Download Same-Sex Marriage and the Constitution by Evan Gerstmann PDF

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By Evan Gerstmann

The revised and elevated moment version of Same-Sex Marriage and the structure makes the case that the structure has lengthy safe the correct to marry, and that this defense contains the fitting to marry anyone of an analogous gender. No different booklet makes this argument. This booklet addresses different concerns, comparable to why same-sex marriage is totally diverse, either virtually and constitutionally, from polygamy and incest, and it debunks the parable that pro-same-sex marriage judgements have created a backlash opposed to both gays and lesbians or the Democratic occasion

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13:13 P1: KAE 9780521882507c02 CUNY1128/Gerstmann Reason and Prejudice 978 0 521 88250 7 January 9, 2008 37 1970s. Also, the marriage rates in Sweden, Norway, and Iceland are higher than they were prior to those countries’ partnership acts. 79 Thus, Kurtz’s argument that legal recognition of same-sex partnerships and marriage in Northern Europe has damaged heterosexual marriage is not based on solid evidence. It does not show that the samesex marriage ban leads to more children’s being raised in heterosexual marriages.

Asserting that there is a deep distinction between sterile heterosexual sex and homosexual sex because the former is a “reproductive type act” is a remarkably conclusory, ill-supported assertion – hardly a sound basis upon which to base such a vital policy as who may marry. Recall that the Court in Romer rejected the arguments for Amendment 2 because the law was too broad to be justified under the rationales offered for it. Linking marriage to the unitive capacity of reproductive sex has the opposite problem: it would ban many marriages that we currently allow.

Sydney Buchanan forcefully argues that legalizing same-sex marriage would force the states to treat same-sex married couples as equivalent to dual-gender married couples for purposes of adoption and custody: The principle of total equality would have particular relevance in proceedings concerning adoptions and child custody. 82 Perhaps we have now found a rational link between the government’s preference that children be raised by a mother and father and the same-sex marriage ban. If allowing same-sex marriage means that the state cannot prefer dual-gender couples as adoptive and custodial parents, then same-sex marriage could result in more children living in same-sex households who otherwise would have lived in dual-gender households.

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