1 University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1997 Should There Be Homosexual Marriage? Is So, Who Should Decide? (reviewing William N. Eskridge, Jr., The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment (1996)) Richard A. Posner Follow this and additional works at: Part of the Law Commons Recommended Citation Richard A. Posner, Should There Be Homosexual Marriage? Is So, Who Should Decide? (reviewing William N. Eskridge, Jr., The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment (1996))," 95 Michigan Law Review 1578 (1997). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
2 SHOULD THERE BE HOMOSEXUAL MARRIAGE? AND IF SO, WHO SHOULD DECIDE? Richard A. Posner* THE CASE FOR SAME-SEX MARRIAGE: FROM SEXUAL LIBERTY TO CIVILIZED COMMITMENT. By William N. Eskridge, Jr. New York: The Free Press Pp $25. Professor Eskridge 1 has established a well-deserved reputation as our leading legal academic specialist on statutory interpretation. Lately, his interests have expanded to take in the legal rights of homosexuals. In The Case for Same-Sex Marriage, he argues that marriage should be permitted between persons of the same sex - and indeed that the Constitution should be interpreted to entitle persons of the same sex to marry. As the title indicates, this is a work of advocacy, but it is not just a book-length brief. It is a work of deep and scrupulous (though not flawless) scholarship - unstrident, unpolemical, and written with extreme lucidity and simplicity so that it is fully accessible to the nonlawyer. Except for the treacly vignette of lesbian love with which the book opens, 2 it is a model of advocacy scholarship. The book argues two cases, not sharply distinguished. The first is the case for legislative reform: state marriage statutes (or their interpretation) should be changed to permit people of the same sex to marry. The argument that Eskridge mounts in favor of such reform is (after a rocky beginning) a powerful one, and it would not trouble me if a state were persuaded by it and adopted such a law. * Chief Judge, United States Court of Appeals for the Seventh Circuit, and Senior Lecturer in Law, University of Chicago. A.B. 1959, Yale; LL.B. 1962, Harvard. - Ed. I thank Lawrence Lessig, Martha Nussbaum, and Cass Sunstein for many very helpful comments on a previous draft. Needless to say, they are not to be taxed with my mistakes and conclusions. I should add here that I use the terms "homosexual marriage" and "same-sex marriage," which I regard as synonymous, interchangeably; Eskridge prefers the latter. 1. Professor, Georgetown University Law Center;, Visiting Professor, Yale Law School. 2. A pretty transparent ploy. Heterosexuals are less troubled by lesbian than malehomosexual relationships, and only partly because the former do not contribute to the spread of AIDS. Heterosexuals are also less troubled by homosexuals who, like Ninia and Genora, the carefully "foregrounded" plaintiffs in the Hawaiian same-sex marriage litigation and "stars" of Eskridge's vignette, are ostentatiously mainstream in everything except sexual orientation. See pp. 1-5; Baehr v. Lewin, 852 P.2d 44 (Haw. 1993), recons. granted in part, 875 P.2d 225 (Haw. 1993), and appeal after remand sub nora. Baehr v. Miike, 910 P.2d 112 (Haw. 1996), on remand, No. Civ , 1996 WL , 65 USLW 2399 (Haw. Cir. Ct. Dec. 3, 1996). 1578
3 Same-Sex Marriage May 1997] 1579 The second case that Eskridge argues is that the courts in the name of the Constitution should force acceptance of same-sex marriage on all the states at once. That case I find unconvincing. Let us see how Eskridge argues these cases (as I say, he does not distinguish sharply between them). He begins, after trying to put us in a receptive mood with the story of Ninia and Genora, with a history of same-sex marriage. The point of the historical account is to show that same-sex marriage is not quite the novelty that most Americans think it is. To show this requires Eskridge to ransack the historical and anthropological record. He doesn't come up with much to advance his case. The fact that Nero "married" a young man, the unfortunate Sporus, after having him castrated (one of Eskridge's examples of the historicity of same-sex marriage) (p. 22), is unlikely to strike many Americans as a happy augury of same-sex marriage; nor is the fact that ritual pederasty in Melanesia is viewed as an initiation into heterosexual marriage (p. 33); nor that "woman marriage," in which a woman assumes the role of husband of another woman (or women), is common in tribal Africa (pp ); nor that in our own country women "passing" as men have sometimes obtained a marriage license and married a man (pp ). Eskridge in this part of the book, chapter 2, is treating practice as normative for us even if it is the practice of a society, such as that of ancient Rome, or Aztec Mexico, many of whose practices are deeply repellent to us (pp ). If whatever has been a common social practice is therefore a moral practice, then infanticide, human sacrifice, cannibalism, and slavery are moral. And homosexual marriage has nowhere been a common practice, even in societies in which homosexuality was common. Eskridge is a careful scholar. But one must always beware a legal advocate doing history or anthropology. Eskridge does not maintain a clear line between homosexual relationships and homosexual marriages, nor between homosexual relationships and nonerotic male bonding, as when he calls Patroclus Achilles' lover, which may have been what Shakespeare thought (see Troilus and Cressida), but is not what Homer says or implies. 3 Eskridge also speculates that because the ancient Mesopotamian legal codes did not prohibit homosexuality yet regulated marriage heavily, maybe same-sex marriage was permitted implicitly. But Illinois decriminalized sodomy more than thirty years ago, yet still does not 3. See K.J. DOVER, GREEK HOMOSEXUALITY (2d ed. 1989). Eskridge at one point does distance himself from John Boswell's heavily criticized view that medieval "enfraternization" rituals were homosexual, p. 223 n.37, but elsewhere he says that "there is some likelihood that the brothers so joined enjoyed relationships of affinity and erotic possibilities." P. 27. I'm not sure what he means by "erotic possibilities." And at times he appears to equate nonerotic "same-sex unions" with homosexual relationships on the theory that what's really important about marriage is companionship, not sex. See, eg., pp. 17, 35.
4 1580 Michigan Law Review [Vol. 95:1578 recognize same-sex marriage. Eskridge's single most questionable historical claim is that we can infer that "same-sex intimacy was common in [ancient] Egypt" from the denunciation of the Egyptian practice of same-sex marriage in Leviticus (p. 19). Nothing is more common than to ascribe sexual abominations to your enemies. Whether there is any accurate history in the early books of the Bible is open to serious doubt, 4 and if there is any, it is unlikely to concern the sexual practices of Egyptians. Eskridge's canvass of historical materials is impressively thorough and has value independent of its advocacy function. But in addition to the mistakes of detail that I have mentioned, the causal inferences that he draws from the historical record are questionable, including his explanation for why, beginning in the thirteenth century under the leadership of the Roman Catholic Church, Western nations became and remain dead set against recognizing homosexual marriage. Eskridge speculates that growing urbanization and the rise of the nation-state rendered homosexuals prominent and threatening (p. 36). But why? Cities traditionally are more tolerant of sexual and other deviance than rural areas; Stadduft macht frei, as the Germans say. And why should a nation feel threatened by homosexuals? I have set forth elsewhere what I believe to be a more persuasive explanation for the historical rise of intolerance of homosexuality in the West. 5 The rise coincided, though only very roughly, with the rise of companionate marriage, marriage in which the spouses are expected to be close companions - ideally, each other's best friends - rather than the woman's being merely the breeder of the man's children. The institution of companionate marriage tends to extrude homosexuals - who can blend invisibly into a system of noncompanionate marriage, where nothing more than occasional sexual relations are expected, but who may be uncomfortable in a companionate relationship with a person of the opposite sex. For the first time they stand out, conspicuously different and therefore a natural object of suspicion and hostility. If this is right, it suggests that Eskridge's examples of same-sex marriage, all of which are drawn from cultures that do not emphasize companionate marriage, have very limited relevance to the case for recognizing same-sex marriage in our society. It does not follow that same-sex marriage should be forbidden, only that history and anthropology do not furnish persuasive precedents for Eskridge's position. Tolerance for homosexual relationships need not imply recognition of homosexual marriage, but intolerance will certainly doom it. 4. See ROBIN LANE Fox, THE UNAUTHORIZED VERSION: TRUTH AND FICrION IN THE BIBLE (1992). Eskridge acknowledges this possibility. P See RicHARD A. POsNER, SEx AND REASON 117, , (1992).
5 Same-Sex Marriage May 1997] 1581 So Eskridge is right to point out at the end of his historicalanthropological chapter that there is increasing tolerance of homosexual relationships in the United States and other Western countries. More and more homosexuals are "out of the closet" and many of them are living openly in long-term homosexual relationships that resemble marriage. A number of ministers and rabbis, and even some Catholic priests, are willing to perform homosexual marriage ceremonies. And Hawaii may be moving toward official recognition of homosexual marriage. 6 The shift in public opinion in favor of a legal change (allowing homosexual marriage) that would have seemed completely unthinkable just a few years ago is as yet slight, but not so slight as to render Eskridge's project quixotic. He has more than Nero to build on. Chapter Three of the book seems at first glance sectarian, at least to a heterosexual reader, for it is entitled "The Debate Within the Lesbian and Gay Community." Eskridge no doubt believes that unless homosexuals present a united front on the issue of homosexual marriage, heterosexuals will be disinclined to support it. Yet an argument for why homosexuals should support homosexual marriage might be an argument for why heterosexuals should oppose it. Eskridge points out that with an increasing fraction of a worker's income comprised of fringe benefits that often are available to the worker's spouse, the pecuniary advantages of marriage have increased, especially (he might have added) the pecuniary advantages of childless marriage, as children have become extremely expensive to raise. But what is a benefit to the homosexual is a cost to the society as a whole, if we assume that the employer cannot (and he cannot, for practical as well as legal reasons), through an adjustment of wages or other means, make each worker pay for his or her own fringe benefits. But because there are so many more heterosexuals than homosexuals - Eskridge does not repeat the ridiculous overestimate of homosexuals as constituting ten percent of the population 7 - and because a much smaller fraction of homosexuals than of heterosexuals will marry, the costs of homosexual marriage to the heterosexual community, certainly on a per capita basis, would be small. Access to spousal fringe benefits is one of fifteen significant marital rights that Eskridge discusses (pp ), and he makes a strong case that the denial of these rights to homosexual couples imposes arbitrary and unfair hardships on homosexuals. A notable example is that 6. See Baehr, 852 P.2d at Three percent is the highest responsible estimate of the percentage of the sexually mature population that has a predominantly homosexual orientation. See PosmR, supra note 5, at ; RICaARD A. POSNEmR, OVERCOMING LAW 555 & n.6 (1995).
6 1582 Michigan Law Review [Vol. 95:1578 [u]nder federal law a noncitizen is privileged to enter the United States and ultimately to become a citizen if she or he marries an American citizen. This is an enormous benefit of marriage in our transnational world. Same-sex couples denied this benefit often must go to great lengths just to be together. [p. 68] Eskridge notes the informational value of the marriage option - because marriage is costly to get out of, willingness to marry is a signal of commitment - and also, of course, the hope that homosexual marriage would curb male homosexual promiscuity, a major factor in the spread of AIDS. 8 Eskridge points to survey data that indicate that most homosexuals, both male and female, would like to marry a person of their own sex (pp ). And he rightly is impatient with leftwingers' denunciations of marriage as a "patriarchal" institution, denunciations that in any event have little pertinence to a marriage between persons of the same sex (pp ). It is the very conservatism of marriage as an institution that should attract support for homosexual marriage from conservative heterosexuals, desirous of "civilizing," of embourgeoising, the homosexual community - turning homosexuals into the Republicans they ought to be. 9 Homosexuals, especially male homosexuals, tend to be at once affluent 10 and childless, so they should be natural supporters of limited government. Eskridge further argues that without the right to marry persons of the same sex, homosexuals will not enjoy full legal equality with heterosexuals. This inequality is the main reason he rejects the compromise of allowing homosexuals to enter into "domestic partnerships" that would confer on the partners all or most of the legal and financial advantages of marriage - without the word. His point about formal equality is not entirely correct. There is no legal barrier to homosexuals' marrying persons of the opposite sex; in this respect there is already perfect formal equality between homosexuals and heterosexuals. But he is right that the practical effect of 8. I have argued elsewhere that AIDS provides a reason for recognizing homosexual marriage, see TOMAS J. PHIuipsoN & RICHARD A. POSNER, PRIVATE CHOICES AN PUBLIC HEALTH: Tim AIDS EpmmIc IN AN ECONOMIC PERSPECrIVE (1993), but the more I think about the matter the less confident I am. Because males are more promiscuous than females (see, for example, the evidence discussed in POSNER, supra note 5, at 91-96), male homosexual marriage is likely to be a good deal more "open" than heterosexual marriage. A married homosexual couple would be more likely to eschew safe sex than the unmarried, since insistence on safe sex by either spouse would bespeak mistrust of the other. If homosexual marriage thus reduced safe sex, AIDS might rise. 9. Similar reasoning led Thomas Grey to predict, ingeniously although incorrectly, that the Supreme Court would invalidate the laws criminalizing homosexual sodomy. See Thomas C. Grey, Eros, Civilization and the Burger Court, LAW & CONTEMP. PROBS., Summer 1980, at 83, This is widely believed, though hard evidence is lacking. See POSNER, supra note 5, at ; POSNER, OVERCOMING LAW, supra note 7, at
7 May 1997] Same-Sex Marriage 1583 the law's refusal to recognize homosexual marriage is to exclude many homosexuals from a fundamental social institution. He calls this" refusal "the most blatant evidence that gay and lesbian citizens must sit in the back of the law bus, paying for a first-class ticket and receiving second-class service" (p. 65). But that of course is where many heterosexuals want homosexuals to be. The principal opposition to homosexual marriage comes from people who believe that for the state to recognize such marriage would be to place a stamp of official approval on homosexuality. Eskridge discusses this objection at length, but I do not think he refutes it. He points out correctly that since rapists and child molesters, along with "transvestites, bisexuals, and other gender benders can obtain marriage licenses, usually without any fuss," it cannot be that giving a homosexual couple a marriage license would connote official approval of homosexuality (p. 105). But there is a difference between approving a form of union and approving particular individuals who are utilizing that form. Obviously the fact that a man wearing a dress can marry a woman wearing a suit, or a rapist his victim, does not entail that the state must allow a man to marry three women at once, or his cat, or his sports car. Eskridge also argues that some same-sex marriages would be just as good in terms of love, compatibility, mutual support, and other dimensions of a mutually beneficial human relationship as many conventional marriages. I would accept this claim even without the survey evidence that Eskridge cites, but again it does not meet the objection of people who do not want the state to be seen as placing a stamp of approval on homosexuality. Their objection is based on two beliefs, one of which I believe to be correct (though Eskridge does not), the other of which I believe (along with Eskridge) to be incorrect, though many people disagree. The first belief is that it is a disadvantage to be homosexual, regardless of whether the society is tolerant or intolerant of homosexuals. The more intolerant, the greater the disadvantage; but some disadvantage would remain even if the remaining legal disabilities were removed. 11 The second belief, the wrong one, is that homosexuality is a choice, one that can be influenced by law and public opinion. The evidence is very strong that homosexual orientation is genetic.' 2 It can be "overcome" in the sense that most homosexuals are capable not only of refraining from homosexual activity if the perceived costs are prohibitive but also of engaging in heterosexual sex and "passing" as heterosexual; but the psychological costs of either strategy are very high. If this is right, and if we 11. See PosNm, supra note 5, at The main disadvantage, of course, is that two persons of the same sex cannot both be the biological parents of the same child. 12. See PosNE, supra note 7, at 572 n25.
8 Michigan Law Review [Vol. 95:1578 define a "homosexual" as a person who has a homosexual orientation rather than as a person of heterosexual orientation who may happen to have engaged in homosexual activity on occasion, then the number of homosexuals is essentially invariant to public policy. If so, and if the concern about same-sex marriage is that by placing its imprimatur on homosexuality the state would encourage some teenagers to adopt a homosexual orientation (something parents worry about), there is little point in immiserating homosexuals in order to maintain a posture of official disapproval of homosexual activity. I do think (Eskridge is vague about this) that homosexual couples ought not be granted the identical rights of adoption as heterosexual couples without further study of the effects of such adoption - not on the sexual orientation of the child, which I believe to be invariant to the adoptive parents' orientation as to other environmental factors, but on the child's welfare in the broadest sense. Apart from this reservation, I find Eskridge's argument for recognizing homosexual marriage quite persuasive - but only as an argument addressed to a state legislature. His arguments for recognizing a federal constitutional right to same-sex marriage, which are pressed in the last two chapters of the book, are unconvincing. They are good lawyers' arguments - cleverly distinguishing same-sex marriage from polygamous and incestuous marriage; building bridges from the Supreme Court's decisions striking down state laws against interracial marriage and allowing prisoners to marry (marry, but not have sex - so Bowers v. Hardwick, 13 in allowing states to forbid homosexual sex, should not be taken as authority for not allowing homosexuals to marry!); speculating that "[a]s women made gains in politics and the marketplace, middleclass anxiety about gender and the family was displaced onto another object: the homosexual" (p. 168) (thus grounding opposition to homosexual marriage as a form of hostility to sexual equality); and, of course, balancing the benefits of homosexual marriage against the costs to important state interests and finding that the former predominate. There is nothing wrong with these arguments, except - a crucial except, however - the tacit assumption that the methods of legal casuistry are an adequate basis for compelling every state in the United States to adopt a radical social policy that is deeply offensive to the vast majority of its citizens and that exists in no other country of the world, and to do so at the behest of an educated, articulate, and increasingly politically effective minority that is seeking to bypass the normal political process for no better reason than impatience, albeit an understandable impatience. (Americans U.S. 186 (1986).
9 May 197] Same-Sex Marriage 1585 are an impatient people.) A decision by the Supreme Court holding that the Constitution entitles people to marry others of the same sex would be far more radical than any of the decisions cited by Eskridge. Its moorings in text, precedent, public policy, and public opinion would be too tenuous to rally even minimum public support. It would be an unprecedented example of judicial immodesty. That well-worn epithet "usurpative" would finally fit. I do not mean to sound unduly cynical about legal reasoning, so deftly deployed by Eskridge. It is not just the bag of lawyers' tricks. It employs methods of argument that since Aristotle have been accepted as useful tools for guiding judgment in areas where exact logical or scientific methods are unusable and public policy toward homosexuality is one of those areas. But it is a mistake to suppose that legal reasoning alone can underwrite so profound a change in public policy as Eskridge envisages. No nation in the world, no state of the United States with the uncertain and incipient exception of Hawaii (by no means a typical state, in any event), recognizes homosexual marriage and equates it to heterosexual marriage. An overwhelming majority of the American people are strongly opposed to it; even the homosexual community is divided over it (hence chapter 3 of Eskridge's book). A complex and by no means airtight line of argument would be necessary plausibly to derive a right to homosexual marriage from the text of the Constitution and the cases interpreting that text - a tightrope act that without a net constituted by some support in public opinion is too perilous for the courts to attempt. Public opinion may change - Eskridge's book may help it change - but at present it is too firmly against samesex marriage for the courts to act. This is not to say that courts should refuse to recognize a constitutional right merely because to do so would make them unpopular. Constitutional rights are, after all, rights against the democratic majority. But public opinion is not irrelevant to the task of deciding whether a constitutional right exists. When judges are asked to recognize a new constitutional right, they have to do a lot more than simply consult the text of the Constitution and the cases dealing with analogous constitutional issues. If it is truly a new right, as a right to same-sex marriage would be, text and precedent are not going to dictate the judges' conclusion. They will have to go beyond the technical legal materials of decision and consider moral, political, empirical, prudential, and institutional issues, including the public acceptability of a decision recognizing the new right. Reasonable considerations also include the feasibility and desirability of allowing the matter to simmer for a while before the heavy artillery of constitutional rightsmaking is trundled out. Let a state legislature or activist (but elected, and hence democratically
10 1586 Michigan Law Review [Vol. 95:1578 responsive) state court adopt homosexual marriage as a policy in one state, 14 and let the rest of the country learn from the results of its experiment. That is the democratic way, and there is no compelling reason to supersede it merely because intellectually sophisticated people of secular inclination will find Eskridge's argument for same-sex marriage convincing. Sophisticates aren't always right (the scientific evidence that sexual orientation is invariant to environmental factors including toleration is strong but not conclusive), and judges must accord considerable respect to the deeply held views of the democratic majority. When the Supreme Court moved against public school segregation, it was bucking a regional majority but a national minority (white southerners). 15 When it outlawed the laws forbidding racially mixed marriages, 16 only a minority of states had such laws on their books. Only when all but two states had repealed their laws forbidding the use of contraceptives even by married couples did the Supreme Court invalidate the remaining laws. 17 It created a right of abortion against a background of a rapid increase in the number of lawful abortions.' 8 Were the Court to recognize a right to same-sex marriage today, it would be taking on almost the whole nation. Many constitutional theorists would say, with Ronald Dworkin, that the task of the courts should be to do what is right, regardless of the consequences, or at least that the theorist should say what is right even if he then advises the judges to duck the issue because it is too hot. I do not myself see a sharp line in constitutional law between what is right and what is acceptable. The judiciary is not a debating society. If most parents fear that recognizing same-sex marriage may distort the sexual development of their children or (otherwise) undermine the family, this is a datum that bears on a judgment whether the Constitution should be interpreted to override the refusal of the states to authorize same-sex marriage. Similarly, if no other country in the world authorizes such a thing, this is 14. I recognize the possibility that the Full Faith and Credit Clause, U.S. CONST. art. IV, 1, may make it difficult to confine the experiment to one state as homosexuals from other states flock in to get married there. It is only a possibility. The clause is applicable only to judgments, and marriage may not be a judgment. Moreover, states have not been required, under traditional conflicts of law principles that are available to inform interpretation of the Full Faith and Credit Clause, to recognize marriages that deeply offend their own public policies - polygamous marriages are a common example - provided that the state has a significant territorial connection to the parties to the marriage. But whatever difficulty the Full Faith and Credit Clause poses for experimenting at the state level with same-sex marriage, it hardly argues for immediate nationalization of the issue by the Supreme Court's recognizing a federal constitutional right to enter into such a marriage. 15. See Brown v. Board of Educ., 347 U.S. 483 (1954). 16. See Loving v. Virginia, 388 U.S. 1 (1967). 17. See Griswold v. Connecticut, 381 U.S. 479 (1965). 18. See GERALD N. ROSENBERG, Tim HoLLow HOPE: CAN COURTS BRINO ABOUT SOCIAL CHANGE? 179 (1991).
11 May 1997] Same-Sex Marriage 1587 a datum that should give pause to a court inclined to legislate in the name of the, Constitution. One would have to have more confidence in the power of reason than I do to decide novel issues of constitutional law that lie well removed from the constitutional text and history to be willing to ignore what the people affected by the issues think about them. It thus is to me a significant weakness of Eskridge's book that it does not examine the pragmatic objections to constitutionalizing the question of same-sex marriage. He wants the courts in the name of the Constitution to require every state and the federal government, at a stroke, tomorrow if possible, to confer all fifteen perquisites of the married state on parties to homosexual marriage, including full rights of adoption, plus the symbolic crown - the name "marriage." The country is not ready for Eskridge's proposal, and this must give pause to any impulse within an unelected judiciary to impose it on the country in the name of the Constitution.
Farzad Family Law Scholarship 2014 Should the right to marry for same-sex couples become a federal constitutional right by amendment to the United States Constitution or remain a State issue? The United
THE FIELD POLL THE INDEPENDENT AND NON-PARTISAN SURVEY OF PUBLIC OPINION ESTABLISHED IN 1947 AS THE CALIFORNIA POLL BY MERVIN FIELD Field Research Corporation 601 California Street, Suite 900 San Francisco,
IN RE MARRIAGE CASES (California): 2008 These cases present the issue of the legality of gay marriage bans, in the context of previous State domestic partnership (CA) or civil union (CT) Statutes, under
Rev. Rul. 2013-17 ISSUES 1. Whether, for Federal tax purposes, the terms spouse, husband and wife, husband, and wife include an individual married to a person of the same sex, if the individuals are lawfully
Homily for 4 th Sunday Easter, UW Newman, 04-29-12 The Good Shepherd is always seeking out his lost sheep. Our Lord says, I have other sheep that do not belong to this fold. These also I must lead, and
CHILD PLACING AGENCY RELIG. CONFLICT H.B. 4188 (H-2), 4189, & 4190: ANALYSIS AS REPORTED FROM COMMITTEE House Bill 4188 (Substitute H-2 as reported without amendment) House Bills 4189 and 4190 (as reported
The 14 th Amendment and Same-Sex Marriage Do laws and constitutions that prohibit same-sex marriage violate the 14 th Amendment? Marriage is more than just a union between two people who love each other
Moral Issues and Catholic Values: The California Vote in 2008 Proposition 8 October 2008 How the Survey Was Conducted Moral Issues and Catholic Values: The California Vote in 2008 Proposition 8 reports
Supplementary Submission to the Human Rights and Equal Opportunity Commission Same-Sex: Same Entitlements Australian Lawyers for Human Rights Inc (ALHR) is a national network of Australian lawyers active
The Call to Marriage is Woven Deeply into the Human Spirit: A Message on Marriage from the Catholic Bishops of New Jersey God who created man and woman out of love also calls him to love the fundamental
Why is same-sex marriage important? The Equality Network is strongly of the opinion that the law should allow same-sex marriages, and, more generally, that marriage should be available to couples regardless
Michael Bailey 1 Shifting Sensibilities: Attitudes toward Same-sex Marriage, Past, Present and Future America is a large, diverse country with some three-hundred twenty million people. With that many people
1 Same-Sex Marriage: Breeding Ground for Logical Fallacies One cannot offer any disagreement that same-sex marriage has gained a great deal of publicity in the recent years. While the issue played a large
EQUAL MARRIAGE RIGHTS FOR SAME-SEX COUPLES [Voted by the Directorate of the UCC Office for Church in Society, November 16, 1996 1 ] Background Ideas about marriage have shifted and changed dramatically
Goodridge, et al. v. Department of Public Health, State of Massachusetts 440 Mass. 309 (2003) (Abridged by Instructor) MARSHALL, C.J. Marriage is a vital social institution. The exclusive commitment of
GIBBS LAW FIRM, P.A. 5666 SEMINOLE BOULEVARD, SUITE TWO TELEPHONE: (727) 399-8300 SEMINOLE, FLORIDA 33772 FACSIMILE: (727) 398-3907 January 4, 2011 VIA EMAIL firstname.lastname@example.org Mr. Kevin McCoy West Virginia
Position Paper on Adoption Law Reform March 2013 Department of Health and Human Services Introduction What is adoption? Adoption is the legal process which permanently transfers all the legal rights and
MARRIAGE FOR SAME-SEX COUPLES IN CALIFORNIA Frequently Asked Questions Last Updated: July 9, 2015 NOTE: This document is intended to provide information for same-sex couples who are considering getting
Sexual Orientation In inclusive organizations, individuals who are gay, lesbian, bisexual and transgender are able to be themselves, without fear of discrimination or recrimination. They bring their full
Opinion Poll Missouri Small Businesses Support Workplace Nondiscrimination Policies June 4, 2013 Small Business Majority 1101 14 th Street, NW, Suite 1001 Washington, DC 20005 (202) 828-8357 www.smallbusinessmajority.org
PUBLIC DIVIDED ABOUT DEFINITION OF MARRIAGE Results Of A Public Opinion Poll On Same-Sex Marriage September 5, 2003 Methodology Nationally representative survey of 1,015 Canadian adults, aged 18 and over.
THE FIELD POLL THE INDEPENDENT AND NON-PARTISAN SURVEY OF PUBLIC OPINION ESTABLISHED IN 1947 AS THE CALIFORNIA POLL BY MERVIN FIELD Field Research Corporation 601 California Street, Suite 900 San Francisco,
Getting It Straight What the Research Shows about Homosexuality Peter Sprigg and Timothy Dailey, Co-Editors Getting It Straight: What the Research Shows about Homosexuality ISBN 1-55872-009-X 2004 by Family
Marriage (Same Sex Couples) Act: A factsheet Marriage is a hugely important institution in this country. The principles of long-term commitment and responsibility which underpin it bind society together
NCA s Monthly Teleconference Series CARD Calls: Communicating About Research and Professional Development Defining Marriage in California: An Analysis of Public & Technical Argument Featured Speaker: Edward
Bridging the Common Law Civil Law Divide in Arbitration by SIEGFRIED H. ELSING * AND JOHN M. TOWNSEND * * INTERNATIONAL ARBITRATION has evolved as a system for resolving disputes among parties from different
Module 5: Sex: Sodomy and Gay Marriage Introduction Perhaps none of the topics discussed in this course has received as much attention in the early years of this century as those associated with homosexuality.
Landmark Case Overview: Same Sex Marriage Rights Halpern et al v. Attorney General of Canada et al Synopsis prepared by the Ontario Court of Appeal From April 22 to 25, 2003, a panel of the Court of Appeal
SAME SEX PARTNER ABUSE DR GINNA BABCOCK INTRODUCTION LGBT populations vulnerable to marginalization and devaluation in society LGBT same-sex relationships fall within the category of intimate partnerships
Grace Place Position Paper Regarding Marriage, Divorce and Remarriage INTRODUCTION The practice of divorce is on the increase. In 1900 one marriage in twelve ended in divorce; by 1925 it was one out of
FREQUENTLY ASKED QUESTIONS FROM COUPLES WHO ARE CONSIDERING GETTING MARRIED IN SAN FRANCISCO On February 12, 2004, the county clerk in San Francisco began issuing marriage licenses to same-sex couples,
SAME-SEX ADOPTION LAWS BY STATE The issue of adoption by same-sex couples has moved to the forefront in recent years. Liberty Counsel was instrumental in upholding the constitutionality of Florida s ban
ATR/90:3 Beyond: A Response to Richard Norris Dale B. Martin I knew and respected Richard Norris in his role as a great patristics scholar and historian of early Christianity, especially on topics of doctrine.
In Support of Equal Marriage Rights for All [Adopted at the Twenty-fifth General Synod of the United Church of Christ on July 4, 2005] Beloved, let us love one another, because love is from God; everyone
MARRIAGE vs. REGISTERED PARTNERSHIP: FULL EQUALITY OR SEGREGATION FOR SAME-SEX COUPLES? Robert Wintemute, Professor of Human Rights Law, King's College London "Against Sexual Apartheid: A ceremonial act
14 Vesey Street New York, NY 10007-2992 (212) 267-6646 www.nycla.org WRITTEN TESTIMONY PRESENTED BY THE NEW YORK COUNTY LAWYERS ASSOCIATION MATRIMONIAL LAW SECTION AT THE PUBLIC HEARING ON NO-FAULT DIVORCE
Session 8 Smith, Is There A Prima Facie Obligation to Obey the Law? Identifying the Question Not: Does the fact that some act is against the law provide us with a reason to believe (i.e. evidence) that
Legal Guidance for Life Ray Prather email@example.com / Dan Ebner firstname.lastname@example.org / Landon Perkinson email@example.com The Monadnock Building, 53 West Jackson Boulevard, Suite 1025, Chicago,
Premarital Counseling Survey This survey is designed to help the counselor understand who you are, where you re at in your current relationship, and how you view love and marriage. You may find some of
Jonathan T. Dillon Professor Andrew Strombeck English 3060-02 April 4, 2013 The Character Assassination of Jordan Baker in The Great Gatsby Within literary circles, Jordan Baker's sexuality in The Great
Slavery Should Not Be Allowed to Spread (1858) Abraham Lincoln (1809-1865) Abraham Lincoln's election to the presidency in 1860 was due in part to the national prominence he gained while campaigning unsuccessfully
Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality
Feminism and the Same-sex Marriage Debate Author: Feargha Ní Bhroin April 2009 This paper surveys some of the major arguments within the feminist movement in the debate on same-sex marriage. It asserts
II BEING A COUPLE 0 Introduction Everyone creates his/her identity through various group affiliations (family, workplace, philosophy or religion, couple etc.). Examining the socio-cultural dimensions that
Promoting Civil Unions to Undermine Marriage "A statement from the Catholic Conference of Illinois, representing the six dioceses of the Province of Chicago" Promoting Civil Unions Civil to Unions Undermine
FAQ EDUCATION What education will be required for Soldiers and their families when repeal occurs? Soldiers will be informed of the change in policy and expectations for behavior. Members involved in certain
Michael Lacewing Mill s harm principle THE PRINCIPLE In On Liberty, Mill argues for one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of
Rome Workshop Cooperation between state officials and NGOs I understand that participants are expecting to engage in this workshop, so I do not intend to speak initially for very long. l will briefly introduce
Gay Marriage In many countries around the world have talked about gay marriage a long time, but it is hard to make a decision whether gay marriage should be legal. There are some reasons why some people
Justice Committee Legal Services (Scotland) Bill Written submission from Professor Alan Paterson Memorandum of Evidence to the Justice Committee from Professor Alan Paterson, Centre for Professional Legal
Legislative Brief Supreme Court Strikes Down DOMA, Clears Way for Same-Sex Marriage in California On June 26, 2013, the U.S. Supreme Court announced decisions in two significant cases regarding laws affecting
North American Association of Christians in Social Work (NACSW) PO Box 121; Botsford, CT 06404 *** Phone/Fax (tollfree): 888.426.4712 Email: firstname.lastname@example.org *** Website: http://www.nacsw.org A Vital Christian
To Wed or Not to Wed By barbara findlay, Q.C. Do you know what it means to be married (legally speaking, that is)? What are the differences in rights and responsibilities between two people living together
You can find the latest version of this guidance on our website at www.gmc-uk.org/guidance. Published 25 March 2013 Comes into effect 22 April 2013 Personal beliefs and medical practice 1 In Good medical
TUV Response to Gay Marriage consultation Traditional Unionist Voice is a Unionist political party which has representation in the Northern Ireland Assembly and at local government level in the Province.
UNITED STATES v. VIRGINIA (1996) BACKGROUND The Virginia Military Institute, founded in 1839, was (until 1996) the only single-sex public college in Virginia. Enrollment: ~1300. VMI s aim is to produce
Chapter 4: Same Sex Marriage and the First Amendment By Robert Brandon Anderson, Research Director Ages of experience have taught us that the commitment of a husband and wife to love and to serve one another
Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage,
This is a publication of the Netherlands Ministry of Foreign Affairs FAQ Same-sex marriage 2010 1 1. Same-sex marriage 2. Alternative types of partnership 3. Conversion 4. Recognition abroad 5. Non-Dutch
Business Law 210: Unit 1 Chapter 1: Introduction to Law and Legal Reasoning Law and the Legal Environment of Business [Professor Scott Bergstedt] Slide #: 1 Slide Title: Slide 1 Business Law 210 [Image
COMMON SENSE AND KEY QUESTIONS Stuart Minor Benjamin In the net neutrality proceeding at the FCC and in Verizon v. FCC, 1 Internet access service providers contended that the First Amendment applied to
Marriage and the State Lesson Plan Student Objectives Understand the role of the state in regulating the institution of marriage and the rights and responsibilities of married people. Learn about the ancient
Study Guide for Aquinas for Armchair Theologians by Timothy M. Renick Thomas Aquinas is viewed as the very embodiment of the medieval, monastic scholar. We picture him cloistered away in a dark, cold room,
Peter A. Brown, Assistant Director, (203) 535-6203 Tim Malloy, Assistant Director (203) 645-8043 Rubenstein Associates, Inc., Public Relations Pat Smith (212) 843-8026 FOR RELEASE: JULY 23, 2015 COLORADO,
Kathy I. Zatari NATIONAL LAWYERS GUILD - CENTRAL ARIZONA CHAPTER P.O. Box 8172 Scottsdale, Arizona 85252 (602) 714-8517 email@example.com IN THE SUPREME COURT STATE OF ARIZONA PETITION TO AMEND ER 8.4,
September 24, 2010 Suzanne B. Goldberg Columbia Law School Remarks for the International Conference on the Protection of Women s Rights Women s Rights: Issues for the Coming Decades I am delighted to be
Fourth Quarter, 2006 Vol. 29, No. 4 Editor s Watch Sandel and Nagel on Abortion Last May, philosopher Thomas Nagel reviewed a book by Michael Sandel titled Public Philosophy in The New York Review of Books.
Transgender Family Law in the U.S.: A fact sheet for transgender spouses, partners, parents, and youth MARRIAGE, CIVIL UNIONS, AND REGISTERED DOMESTIC PARTNERSHIPS For transgender people, determining whether
OVERVIEW OF THE EQUALITY ACT 2010 1. Context A new Equality Act came into force on 1 October 2010. The Equality Act brings together over 116 separate pieces of legislation into one single Act. Combined,
Updated 24 June 2009 COMMITTEE ON CULTURE, SCIENCE AND EDUCATION Hearing on Islam, Islamism and Islamophobia in Europe Rapporteur: Mr Mogens Jensen, Denmark, Socialist Group Copenhagen, Tuesday, 8 September
Cite as: 577 U. S. (2016) 1 SUPREME COURT OF THE UNITED STATES V. L. v. E. L., ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF ALABAMA PER CURIAM. No. 15 648 Decided March 7, 2016 A Georgia
DEPARTMENT OF JUSTICE Statement of Christine A. Varney Assistant Attorney General Antitrust Division U.S. Department of Justice Before the Committee on the Judiciary United States Senate Hearing on Prohibiting
Federal Income Tax Spring 2016 Professor O Reilly Initial Assignment for Tuesday, January 12th, please read Notes on the Federal Income Tax Course & complete Problem Set One. Notes on the Federal Income
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 00 H HOUSE BILL Short Title: Covenant Marriage Act of 00/Funds. Sponsors: Representative Capps. Referred to: Judiciary I, if favorable, Appropriations. May, 00
Brought to you by Alamo Insurance Group Supreme Court Strikes Down DOMA, Clears Way for Same-Sex On June 26, 2013, the U.S. Supreme Court announced decisions in two significant cases regarding laws affecting
Equality with Human Rights Analysis Toolkit The Equality Act 2010 and Human Rights Act 1998 require us to consider the impact of our policies and practices in respect of equality and human rights. We should
Lake James H. Perriguey, OSB No. 983213 firstname.lastname@example.org LAW WORKS LLC 1906 SW Madison Street Portland, OR 97205-1718 Telephone: (503) 227-1928 Facsimile: (503) 334-2340 Lea Ann Easton, OSB No. 881413
Friday, August 29, 2008 TRIAL ADVOCACY The Art of Jury Selection: Working With Challenges Ben Rubinowitz and Evan Torgan It has been said that the purpose of jury selection is to select a 'fair and impartial'
NEW LAW REFORM PROPOSALS ON DIVORCE Dianne Hubbard, Gender Research & Advocacy Project Legal Assistance Centre, 2005 The Law Reform and Development Commission (LRDC) recently released proposals for law
THE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion 2009-02 (March 2009) The inquirer deposed an 18 year old woman (the witness ). The witness is not a party to the litigation, nor