public opinion and statistics on same-sex marriage Describes and explains changes in the legal status of same-sex marriage since the U.S. Supreme Court decision on Obergefell v. Hodges in 2015 Outlines potential future directions of the ongoing debate over same-sex marriage Provides an extensive bibliography, a collection of documents, a set of essays, and other resources for extended study of the topic