Same-Sex Marriage

Same-Sex Marriage: The Moral and Legal Debate

Robert M. Baird &
Stuart E. Rosenbaum (Eds.)

1997, Prometheus Books

242 Pages


From the Cover

On December 3, 1996, Circuit Court Judge Kevin Chang ruled in Baehr v. Miike that the state of Hawaii may not forbid same-sex marriage. This landmark decision, arguing that gay and lesbian couples should have access to the same marriage rights traditionally enjoyed by heterosexuals, gave new visibility to an already emotionally charged issue that had been argued in and out of state legislatures for years. The Baehr decision became a lightning rod in the national debate over same-sex marriage, and prompted the U.S. Congress to pass the Defense of Marriage Act, signed by President Clinton in 1996, which denies federal benefits to same-sex couples and permits states not to recognize gay and lesbian marriages performed in other states.

The issue of same-sex marriage has attracted the attention of many political and cultural interests. Same-Sex Marriage: The Moral and Legal Debate presents a balanced sampling of diverse and cogent arguments by academics, politicians, journalists, attorneys, judges, and activists. The perspectives range from the views of lesbian feminists, who decry the institution of marriage as an instrument of oppression, to those of religious and cultural conservatives, who see same-sex marriage as the fatal undermining of traditional family structure and even of Western civilization itself.

Same-Sex Marriage is divided into four parts: The first contains the text of the Defense of Marriage Act, with responses by Sen. Henry A. Waxman (in opposition) and Sen. Jesse Helms (in support). Part Two, "The Emotional Dimensions of the Debate," explores the more personal and occasionally visceral ways this issue affects individuals in such sensitive areas as traditional gender roles, "coming out" to friends and families, employment benefits, and hospital visitations rights. Part Three, "The Philosophical Arguments," focuses on the reasons frequently given to justify the various philosophical, cultural, political, and social perspectives held by advocates on both sides of the debate. Part Four, "The Hawaii Case," presents the relevant material to date, including the report of the Hawaii Commission on Sexual Orientation and the Law.

Table of Contents

PART ONE - THE DEFENSE OF MARRIAGE ACT

1 The Text
2 The Hon. Henry A. Waxman: In Opposition
3 The Hon. Jesse Helms: In Support

PART TWO - THE EMOTIONAL DIMENSIONS OF THE DEBATE

4 A (Personal) Essay on Same-Sex Marriage - Barbara J. Cox
5 Adam and Eve, not Adam and Henry - Jeffrey Hart
6 A Lesbian Family - Lindsy Van Gelder
7 I Left My Husband for the Woman I Love - Jane Doe
8 Marriage from God, Not Courts - Cal Thomas
9 Counseling Same-Sex Couples - Douglas Carl

PART THREE - THE PHILOSOPHICAL ARGUMENTS

10 The Morality of Homosexual Marriage - Daniel Maguire
11 Is It Wrong to Discriminate on the Basis of Homosexuality? - Jeff Jordon
12 The Case for Gay Marriage - Richard D. Mohr
13 The Stakes in the Gay-Marriage Wars - Richard D. Mohr
14 How Domestic Partnerships and "Gary Marriage" Threaten the Family - Robert H. Knight
15 Marriage's True Ends - Commonweal Editorial
16 Virtually Normal - Andrew Sullivan
17 The Marrying Kind - Elizabeth Kristol
18 Against Homosexual Marriage - James Q. Wilson
19 Bless the Tie That Binds: A Puritan-Covenant Case for Same-Sex Marriage - 21 Dwight J. Penas
20 Since When Is Marriage a Path to Liberation? - Paula L. Ettelbrick
21 Gay Marriage - Christine Pierce
22 Time has Come to Make a Case for Polyandry - William Safire
23 I Have Anguished - Ed Fallon
24 Relations between Consenting Adults: Sodomy Laws and Homosexual Marriage - 2 Richard A. Posner
25 Making the Family Functional: The Case for Same-Sex Marriage - Larry A. Hickmann

PART FOUR - THE HAWAII CASE

26 Baehr v. Lewin: An Edited Version of the 1993 Supreme Court Decision
27 Report of the Hawaii Commission on Sexual Orientation and the Law, Including the Minority Report and the Majority Response
28Baehr v. Lewin: A Step in the Right Direction for Gay Rights - Anthony C. Infant
29 Hawaiian Aye: Nearing the Altar on Gay Marriage - Andrew Sullivan