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Social Parenthood in Comparative Perspective
Investigates social parents – people who function as parents but who may not be recognized as such in the eyes of the law What makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption—the common paths for establishing legal parenthood. In many countries, this person is called a “social parent.” Psychologically, and especially from a child’s point of view, a social p...
Families, Relational Attachments, and the Law of Collaborative Family-Making
This book points to a crisis at the heart of modern family law’s treatment of “collaborative family-making”: gamete contributions, surrogate motherhood, adoption, functional parenthood, foster care, and kin caregiving. Born of inequality and anchored by exclusivity and secrecy, the dominant legal framework governing collaborative family-making focuses on the acquisition of collaborative services by legal and intended parents without expecting or fostering any lasting bonds between them. This acquisitional framework is starkly disconnected from empirical accounts of the lived experience of collaborations, which demonstrate complex and ongoing relational attachments that extend beyond a ...
Global Gender Constitutionalism and Women's Citizenship
Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.
More Than Marriage
Introduces an expansive vision of the family and a brilliant legal arrangement that will protect the lives of millions of adults. Today, about half of all adults are unmarried. Many of those are in significant relationships—some intimate, others based in friendship, finances, or family ties—but the law offers them few protections. Amid the growing recognition that modern families take all shapes, More Than Marriage presents a refreshing vision for the future. With this book, noted family-law expert John G. Culhane takes us on a guided tour of how the march toward marriage equality spun off a number of other legal statuses, and explores how the law has expanded and where it falls short. T...
What Obergefell V. Hodges Should Have Said
Rewriting the Supreme Court's landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how--through legal imagination and political struggle--arguments once dismissed as "off-the-wall" can later become established in American constitutional law.
Special Issue
This volume focusses on Law and the Imagining of Difference with each chapter examining how law responds to the claims of difference, how and when it recognizes difference and accommodates it, as well as when and why such recognition and accommodation is resisted. Topics covered include disability, same-sex marriage and gender equality.
After Marriage Equality
Examines the impact of marriage equality on the future of LGBT rights In persuading the Supreme Court that same-sex couples have a constitutional right to marry, the LGBT rights movement has achieved its most important objective of the last few decades. Throughout its history, the marriage equality movement has been criticized by those who believe marriage rights were a conservative cause overshadowing a host of more important issues. Now that nationwide marriage equality is a reality, everyone who cares about LGBT rights must grapple with how best to promote the interests of sexual and gender identity minorities in a society that permits same-sex couples to marry. This book brings together ...
Orthodox Christians and the Rights Revolution in America
A distinctive and unrivaled examination of North American Eastern Orthodox Christians and their encounter with the rights revolution in a pluralistic American society. From the civil rights movement of the 1950s to the “culture wars” of North America, commentators have identified the partisans bent on pursuing different “rights” claims. When religious identity surfaces as a key determinant in how the pursuit of rights occurs, both “the religious right” and “liberal” believers remain the focus of how each contributes to making rights demands. How Orthodox Christians in North America have navigated the “rights revolution,” however, remains largely unknown. From the disagree...
Marriage Equality
The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . .An essential work.” 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.
Religious Liberty in a Polarized Age
How to heal America’s deep divisions by preserving religious liberty for all As our political and social landscapes polarize along party lines, religious liberty faces threats from both sides. From antidiscrimination commissions targeting conservative Christians to travel bans punishing Muslims, recent litigation has revealed the selective approach both left and right take when it comes to freedom of religion. But what if religious liberty can help cure our political division? Drawing on constitutional law, history, and sociology, Thomas C. Berg shows us how reaffirming religious freedom cultivates the good of individuals and society. After explaining the features of polarization and the societal benefits of diverse religious practices, Berg offers practical counsel on balancing religious freedom against other essential values. Protecting Americans’ ability to live according to their beliefs undergirds a healthy, pluralistic society—and this protection must extend to everyone, not just political allies. Lay readers and legal scholars who are weary of partisan quarreling will find Berg’s case timely and compelling.
