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Pedagogies

Same-Sex Marriage, Human Rights, and the Law

We are seeking your suggestions for the pedagogies page. Please send us your assignments and syllabi.

A. Discussion Questions:

  1. Discuss the different perceptions of the word "marriage." How is marriage constructed within different cultural contexts?
  2. Many opponents of same-sex marriage have argued that it would erode the "sanctity" of marriage. Discuss how the term "sanctity" is used in this argument. How does religion influence our understanding of this term? Discuss the role of religion in relation to the institution of marriage.
  3. Another argument against same-sex marriage is the protection of family. Discuss the different perceptions of the word "family." How is family defined in this argument? How has family been defined in other contexts?
  4. To what extent is marriage a private arrangement? To what extent is it private? How do governemtn santions on marriage influence teh public and private?
  5. Arguments for and against same-sex marriage are commonly linked to the broader question. What kinds of sexuality are "natural"? Is it possible to separate this question from the issue of same-sex marriage? What are the implications of mixing these two debates?
  6. Most states have anti-discrimination policies written into their state constitutions. Do you think that bans on same-sex marriage run afoul of anti-discrimination laws?
  7. Some have suggested replacing the term marriage with domestic partnership or civil union. What are the pros and cons of changing this legal language? What would be the affects of this?
  8. How might the debate on same-sex marriage be compared to earlier debates on interracial marriage in the United States? To what extent are these comparisons valid? How are they problematic?
  9. What would an amendment to the constitution allowing for marriage equality involve? What would be the result of this? What would an amendment to the constitution banning same-sex marriage involve and what would be the result of this?

B. Assignments/Syllabi:

Possible research project opportunities:

  1. Research the rights of married heterosexuals in the U.S. as compared to the rights of those with civil unions and domestic partnerships. Discuss the economic and legal differences between legalized marriage, civil unions and domestic partnerships in the United States.
  2. Trace the history of marriage in countries other than the United States. Analyze the cultural factors that have shaped history.
  3. # Research the various constructions of same-sex marriage by religious organizations in the U.S.

C. Texts:

Abrams, Nancy, (1999). The other mother: A lesbian’s fight for her daughter. Madison WI: University of Wisconsin Press.

Adelman, Marcy R., ed. (2000). Midlife lesbian relationships: Friends, lovers, children, and parents. New York: Harrington Park Press.

Baird, Robert M., & Rosenbaum, Stuart E., eds. (1997). Same-sex marriage: The moral and legal debate. Buffalo NY: Prometheus.

Benkov, Laura. (1994). Reinventing the family: The emerging story of lesbian and gay parents . New York: Crown Publishers.

Booth, Jane E., & Harlow, Ruth E. (1994). Legal issues facing the non-traditional family . New York: Practising Law Institute.

Boswell, John. (1994). Same-sex unions in premodern Europe . New York: Villard.

Bozett, Frederick W. (1987). Gay and lesbian parents . New York: Praeger.

Bozett, Frederick W., ed. (1989). Homosexuality and the family . New York: Harrington Park Press.

Bozett, Frederick W., & Sussman, Marvin, eds. (1990). Homosexuality and family relations . New York: Haworth Press.

Burke, Phyllis. (1993). Family values: Two moms and their son . New York: Random House.

Cabaj, Robert P., & Purcell, David W., eds. (1998). On the road to same-sex marriage: A supportive guide to psychological, political, and legal issues . San Francisco: Josey-Bass.

Cahill, Sean (Sean Robert). (2004). Same-sex marriage in the United States : focus on the facts. Lexington Books.

Carrington, Christopher. (1999). No place like home: Relationships and family-life among lesbians and gay men. Chicago: University of Chgicago Press.

Casper, Virginia. (1999). Gay parents/straight schools: Building communication and trust. New York: Teachers College Press.

Chauncey, George. (2004). Why marriage ? : the history shaping today's debate over gay equality. New York : Basic Books

Coleman, Marilyn and Lawrence H. Ganong, eds. (2004). Handbook of contemporary families : considering the past, contemplating the future. Thousand Oaks, CA: Sage Publications.

Curry, Hayden, Clifford, Denis, & Leonard, Robin. (1994). A legal guide for lesbian and gay couples . 8th ed. Berkeley CA: Nolo Press.

Eskridge, William N., Jr. (1996). The case for same-sex marriage . New York: Free Press.

Gerstmann, Evan. (2004). Same sex marriage and the Constitution. Cambridge [England]; New York : Cambridge University Press.

Goss, Robert, & Strongheart, Amy A. S. (1997). Our families, our values: Snapshots of queer kinship. New York: Haworth.

Harry, Joseph. (1984). Gay couples . New York: Praeger.

Hawaii. Commission on Sexual Orientation and the Law. (1995). Report of the Commission. . .. Honolulu HA: The Commission.

Jagger, Jill, & Wright, Caroline, eds. (1999). Changing family values. New York: Routledge.

Kotulski, Davina. (2004). Why you should give a damn about gay marriage. Los Angeles: Advocate Books.

Kurdek, Lawrence A., ed. (1994). Social services for gay and lesbian couples. New York: Haworth Press.

Laird, Joan, ed. (1999). Lesbians and lesbian families: Reflections on theory and practice. New York: Columbia University Press.

Lehr, Valerie. (1999). Queer family values: Debunking the myth of the nuclear family. Philadelphia: Temple University Press.

Lees, Alfred W., & Nelson, Rondald, eds. (1999). Longtime companions: Autobiographies of gay male fidelity. New York: Harrington Park Press.

McAllister, Wirth. (1986). Beyond acceptance: Parents of lesbians and gay youth talk about their experiences . New York: Prentice Hall.

Marcus, Eric. (1998). Together forever: Gay and lesbian marriage . New York: Anchor.

Martinac, Paula. (1998). The lesbian & gay book of love & marriage: Creating the stories of our lives. New York: Broadway Books.

Moats, David. (2004).Gay marriage: why it is good for gays, good for straights, and good for America. Orlando: Harcourt.

Patterson, Charlotte J., & D’Augelli, Anthony R., eds. (1998). Lesbian, gay, and bisexual identities in families: Psychological perspectives.

Preston, John, & Lowenthal, Michael, eds. (1995). Friends and lovers: Gay men write about the families they created. New York: Dutton.

Rauch, Jonathan. (2004).Civil wars : a battle for gay marriage. ew York: Times Books/Henry Holt and Co.

Ricketts, Wendell. (1991). Lesbians and gay men as foster parents . Portland ME: Muskie Institute of Public Affairs.

Roleff, Tamara L., ed. (1998). Gay marriage . San Diego CA: Greenhaven Press.

Sherman, Suzanne, ed. (1992). Lesbian and gay marriage: Private commitments, public ceremonies . Philadelphia: Temple University Press.

Stacey, Judith. (1996). In the name of the family: Rethinking family values in the postmodern age. Boston: Beacon Press.

Shanley, Mary Lyndon. (2004). Just marriage. edited by Joshua Cohen and Deborah Chasman for Boston Review. Oxford ; New York : Oxford University Press.

Steirs, Gretchen A. (1999). From this day forward: Commitment, marriage, and family in lesbian and gay relationships. New York: St. Martin’s Press.

Strasser, Mark. (1997). Legally wed: Same-sex marriage and the Constitution. Ithaca NY: Cornell University Press.

Sullivan, Andrew, ed. (1997). For better or worse: Same-sex marriage, pro and con. New York: Vintage Books.

Sullivan, T. Richard, ed. (1999). Queer families, common agendas: Gay people, lesbians, and family values. New York: Harrington Park Press.

Thompson, Karen, & Andrzejewski, Julie. (1988). Why can’t Sharon Kowalski come home? San Francisco: Spinsters/Aunt Lute.

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution. (2004). Defense of Marriage Act: hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, second session, March 30, 2004. Washington: U.S. G.P.O. : For sale by the Supt. of Docs., U.S. G.P.O

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution. (2004). Federal Marriage Amendment: the Musgrave Amendment : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, second session, on H.J. Res. 56, May 13, 2004. Washington: U.S. G.P.O. : For sale by the Supt. of Docs., U.S. G.P.O

Wakeling, Louise, & Bradstock, Margaret, eds. (1995). Beyond blood: Writings on the lesbian and gay family . Sydney: BlackWattle.

Wolfson, Evan. (2004). Why marriage matters : America, equality, and gay people's right to marry / Evan Wolfson. New York : Simon & Schuster.

D. Additional Resources:

Human Rights Campaign: Questions About Marriage Equality [en Español]

International Gay and Lesbian Human Rights Campaign: "Frequently Asked Questions (FAQ) About Same-Sex Unions

National Gay and Lesbian Task Force PDFs. The following are all in PDF form from the NGLTF Marriage Center.

Marriage: What are We Fighting For? - August 18, 2004

Marriage: Legal Protections for Families and Children - May 17, 2004

Talking Points On Marriage Equality for Same-Sex Couples - August 18, 2004

Talking Points on Gay and Lesbian Parenting - August 18, 2004