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Exploring Same-Sex Marriage: An Annotated Bibliography
Jessie Brotherton
Academic affiliation: Oklahoma State University
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Alderson, Kevin G. "A Phenomenological Investigation of Same-Sex Marriage." The Canadian Journal of Human Sexuality 13.2 (2005). ProQuest Direct. Oklahoma State University Library. Article A11884517. 8 Feb. 2005 . Identifies that the battle for same-sex marriage is about recognizing the feelings and love that individuals of one gender feel towards another individual of the same gender, according to this article. States that same-sex couples want equality, legally and psychosocially. Hypothesizes that "same-sex marriage is here to stay" (1) and that we need to understand it as a "new area of social science" (1). States that the drawbacks for same-sex marriage are no different than the drawbacks for heterosexual couples. Contains statistical information and a personal pro view for the approval of same-sex marriages. Could be easily understood at a beginner level on the subject of same-sex marriage.

Barclay, Scott, and Shauna Fisher. "The States and the Differing Impetus for Divergent Paths on Same-Sex Marriage, 1990-2001." Policy Studies Journal 31.3 (2003). ProQuest Direct. Oklahoma State University Library. Article A0190292X. 9 Feb. 2005 . Discusses the fact that same-sex marriage policies are more apt to induce a moral based response than are antidiscrimination laws dealing with sexual orientation. Discusses what a difference marriage makes in the United States. Focuses on state laws dealing with in-state issuance of marriage licences. Includes a database containing "political, demographic, and social factors" (4) between the years 1990 to 2001 for all fifty states. Distinguishes the many factors that play a role in deciding whether same-sex marriage should be legalized or not. Recognizes that same-sex marriage policies are considered more in areas of supporters than in areas of antidiscrimination laws.

Barry, Adam D. "The Defense of Marriage Act and American Exceptionalism: The 'Gay Marriage' Panic in the United States." Journal of the History of Sexuality 12.2 (2003). ProQuest Direct. Oklahoma State University Library. Article A0190292X. 9 Feb. 2005 Discusses the views of supporters and opponents of same-sex marriage in the United States. Develops the idea that relationship recognition has been thriving more among other countries than in the United States. American Protestantism, the labor movement, and gender and national identity are considered factors to American resistance of same-sex marriages. Defines that the most obvious factor is that there are many more Protestants against same-sex marriage than there are Conservatives for it. States that reform for same-sex couples is moving at a "glacial pace" (2).Clearly defines the pro and con side for same-sex marriage and is at an intermediate level of understanding to beginners in this area.

Bennison, Charles E. "Rethinking Marriage--Again." Anglican Theological Review 79.4 (1997). ProQuest Direct. Oklahoma State University Library. 17 Feb. 2005 . Observes the concept of same-sex marriage in the Episcopal Church. States that the church and society are rethinking the concept of marriage once again. Questions whether anyone can actually ever know the truth God meant for marriage. Points out the different opinions of what marriage means throughout history in different countries. Raises the point that the church should be accepting of all couples and publicly bless them all. Reveals that, according to the church, marriage is a given right to all people and blessed for all people. Readers with a background in the church and its practices could obtain a better insight for the same-sex marriage argument.

Machacek, David W. and Adrienne Fulco. "The Courts and Public Discourse: The Case of Gay Marriage." Journal of Church and State 46.4 (2004). ProQuest Direct. Oklahoma State University Library. Article A0021969X. 9 Feb. 2005 . States that the objections to the Court's activism must be looked at in terms of separation of church and state. Relates the idea that courts are defining what should be labeled as right and wrong. Relates the right to privacy to the right to marry. Describes the objections to the courts decisions including same-sex marriage. "Our obligation is to define the liberty of all, not to mandate our own moral code" (5). Provides a more in-depth look at the court's decision and history of same-sex marriage policies. Readers with a knowledge of same-sex marriage and the courts would find this helpful.

Hohengarten, William M. "Same-Sex Marriage and the Right of Privacy." The Yale Law Journal 103.6 (1994): 1495-1531. Defines marriage as a legal relationship, entered into through a legal framework, and enforceable according to legal rules. States that the right to marriage extends to all couples, including same-sex couples. Proceeds in four parts. Part 1 defines marriage and states that previous court rulings are unfair to same gendered couples. Part II reviews the constitutional right to marry and gives examples of alternative views of marriage by other courts. Part III disapproves of the alternative analysis of marriage by stating that it is unsupported by state law. Part IV links the constitutional right to marry with procreation as inconsistent. Research students would find very helpful in gaining knowledge of same-sex marriages and the unjustness of it.

Hull, Kathleen E. "The Cultural Power of Law and the Cultural Enactment of Legality: The Case of Same-Sex Marriage." Law and Social Inquiry 28.3 (2003). ProQuest Direct. Oklahoma State University Library. 25 Feb. 2005 . Examines the legal connection of same-sex couples and marriage. Conducts a study of 71 same-sex couple members to determine the desire of having same-sex marriage legally recognized. Examines the relationship of same-sex marriage as a cultural practice. Contains in-depth interviews of same- sex couples to understand their views on legal recognition. Considers the lawlike functions of public rituals of commitment in some couples' lives. States that same-sex marriage emerged as a cultural and legal issue in the late-twentieth- century in America. Provides a relevant background on same-sex marriage in America and the interviews show an in-depth look at the individuals and their lifestyle.

"Inside Politics America Votes 2004: Bush Calls for Ban on Same-Sex Marriages." CNN (2004). Google. 23 Feb. 2005 . Informs the reader that "Bush endorsed a constitutional amendment that would restrict marriage to two people of the opposite sex but leave open the possibility that states could allow civil unions" (1). States that Bush decided to endorse the amendment because of recent decisions involving Massachusetts and San Francisco allowing marriage right and licenses to same-sex couples. Explains that amending the Constitution is very difficult, having only been amended only seventeen times in 215 years. Bush's comments were not like by Democratic Party leaders who believe he is attempting to introduce discrimination into the Constitution. Includes quotes from gay and lesbian organizations and Democratic National Committee Chairman who do not agree with Bush's decision and reasoning. Provides an informative viewpoint of our President and could be easily comprehended at all levels of understanding on the subject.

Merin, Yuval. Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States. Chicago and London: The U of Chicago P, 2002. Describes the current concepts and characteristics of marriage law. States that the implementation of equal rights for women has been the catalyst for the movement towards same-sex marriage. Shows that the only restrictions that are absolute prohibitions are those based on kinship, currently existing marriage, and same-sex marriage. Raises the point that advances made by blacks and women towards equality in marriage might help in progress for same-sex couples. Provides examples of couples who wanted a marriage license, but were denied. Notes that a large number of children today are being raised by same-sex partners and a growing number of children are being conceived through assisted reproductive techniques. Readers could gain insight of same-sex marriage and the hardships it has endured.

Strasser, Mark. Legally Wed: Same-Sex Marriage and the Constitution. Ithaca and London: Cornell UP, 1997. States that a long historical pedigree does not establish the legitimacy of a state definition or policy. Makes the point that definitions of same-sex marriage do not always mean the same thing in law. Shows that the Supreme Court will apply one of three standards to decide whether "a particular statute passes constitutional muster" (24). Three standards are strict scrutiny, heightened scrutiny, or the rational basis test. Argues against the statements that the purpose of marriage is to bear children. States that argument is false because there is no requirement that married couples must have children and if there was a requirement, same-sex couples could not be precluded on that account. Provides an in-depth view of why same-sex marriage should be legalized in the United States.

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