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Same-Sex Unions
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Blessing Same-Sex Unions
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 i...
Marriage and Civil Partnership: ‘separate but equal’ or unacceptable discrimination?
The beginning of the twenty-first century has seen the dramatic opening of the institution of marriage to same-sex couples, within certain few countries in Europe and North America. This wave of liberal reform of marriage began with the Netherlands in 2001 and spread quickly to other European countries such as Belgium (2003), Spain (2005), Norway (2009), Portugal (2009), and Iceland (2009). However not all European countries have chosen to legislate in favour of same-sex marriage, as many jurisdictions have opted for an alternative model for relationship recognition such as civil union or partnerships. However in the case of the United Kingdom, does the existence of two institutions that are solely exclusive upon sexuality create unfair discrimination?This book examines this question and puts forward the moral and legal debate that exists on this topical area. This is done while examining the theoretical argument that may be challenged under the European convention on Human Rights.
Same-Sex Unions in Premodern Europe
Both highly praised and intensely controversial, this brilliant book produces dramatic evidence that at one time the Catholic and Eastern Orthodox churches not only sanctioned unions between partners of the same sex, but sanctified them--in ceremonies strikingly similar to heterosexual marriage ceremonies.
Equality for Same-Sex Couples
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.
Marriage and Health
Evidence shows that married couples have better overall health than unmarried people. Scholars and policy makers contend that same-sex marriage provide similar benefits as well. Marriage and Health represents the forefront of marriage and health research on same-sex couples. This collection of essays presents new perspectives that address the challenges faced by same-sex couples in multiple domains of well-being.
On Same-Sex Marriage, Civil Unions, and the Rule of Law
The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner. Discussing the constitutional implications of civil unions with a special focus on how they might be treated in the interstate context, Strasser explains how the courts and commentators have reworked and significantly weakened a variety of constitutional protections in their attempts to establish that same-sex couples are not afforded constitutional protections. He further suggests that the constitutional protections for religion support rather than undermine the constitutional protection of same-sex unions.
Family Law
What is a family? What makes someone a parent? What rights should children have? In this Very Short Introduction Jonathan Herring provides an insight not only into what the law is, but why it is the way it is. It also looks at the future to consider what families will look like in the years ahead, and what new dilemmas the courts may face.
Debating Same-Sex Marriage
Polls and election results show Americans sharply divided on same-sex marriage, and the controversy is unlikely to subside anytime soon. Debating Same-Sex Marriage provides an indispensable roadmap to the ongoing debate. Taking a "point/counterpoint" approach, John Corvino (a philosopher and prominent gay advocate) and Maggie Gallagher (a nationally syndicated columnist and co-founder of the National Organization for Marriage) explore fundamental questions: What is marriage for? Is sexual difference essential to it? Why does the government sanction it? What are the implications of same-sex marriage for children's welfare, for religious freedom, and for our understanding of marriage itself? While the authors disagree on many points, they share the following conviction: Because marriage is a vital public institution, this issue deserves a comprehensive, rigorous, thoughtful debate.
Islamic Law and Muslim Same-Sex Unions
This book is written with the objective of reasonably addressing the need of Muslim gays and lesbians for a life which involves intimacy, affection and companionship within the confines of a legal contract. Contemporary conservative Muslim leaders unreasonably promote false marriages with straight spouses, failing which they prescribe the “solution” of permanent celibacy as a “test.” This book delves into an extensive scholarship on the same sources that conservative Muslim leaders draw on—the Qur’an, Hadith and jurisprudence. It is argued that the primary sources of Muslim knowledge addressed sexual acts between the same gender in the context of inhospitality, exploitation, coercion and disease, but not true same-sex unions; past Muslim scholarship is silent on the issue of sexual orientation and Muslim same-sex unions. The arguments of contemporary conservative Muslim leaders are deconstructed and the case for Muslim same-sex unions is made based on jurisprudential principles and thorough arguments from within the Muslim tradition.
