Same-Sex Marriage: A Selective Bibliography of the Legal Literature
compiled by Paul Axel-Lute
originally published September 2002
last updated March 7, 2017/ DC
The movement to open civil marriage to same-sex couples achieved its first temporary success in 1993 with the decision of the Hawaii Supreme Court that the restriction of marriage to opposite-sex couples would be presumed unconstitutional unless the state could demonstrate that it furthered a compelling state interest. In response to this decision the state constitution was amended to allow the legislature to preserve that restriction. A similar court decision in Alaska in 1998 led to an even stronger constitutional amendment, itself defining marriage as between one man and one woman. In further reaction to the Hawaii case, the federal Defense of Marriage Act (1996) provided that no state would be required to recognize a same-sex marriage from another state, and also defined marriage for federal-law purposes as opposite-sex. The majority of the states also passed their own "marriage protection acts." (In November 2004, eleven more U.S. states amended their constitutions to prohibit same-sex marriage.)
In Vermont, after that state's Supreme Court held in 1999 that the state must extend to same- sex couples the same benefits that married couples receive, the legislature in 2000 created the status of "civil union" to fulfill that mandate. Connecticut adopted a similar civil union law in 2005.
In 2001, the Netherlands became the first country to open civil marriage to same-sex couples. Belgium became the second in 2003. In 2002 through 2004, courts in six Canadian provinces held that the opposite-sex definition of marriage was contrary to Canada's Charter of Rights, and in 2005 federal legislation extended same-sex marriage to all of Canada. Same-sex marriage was also legalized in Spain in 2005 , in South Africa in 2006, in Norway and Sweden effective in 2009, in Portugal, Iceland, and Argentina effective in 2010, and in Colombia, Brazil, France, New Zealand, and the United Kingdom effective in 2013.
In November 2003, the Massachusetts Supreme Judicial Court held that excluding same-sex couples from the benefits of civil marriage violated the state constitution, and in February 2004 that court further held that a "civil union" law would not be sufficient, and on May 17, 2004 Massachusetts became the first state in the United States where same-sex marriage per se is legal.
In July 2006, opposite-sex definitions of marriage were upheld by the highest courts of both New York and Washington; likewise in Maryland in 2007.
In October 2006, the New Jersey Supreme Court held that same-sex couples were entitled to the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. The Legislature complied with that decision by enacting a civil union act in December 2006.
In May 2008, California became the second state to legalize same-sex marriage when the California Supreme Court held that laws restricting marriage to opposite-sex couples were unconstitutional. Connecticut followed suit in October 2008. In California, the Supreme Court decision was overturned by voter initiative in the November 2008 election, but that initiative was held unconstitutional by the U.S. Court of Appeals for the Ninth Circuit in February 2012.
In 2009, same-sex marriage was legalized in Iowa by decision of its Supreme Court, in Vermont, New Hampshire, and the District of Columbia by legislation, and in Connecticut by both. New York's Marriage Equality Act was enacted in June 2011. The states of Maryland and Washington legalized same-sex marriage by statute in 2012; Delaware, Hawaii, Illinois, Minnesota, and Rhode Island did likewise in 2013.
In June 2013, the Supreme Court of the United States invalidated the federal Defense of Marriage Act as an unconstitutional infringement on personal liberty. Later that year, allowance of same-sex marriage was required by state court decision in New Jersey and by federal district court decision in Utah (but the Utah decision was stayed pending appeal in January 2014).
The journal articles included in this bibliography are from 1997 through 2013. Arrangement is alphabetic, by author's last name, except that symposium issues are listed by symposium title only, without listing the individual articles. Articles by student authors are excluded. Books and articles about particular jurisdictions are listed under those jurisdictions rather than in the general books and articles sections. The arrangement of entries under each jurisdiction is chronological, with undated items given first alphabetically. Federal court cases are listed under the states in which they arose--except for cases concerning the federal Defense of Marriage Act.
American Association of Law Libraries, Social Responsibilities Special Interest Section, Standing Committee on Lesbian and Gay Issues, Sexual Orientation and the Law: A Research Bibliography, Selectively Annotating Legal Literature through 2005 (William S. Hein & Co., 2006) (AALL Publications Series No.74). Part I reprints a bibliography covering 1969-1993, originally published in Law Library Journal 86:1-103 (1994), in which articles on marriage are at pages 37-40. Part II, Annotated Update covering Sept.1993 through Dec.2005, has thoroughly annotated entries 507-645 on same-sex marriage and entries 207-238 on full faith and credit/DOMA.
Lynn D. Wardle, "A Critical Analysis of Constitutional Claims for Same-Sex Marriage," Brigham Young University Law Review, 1996:1-101, at 96-100, lists law review articles from 1970-1975 and 1990-June 1995, categorized as pro or con same-sex marriage.
Paul Axel-Lute, "Same-Sex Marriage" (Rutgers-Newark Law Library, Pathfinder Series, Oct.1996), http://www-rci.rutgers.edu/~axellute/ssm.htm, lists articles, statutes, and cases through 1996.
Daniel J. Jacobs, "Same-Sex Marriages: a Selective Bibliography of Legal and Social Aspects," The Record of the Association of the Bar of the City of New York, 51:687-696 (Oct.1996).
Justin W. Starr's compilation, "Law Review Articles Citing Baker v. Vermont," BYU Journal of Public Law, 18:353-370 (2004) (an appendix to an article by Lynn D. Wardle), includes citations to some articles from 2001-2003 not included here.
Annotation: "Marriage Between Persons of Same Sex," 81 ALR 5th 1-40 (2000) (by Robin Cheryl Miller). This annotation, updated by an annual pocket supplement,provides citations and lengthy summaries of caselaw from the United States concerning the validity of same-sex marriages.
Annotation: "Marriage Between Persons of the Same Sex--United States and Canadian Cases," 1 ALR Fed 2d 1 (2005) (by Robin Cheryl Miller and Jason Binimow) .
American Civil Liberties Union, "LGBT Relationships," https://www.aclu.org/lgbt-rights/lgbt-relationships, includes current news and legal documents.
"Casebook on Sexual Orientation and the Law," by Prof. Dan Pinello, John Jay College of Criminal Justice: Part III, "Lesbian and Gay Family Issues Not Involving Child Custody, Visitation, Adoption, and Foster Care, " at http://www.danpinello.com/Family2.htm, includes edited texts of cases relating to same sex marriage.
Human Rights Campaign, "Marriage Center," http://www.hrc.org/campaigns/marriage-center
Institute for Marriage and Public Policy, https://mediamousearchive.wordpress.com/resources/right/orgs/institute-for-marriage-and-public-policy/
Interfaith Working Group, "Religious Support for Equal Marriage Rights," http://iwgonline.org/marriage
Jurist (Univ.of Pittsburgh School of Law), Search results for "Same-Sex Marriage," http://jurist.org/jurist_search.php?q=same-sex+marriage/: several pages worth of news articles in reverse chronological order; articles include links to legal texts.
Lambda Legal, "Status of Same-Sex Relationships Nationwide," http://www.lambdalegal.org/nationwide-status-same-sex-relationships.html
National Center for Lesbian Rights, "Explore the Issues: Marriage", http://www.nclrights.org/explore-the-issues/family-relationships/marriage/
National Conference of State Legislatures, "Same-Sex Marriage Laws," http://www.ncsl.org/research/human-services/same-sex-marriage-overview.aspx
Partners Task Force for Gay & Lesbian Couples, "Legal Marriage Report: Global Status of Legal Marriage," http://www.buddybuddy. com/mar-repo.html
Research Guides: Same Sex Marriage Laws (Moritz Law Library, Ohio State University), http://moritzlaw.osu.edu/library/samesexmarriagelaws.php
"Same-Sex Marriages, Civil Unions, and Domestic Partnerships" http://www.religioustolerance.org/hom_marr.htm (Ontario Consultants on Religious Tolerance).
SCOTUSblog, Archive:Same Sex Marriage, http://www.scotusblog.com/category/special-features/same-sex-marriage/
Wikipedia, "Status of Same-Sex Marriage," http://en.wikipedia.org/wiki/Status_of_same-sex_marriage
The Williams Institute, UCLA School of Law, "Marriage & Couples Rights," http://williamsinstitute.law.ucla.edu/category/research/marriage-and-couples-rights/
Babst, Gordon Albert, Liberal Constitutionalism, Marriage, and Sexual Orientation: A Contemporary Case for Dis-establishment (Peter Lang, 2002) (Teaching Texts in Law and Politics, v. 15) [call no. KF 539.B33 ]
Badgett, M. V. Lee, When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage (New York University Press, 2009)
Cahill, Sean, Same-Sex Marriage in the United States: Focus on the Facts (Rowman & Littlefield, 2004)
Cantor, Donald J., et al., Same-Sex Marriage: The Legal and Psychological Evolution in America (Wesleyan University Press, 2006)
Chauncey, George, Why Marriage? The History Shaping Today's Debate Over Gay Equality (Basic Books, 2004)
Cretney, Stephen Michæl, Same-Sex Relationships: From 'Odious Crime' to 'Gay Marriage' (Oxford University Press, 2006) (Clarendon Law Lectures)
Defense of Marriage: Does It Need Defending?, edited by James Perkins (Nova Science, 2004)
Depuis, Martin, Same-Sex Marriage, Legal Mobilization, and the Politics of Rights (Peter Lang, 2002) (Teaching Texts in Law and Politics, v. 17)
Eskridge, William N., Jr., The Case for Same-Sex Marriage: from Sexual Liberty to Civilized Commitment (Free Press, 1996). [call no. HQ 76.3,U5E85 ]
Eskridge, William N., Gay Marriage: For Better or For Worse? What We've Learned from the Evidence. (Oxford Univ. Press, 2006)
Gerstmann, Evan, Same-Sex Marriage and the Constitution (Cambridge Univ. Press, 2004, and second editon 2008) [ call no. KF 539.G47 ]
Gill, Emily R., An Argument for Same-Sex Marriage: Religious Freedom, Sexual Freedom, and Public Expressions of Civic Equality (Georgetown University Press, 2012) [ call no. HQ1034.U5 G55 2012 ]
Goldberg-Hiller, Jonathan, The Limits to Union: Same-Sex Marriage and the Politics of Civil Rights (Univ. of Michigan Press, 2002) [ call no. HQ 1034.U5 G65 ]
Gozemba, Patricia A., History of America's First Legal Same-Sex Marriages (Beacon Press, 2007) [ call no. HQ 1034.U5G69 ]
Hume, Robert J., Courthouse Democracy and Minority Rights : Same-Sex Marriage in the States ( Oxford University Press, 2013) [ call no. KF539 .H86 2013 ]
Klarman, Michæl J., From the Closet to the Altar : Courts, Backlash, and the Struggle for Same-Sex Marriage. (Oxford University Press, 2013) [ call no. KF539 .K58 2013 ]
Legal Recognition of Same-Sex Partnerships [Conference] (1999 : London). The Legal Recognition of Same-Sex Partnerships : a Study of National, European and International law / edited by Robert Wintemute and Mads Andenæs ( Hart Pub., 2001) [ call no. K699 .A6 1999 ]
Lee, Man Yee Karen, Equality, Dignity, and Same-Sex Marriage : a Rights Disagreement in Democratic Societies (Martinus Nijhoff Publishers, 2010)
Marriage and Same-Sex Unions: a Debate / edited by Lynn D. Wardle et al. (Præger, 2003). [ call no. HQ 1034.U5 M37 ]
Mello, Michæl, Legalizing Gay Marriage (Temple University Press, 2004) [ call no. HQ1034.U5 M45 2004 ]
Merin, Yuval, Equality for Same-Sex Couples : the Legal Recognition of Gay Partnerships in Europe and the United States ( University of Chicago Press, 2002) [ call no. K699 .M37 2002 ] Includes extensive bibliography, and English translations of Scandinavian registered partnerships laws and of Netherlands law opening civil marriage to same sex couples.
Moral Argument, Religion, and Same-Sex Marriage: Advancing the Public Good, edited by Gordon A. Babst, Emily R. Gill, & Jason Pierceson Lexington Books, 2009) [ call no. KF 539.M67 2009 ]
Nicolas, Peter, & Mike Strong, The Geography of Love: Same-Sex Marriage & Relationship Recognition in America (The Story in Maps, 2011)
Pierceson, Jason, Courts, Liberalism and Rights: Gay Law and Politics in the United States and Canada (Temple University Press, 2005) [ call no. KF4754.5 .P54 2005 ] Includes chapters on same-sex marriage.
Pierceson, Jason, Same-Sex Marriage in the United States : The Road to the Supreme Court (Rowman & Littlefield Publishers, 2013) [ call no. HQ1034.U5 P54 2013 ]
Pinello, Daniel R., America's Struggle for Same-Sex Marriage (Cambridge University Press, 2006).
Richman, Kimberly D., License to Wed: What Legal Marriage Means to Same-Sex Couples (NYU Press, 2013)
Rosenberg, Gerald N., The Hollow Hope : Can Courts Bring About Social Change? 2nd edition (University of Chicago Press, 2008). [call no. KF8700.R66] Includes chapters on litigation for same-sex marriage.
Rosenfeld, Michæl J., The Age of Independence: Interracial Unions, Same-Sex Unions, and the Changing American Family (Harvard University Press, March 2007).
Same-Sex Marriage in Latin America : Promise and Resistance / edited by Jason Pierceson, Adriana Piatti-Crocker, and Shawn Schulenberg (Lexington Books, 2013) [call no. KG147 .S26 2013 ]
Same-Sex Marriage : Pro and Con : A Reader / [edited by] Andrew Sullivan with research assistance by Joseph Landau (Vintage Books, 1997) [call no. HQ76.25 .F677 1997 ]
Same-Sex Marriage : The Moral and Legal Debate / edited by Robert M. Baird and Stuart E. Rosenbaum (Prometheus Books, 1997) [ call no. HQ76.3.U5 S33 1997 ]
Snyder, R. Claire, Gay Marriage and Democracy: Equality for All (Rowman & Littlefield, 2006)
Strasser, Mark, The Challenge of Same-Sex Marriage : Federalist Principles and Constitutional Protections (Præger, 1999) [ call no. KF539 .S768 1999 ]
Strasser, Mark, Legally Wed : Same-Sex Marriage and the Constitution (Cornell University Press, 1997) [call no. KF539 .S77 1997 ]
Strasser, Mark, On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads (Præger, Oct. 2002) [ call no. KF539 .S769 2002 ]
Sullivan, Andrew, Virtually Normal: an Argument about Homosexuality (Knopf, 1995) [ call no. HQ 76.25.S85 ]. At pages 178-185, discusses equal access to civil marriage as centerpiece of a politics of homosexuality.
What's the Harm? Does Legalizing Same-Sex Marriage Really Harm Individuals , Families or Society? / edited by Lynn D. Wardle (University Press of America, 2008)
Wolfson, Evan, Why Marriage Matters: America, Equality, and Gay People's Right To Marry (Simon & Schuster, 2004) [ call no. HQ1034.U5 W65 2004 ]
Zylan, Yvonne, States of Passion: Law, Identity, and the Social Construction of Desire (Oxford University Press, 2011), Chapter 6, "Aspiring to Be Iowan: Same Marriage and the End of Gayness As We Know It," p.202-267. [ call no. KF 9325.Z85 ]
Ball, Carlos A., "The Backlash Thesis and Same-Sex Marriage: Learning from Brown v. Board of Education and its Aftermath," William & Mary Bill of Rights Journal, 14:1493-1538 (2006)
Ball, Carlos A., "Moral Foundations for a Discourse on Same-Sex Marriage: Looking Beyond Political Liberalism," Georgetown Law Journal, 85:1871-1943 (June 1997)
Ball, Carlos A., "The Positive in the Fundamental Right to Marry: Same-Sex Marriage in the Aftermath of Lawrence v. Texas, Minnesota Law Review, 88:1184-1232 (2004)
Becker, Mary, "Family Law in the Secular State and Restrictions on Same-Sex Marriage: Two Are Better Than One," University of Illinois Law Review, 2001:1-56 (Winter 2001)
Bonauto, Mary L., "Civil Marriage as a Locus of Civil Rights Struggles," Human Rights, 30(3):3-7 (Summer 2003) (American Bar Association, Section of Individual Rights and Responsibilities)
Burt, Robert A. "Overruling Dred Scott: the Case for Same-Sex Marriage." Widener Law Journal, 17:73-95 (2007)
Chartier, Gary, "Natural Law, Same-Sex Marriage, and the Politics of Virtue," UCLA Law Review , 48:1593-1632 (Aug.2001)
Cooper, Elizabeth B. "Who Needs Marriage?: Equality and the Role of the State. Journal of Law & Family Studies, 8:325-362 (2006)
Cox, Barbara J., "'The Little Project': From Alternative Families to Domestic Partnerships to Same-Sex Marriage," Wisconsin Women's Law Journal, 15:77-92 (2000)
Cox, Barbara J., " 'A Painful Process of Waiting': the New York, Washington, New Jersey, and Maryland Dissenting Justices Understand that 'Same-Sex Marriage' is Not What Some Same-Sex Couples Are Seeking," California Western Law Review, 45:139-178 (2008).
Cruz, David B. " 'Just Don't Call It Marriage': the First Amendment and Marriage as an Expressive Resource," Southern California Law Review, 74:925-1026 (May 2001)
Culhane, John G., "Uprooting the Arguments Against Same-Sex Marriage," Cardozo Law Review, 20:1119-1211 (1999)
Donovan, James, "Rock-Salting the Slippery Slope: Why Same-Sex Marriage is Not a Commitment to Polygamous Marriage," Northern Kentucky Law Review, 29:521-590 (2002)
Eskridge, William N., Jr., "Comparative Law and the Same-Sex Marriage Debate: A Step-by-Step Approach Toward State Recognition," McGeorge Law Review, 31:641-672 (Spring 2000)
Eskridge, William N., Jr., "Equality Practice: Liberal Reflections on the Jurisprudence of Civil Unions," Albany Law Review, 64:853-881 (2001)
Fair, Bryan K., "The Ultimate Association: Same-Sex Marriage and the Battle against Jim Crow's Other Cousin," University of Miami Law Review, 63:269-299 (2008)
Freeman, M.D.A., "Not Such a Queer Idea: Is There a Case for Same Sex Marriage?" Journal of Applied Philosophy, 16:1-17 (1999)
Goldberg, Suzanne B., "A Historical Guide to the Future of Marriage for Same-Sex Couples," Columbia Journal of Gender & Law, 15:249-272 (2006). Includes Brief of Professors of History & Family Law as Amici Curiæ in Support of Plaintiffs-Respondents in Hernandez v. Robles (New York Supreme Court, July 28, 2005)
Graham, Tiffany C., "Something Old, Something New: Civic Virtue and the Case for Same-Sex Marriage. UCLA Women's Law Journal, 17:53-120 (2008).
Harrison, Jack B., "The Future of Same-Sex Marriage After Lawrence v. Texas and the Election of 2004," University of Dayton Law Review, 30:313-338 (2005)
Katz, Pamela S., "The Case for Legal Recognition of Same-Sex Marriage," Journal of Law & Policy, 8:61-106 (1999)
Koons, Judith E. " 'Just' Married?: Same-Sex Marriage and a History of Family Plurality," Michigan Journal of Gender & Law, 12:1-85 (2005).
Koppelman, Andrew, "Is Marriage Inherently Heterosexual?" American Journal of Jurisprudence, 42:51-95 (1997)
Kuykendall, Mæ, "Resistance to Same-Sex Marriage as a Story about Language: Linguistic Failure and the Priority of a Living Language," Harvard Civil Rights-Civil Liberties Law Review, 34:385-435 (1999)
Landers, Renee M., "A Marriage of Principles: the Relevance of Federal Precedent and International Sources of Law in Analyzing Claims for a Right to Same-Sex Marriage," New England Law Review, 41:683-710 (2007).
Lenhardt, R. A. "Beyond Analogy: Perez v. Sharp, Antimiscegenation Law, and the Fight for Same-Sex Marriage. California Law Review, 96:839-900 (2008).
Lipkin, Robert Justin, "The Harm of Same-Sex Marriage: Real or Imagined?" 11 Widener Law Review, 11:277-308 (2005)
Lombino, Richard M., II, "Gay Marriage: Equality Matters," Southern California Review of Law & Women's Studies, 14:3-23 (2004).
Montgomery, Jason, "An Examination of Same-Sex Marriage and the Ramifications of Lawrence v. Texas," Kansas Journal of Law & Public Policy, 14:687-707 (2005)
Morrison, Adele M., "Same-Sex Loving: Subverting White Supremacy Through Same-Sex Marriage," Michigan Journal of Race & Law, 13:177-225 (2007).
Patterson, Charlotte J., "Same-Sex Marriage and the Interests of Children...," Virginia Journal of Social Policy & Law, 9:345-351 (2001)
Perry, Michæl J., "Christians, the Bible, and Same-Sex Unions: An Argument for Political Self-Restraint," Wake Forest Law Review, 36:449-485 (Summer 2001)
Ross, Josephine, "Riddle for our Times: The Continued Refusal to Apply the Miscegenation Analogy to Same-Sex Marriage," Rutgers Law Review, 54:999-1019 (2002)
Ross, Josephine, "Sex, Marriage, and History: Analyzing the Continued Resistance to Same-Sex Marriage," SMU Law Review 55:1657-1681 (2002)
Samar, Vincent J., "Privacy and the Debate Over Same-Sex Marriage Versus Unions," DePaul Law Review, 54:783-804 (2005).
Sedler, Robert A., "The Constitution Should Protect the Right to Same-Sex Marriage," Wayne Law Review, 49:975-1005 (2004)
Silverman, Lewis A., "Suffer the Little Children: Justifying Same-Sex Marriage from the Perspective of a Child of the Union," West Virginia Law Review, 102:411-458 (Winter 1999)
Sparling, Tobin A., "All in the Family: Recognizing the Unifying Potential of Same-Sex Marriage," Law & Sexuality, 10:187-209 (2001)
Strassberg, Maura L., "Distinctions of Form or Substance: Monogamy, Polygamy and Same-Sex Marriage," North Carolina Law Review, 75:1501-1624 (June 1997)
Strasser, Mark, "Equal Protection, Same-Sex Marriage, and Classifying on the Basis of Sex," Pepperdine Law Review, 38:1021-1052 (2011)
Strasser, Mark, "Lawrence and Same-Sex Marriage bans: On Constitutional Interpretation and Sophistical Rhetoric," Brooklyn Law Review, 69:1003-1036 (2004)
Strasser, Mark, "Loving in the New Millennium: On Equal Protection and the Right to Marry," University of Chicago Law School Roundtable, 7:61-90 (2000)
Strasser, Mark, "Natural Law and Same-Sex Marriage," DePaul Law Review, 48:51-81 (Fall 1998)
Strasser, Mark, "Same-Sex Marriage Referenda and the Constitution: on Hunter, Romer, and Electoral Process Guarantees," Albany Law Review, 64:949-981 (Spring 2001)
Strasser, Mark, "Same-Sex Marriages and Civil Unions: On Meaning, Free Exercise, and Constitutional Guarantees," Loyola University of Chicago Law Journal, 33:597-630 (2002)
Strasser, Mark, "Same-Sex Marriage and the Right to Privacy," Journal of Law & Family Studies, 13:117-150 (2011), available at http://www.epubs.utah.edu/index.php/jlfs/article/viewFile/493/360
Strasser, Mark, "Toleration, Approval, and the Right to Marry: on Constitutional Limitations and Preferential Treatment," Loyola of Los Angeles Law Review, 35:65-99 (Nov.2001)
Strasser, Mark, "Lawrence, Mill, and Same-Sex Relationships: On Values, Valuing, and the Constitution," Southern California Interdisciplinary Law Journal, 15:285-306 (2006).
"Symposium on Same-Sex Marriage, Civil Unions, and Domestic Partnerships," Capital University Law Review, 30:221-408 (2002) (six articles)
Symposium, "The Right to Marry: Making the Case to Go Forward," Widener Law Journal, 13:691-877 (2004) (seven articles)
Tribe, Laurence H. , "The Constitutional Inevitability of Same-Sex Marriage," Maryland Law Review, 71:471-489 (2012) (co-authored with student Joshua Matz)
Vetri, Dominick, "The Gay Codes: Federal & State Laws Excluding Gay & Lesbian Families," Willamette Law Review, 41:881-940 (2005).
Volokh, Eugene, "Same-Sex Marriage and Slippery Slopes," Hofstra Law Review, 33:1155-1201 (2005).
Wald, Michæl S., "Same-Sex Couple Marriage: A Family Policy Perspective," Virginia Journal of Social Policy & Law, 9:345-351 (2001)
Wedgwood, Ralph, "The Fundamental Argument for Same-Sex Marriage," Journal of Political Philosophy, 7:225-242 (Sept.1999)
Widiss, Deborah A., Elizabeth L. Rosenblatt and Douglas NeJaime, "Exposing Sex Stereotypes in Recent Same-Sex Marriage Jurisprudence," Harvard Jornal of Law & Gender, 30:461-505 (2007).
Wolfson, Evan, "For Richer, For Poorer: Same-Sex Couples and the Freedom to Marry as a Civil Right," (June 2003) (Drum Major Institute for Public Policy)
Wriggins, Jennifer, "Marriage Law and Family Law: Autonomy, Interdependence, and Couples of the Same Gender," Boston College Law Review, 41:265-325 (March 2000)
Beckwith, Francis J., "Justificatory Liberalism and Same-Sex Marriage," Ratio Juris, 26:487-509 (2013)
Bradley, Gerard V., "Same-Sex Marriage: Our Final Answer?" Notre Dame Journal of Law, Ethics & Public Policy, 14:729-752 (2000)
Coolidge, David Orgon; & Duncan, William C., "Reaffirming Marriage: A Presidential Priority," Harvard Journal of Law & Public Policy, 24:623-651 (Spring 2001)
Coolidge, David Orgon, "Same-Sex Marriage? Bæhr v. Miike and the Meaning of Marriage," South Texas Law Review, 38:1-119 (March 1997).
Dent, George W. Jr., "The Defense of Traditional Marriage," The Journal of Law and Politics, 15:581-644 (Fall 1999)
Duncan, William C. "Avoidance Strategy: Same-Sex Marriage Litigation and the Federal Courts," Campbell Law Review, 29:29-46 (2006).
Duncan, William C., "Whither Marriage in the Law?" Regent University Law Review, 15:119-128 (2003)
Finnis, John, "The Good of Marriage and the Morality of Sexual Relations: Some Philosophical and Historical Observations," American Journal of Jurisprudence, 42:97-134 (1997)
Gallagher, Maggie, "What Is Marriage For? The Public Purposes of Marriage Law," Louisiana Law Review, 62:773-791 (2002)
Girgis, Sherif, Robert P. George and Ryan T. Anderson, "What is Marriage?" Harvard Journal of Law & Public Policy, 34:245-287 (2011)
Graglia, Lino A., "Single-Sex 'Marriage': the Role of the Courts," Brigham Young Univ. Law Review, 2001:1013-1021
Lee, Patrick; & George, Robert P., "What Sex Can Be: Self- Alienation, Illusion, or One-Flesh Union," American Journal of Jurisprudence, 42:135-157 (1997)
MacLeod, Adam J., "The Search for Moral Neutrality in Same-Sex Marriage Decisions," BYU Journal of Public Law, 23:1-59 (2008).
O'Brien, Matthew B, "Why Liberal Neutrality Prohibits Same-Sex Marriage: Rawls, Political Liberalism, and the Family," forthcoming in The British Journal of American Legal Studies, Vol. 1, Issue 2 (Summer/Fall 2012). Available at http://ssrn.com/abstract=2136540 (May 1, 2012)
Reid, Eric, "Assessing and Responding to Same-Sex "Marriage" in Light of Natural Law," Georgetown Journal of Law & Public Policy, 3:523-539 (2005)
Schowengerdt, Dale M., "Defending Marriage: A Litigation Strategy to Oppose Same-Sex 'Marriage'," Regent University Law Review, 14:487-510(2002)
Spaht, Katherine Shaw, "Revolution and Counter-Revolution: the Future of Marriage in the Law," Loyola Law Review, 49:1-78 (2003) (disccusses same-sex marriage at pages 19-28, 46-48)
Stewart, Monte Neil, "Genderless Marriage, Institutional Realities, and Judicial Elision," Duke Journal of Constititutional Law & Public Policy, 1:3-78 (2006)
Stewart, Monte Neil, "Judicial Redefinition of Marriage," Canadian Journal of Family Law, 21:11-132 (2004), available at http://www.manwomanmarriage.org/jrm/pdf/jrm.pdf
Stewart, Monte Neil and William C. Duncan, "Marriage and the Betrayal of Perez and Loving," BYU Law Review, 2005:555-595, available at http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2236&context=lawreview
Stewart, Monte Neil, "Marriage Facts." Harvard Journal of Law & Public Policy, 31:313-369 (2008).
Stewart, Monte Neil, Jacob D. Briggs, & Julie Slater, "Marriage, Fundamental Premises, and the California, Connecticut, and Iowa Supreme Courts," Brigham Young University Law Review, 2012:193-280; available at http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2639&context=lawreview
"Symposium: Law and the Politics of Marriage: Loving v. Virginia After Thirty Years," B.Y.U. Journal of Public Law, 12:201-332 (1998) (five articles)
"Symposium: Law and the Politics of Marriage: Loving v. Virginia After Thirty Years," Catholic University Law Review, 47:1207-1325 (Summer 1998) (four articles)
"Symposium: Moral Realism and the Renaissance of Traditional Marriage," Regent University Law Review, 17:185-310 (2004-2005) (seven articles)
[Symposium: Traditional Marriage,] North Dakota Law Review, 83:1199-1411 (2007) (six articles).
United States Senate, Republican Policy Committee, "The Threat to Marriage from the Courts," http://rpc.senate.gov/releases/2003/jd072903.pdf (July 29, 2003)
Wardle, Lynn D. &Lincoln C. Oliphant, "In Praise of Loving: Reflections on the 'Loving Analogy' for Same-Sex Marriage," Howard Law Journal, 51:117-186 (2007)
Wardle, Lynn D. "The Judicial Imposition of Same-Sex Marriage: The Boundaries of Judicial Legitimacy and Legitimate Redefinition of Marriage," Washburn Law Journal, 50:79-107 (2010)
Wardle, Lynn D., "Legal Claims for Same-Sex Marriage: Efforts to Legitimate a Retreat from Marriage by Redefining Marriage," South Texas Law Review, 39:735-768 (June 1998)
Wardle, Lynn D. , "'Multiply and Replenish': Considering Same-Sex Marriage in Light of State Interests in Marital Procreation," Harvard Journal of Law & Public Policy, 24:771-814 (Summer2001)
Wardle, Lynn D., "What is Marriage?" Whittier Journal of Child & Family Advocacy, 6:53-103 (2006).
Wardle, Lynn D. , "A Response to the Conservative Case for Same-Sex Marriage: Same-Sex Marriage and the Tragedy of the Commons," BYU Journal of Public Law, 22:441-474 (2008)
Wilkins, Richard G., "The Constitutionality of Legal Preferences for Heterosexual Marriage", Regent University Law Review, 16:121-137 (2003-2004).
"Conference on the Constitutional and Legal Issues Presented by Same-Sex Relationships," Loyola Univ. of Chicago Law Journal, 38:215-397 (2007) (seven articles)
"Conference on Marriage, Families, and Democracy," Hofstra Law Review 32:23-421 (2003) (thirteen articles)
"Editors' Symposium: The Meaning of Marriage," San Diego Law Review, 42:821-1149 (2005) (twenty-two articles) (including pro and con on the Federal Marriage Amendment)
"Same-Sex Marriage Symposium," George Mason University Civil Rights Law Journal, 16:329-358 (2006). Transcript of a debate between two Virginia State Delegates.
"Same-Sex Marriage Symposium Issue," BYU Journal of Public Law, 18:273-693 (2004) (eleven articles)
"Single-Sex Marriage" (Symposium), Issues in Legal Scholarship, Issue 5 (inaugurated August 2004), http://www.bepress.com/ils/iss5/ (four articles)
"Symposium: Breaking with Tradition: New Frontiers for Same-Sex Marriage," Yale Journal of Law & Feminism, 17:65-308 (2005) (eight articles)
Symposium: "Constructing Family, Constructing Change: Shifting Legal Perspective on Same- Sex Relationship," Temple Political and Civil Rights Law Review, 7:245-506 (Spring 1998) (fourteen articles)
"Symposium: Gay Marriage in the Conservative Movement," South Texas Law Review, 50:1-127 (2008) (eight articles)
Symposium: "Same-Sex Couples: Defining Marriage in the Twenty-First Century," Stanford Law & Policy Review 16:1-232 (2005) (eight articles)
Symposium: "Should the Government Recognize Same-Sex Marriage?" University of Chicago Law School Roundtable, 7:1-60 (2000) (two panel sessions)
Symposium: "State Marriage Amendments," Florida Coastal Law Review, 7:181-472 (2005) (ten articles)
"Symposium 2006: Same-Sex Couples and the Exclusive Commitment: Untangling the Issues and Consequences," Rutgers Law Review, 59:221-412 (2007) (seven articles)
Oppenheimer, Elisabeth, "No Exit: The Problem of Same-Sex Divorce," North Carolina Law Review, 90:73-124 (2012)
Appell, Annette R. , "The Endurance of Biological Connection: Heteronormativity, Same-Sex Parenting and the Lessons of Adoption," BYU Journal of Public Law, 22:289-325 (2008)
Bowen, Deirdre M., "The Parent Trap: Differential Familial Power in Same-Sex Families," William & Mary Journal of Women & Law, 15:1-49 (2008).
Graham, Kathy T., "Same-Sex Couples: Their Rights as Parents, and Their Children's Rights as Children," Santa Clara Law Review, 48:999-1037 (2008).
Schumm, Walter R. "Empirical and Theoretical Perspectives from Social Science on Gay Marriage and Child Custody Issues." St. Thomas Law Review, 18:425-471 (2005)
[Symposium:] The Impact of Same-Sex Marriage on Education. BYU Education & Law Journal, 2011: 177-635.
Chambers, David L., "Polygamy and Same-Sex Marriage," Hofstra Law Review, 26:53-83 (1997)
Gher, Jaime M. "Polygamy and Same-Sex Marriage--Allies or Adversaries within the Same-Sex Marriage Movement," William & Mary Journal of Women & the Law, 14:559-603 (2008)
Kindregan, Charles P., Jr., "Religion, Polygamy, and Non-Traditional Families: disparate views on the evolution of marriage in history and in the debate over same-sex unions," Suffolk University Law Review, 41:19-48 (2007)
Strassberg, Maura I., "The Challenge of Post-Modern Polygamy: Considering Polyamory," Capital University Law Review, 31:439-563 (2003)
Alms, James; Badgett, M.V.Lee; & Whittington, Leslie A., "Wedding Bell Blues: The Income Tax Consequences of Legalizing Same-Sex Marriage," National Tax Journal, 53:201-214 (June 2000).
Black, Stephen T., "Same-Sex Marriage and Taxes," BYU Journal of Public Law, 22:327-357 (2008)
Dorocak, John R., "Same Sex Couples and the Tax Law: Tax Filing Status for Lesbians and Others," Ohio Northern Univ. Law Review, 33:19-39 (2007).
Rickey, Anthony, "Loving Couples, Split Interests: Tax Planning in the Fight to Recognize Same-Sex Marriage," Berkeley Journal of Gender Law & Justice, 23:145-180 (2008)
Seto, Theodore P., "The Unintended Tax Advantages of Gay Marriage," Washington & Lee Law Review, 65:1529-1592 (2008).
A Selection... (cont.)
Abramschmitt, Celine, "The Same-Sex Marriage Prohibition: Religious Morality, Social Science, and the Establishment Clause," FIU Law Review, 3:113-186 (2007). [not examined]
Allen, Douglas W. "An Economic Assessment of Same-Sex Marriage Laws," Harvard Journal of Law & Public Policy, 29:949-980 (2006).
American Bar Association, "A White Paper: An Analysis of the Law Regarding Same-Sex Marriage, Civil Unions, and Domestic Partnership," Family Law Quarterly, 38:339-425 (2004)
Berger, Eric, "Lawrence's Stealth Constitutionalism and Same-Sex Marriage Litigation," William & Mary Bill of Rights Journal, 21:765-820 (2013)
Boonin, David, "Same-Sex Marriage and the Argument from Public Disagreement," Journal of Social Philosophy, 30:251-259 (June 1999)
Boucai, Michæl, "Sexual Liberty and Same-Sex Marriage: An Argument from Bisexuality," San Diego Law Review, 49:415-486 (2012)
Buckley, F.H., & Larry E. Ribstein, "Calling a Truce in the Marriage Wars," University of Illinois Law Review, 2001:561-610
Cahill, Courtney Megan, "If Sex Offenders Can Marry, Then Why Not Gays and Lesbians?": an Essay on the Progressive Comparative Argument." Buffalo Law Review, 55:777-814 (2007)
Carter, Stephen L., "'Defending' Marriage: a Modest Proposal," Howard Law Journal, 41:215-228 (1998)
Christensen, Craig W., "If not marriage? On Securing Gay and Lesbian Family Values by a 'Simulacrum of" Marriage,' " Fordham Law Review, 66:1699-1784 (April 1998)
Clark, Stephen, "Same-Sex but Equal: Reformulating the Miscegenation Analogy," Rutgers Law Journal, 34:107-185 (2002)
Copeland, Charlton, "Creation Stories: Stanley Hauerwas, Same-Sex Marriage, and Narrative in Law and Theology," Law & Contemporary Problems, 75:87-113 (2012)
Culbertson, Tucker, "Arguments Against Marriage Equality: Commemorating & Reconstructing Loving v. Virginia." Washington University Law Review, 85:575-609 (2007). Argues for rights to sex and family, but against a fundamental right to marry.
Culhane, John G., "A 'Clanging Silence': Same-Sex Couples and Tort Law," Kentucky Law Journal, 89:911-996 (2001)
Culhane, John G., "Marriage Equality? First, Justify Marriage (If You Can)," Drexel Law Review, 1:485-511 (2009)
Culhane, John G., "Public Health and Marriage (Equality," in: Reconsidering Law and Policy Debates: A Public Health Perspective, edited by John G. Culhane, at 89-122 (Cambridge University Press, 2011)
Dane, Perry, "A Holy Secular Institution," Emory Law Journal, 58:1123-1194 (2009), available at http://ssrn.com/abstract=1293946
Dane, Perry, "The Intersecting Worlds of Religious and Secular Marriage," in Law and Religion: Current Legal Issues, 4:385- (Richard O'Dair & Andrew Lewis, eds., Oxford University Press 2001)
Devins, Neal, "Same-Sex Marriage and the New Judicial Federalism: Why State Courts Should Not Consider Out-of-State Backlash," in: New Frontiers of State Constitutional Law: Dual Enforcement of Norms, edited by james A. Gardner & Jim Rossi, at 81-102 (Oxford University Press, 2011)
Donovan, James, "An Ethical Argument to Restrict Domestic Partnerships to Same-Sex Couples," Law & Sexuality, 8:649-670 (1998)
Donovan, James M., "Same-Sex Union Announcements: Whether Newspapers Must Publish Them, and Why We Should Care," Brooklyn Law Review,, 68:721-807 (2003).
Donovan, James M. Comment. "Same-Sex Union Announcements: Précis on a Not So Picayune Matter," Loyola Law Review, 49:171-213 (2003).
Dubler, Ariela R. "From McLaughlin v. Florida to Lawrence v. Texas: Sexual Freedom and the Road to Marriage." Columbia Law Review, 106:1165-1187 (2006)
Duncan, William C., "Domestic Partnership Laws in the United States: A Review and Critique," Brigham Young Univ. Law Review, 2001:961-992 (part of "Symposium on the ALI Principles of the Law of Family Dissolution")
Duncan, William C., " 'The Mere Allusion to Gender' : Answering the Charge that Marriage is Sex Discrimination," St. Louis University Law Journal, 46:963-971 (2002)
Dunson, Daniel, "A Right to a Word? The Interplay of Equal Protection and Freedom of Thought in the Move to Gender-Blind Marriage," Albany Government Law Review, 5:552-612 (2012)
Eskridge, William N., Jr., "Backlash Politics: How Constitutional Litigation has Advanced Marriage Equality in the United States," Boston University Law Review, 53:275-323 (2013)
Ewing, Randall P., Jr., "Same-Sex Marriage: a Threat to Tiered Equal Protection Doctrine?" St. John's Law Review, 82:1409-1446 (2008).
Failinger, Marie A., "A Peace Proposal for the Same-Sex Marriage Wars: Restoring the Household to its Proper Place," William & Mary Journal of Women & the Law. 10:195-293 (2004)
Fletcher, Matthew L.M. "Same-Sex Marriage, Indian Tribes, and the Constitution." University of Miami Law Review, 61:53-85 (2006)
Franke, Katherine M., "The Politics of Same-Sex Marriage Politics," Columbia Journal of Gender & Law, 15:236-248 (2006).
Friedman, Lawrence, "Not the Usual Suspects: Suspect Classification Determinations and Same-Sex Marriage Prohibitions," Washburn Law Journal, 50:61-77 (2010).
Graff, Ariel Y., "Free Exercise and Hybrid Rights: an Alternative Perspective on the Constitutionality of Same-Sex Marriage Bans," University of Hawai`i Law Review, 29:23-57 (2006). Suggests religious exemption from bans on same-sex marriage.
Graham, Tiffany C., "Exploring the Impact of the Marriage Amendments: Can Public Employers Offer Domestic Partner Benefits to Their Gay and Lesbian Employees?" Virginia Journal of Social Policy & the Law, 17:83-143 (2009). Appendices give texts of state constitutional amendments, grouped by type.
Grodin, Joseph R. "Same-Sex Relationships and State Constitutional Analysis," Willamette Law Review, 43:235-249 (2007).
Hill, Natalie, "The Nature of Dependence and the Legal Recognition of Same-Sex Relationships," Alternative Law Journal, 24:170-174 (Aug.1999)
Hull, Kathleen E., "The Cultural Power of Law and the Cultural Enactment of Legality: the Case of Same-Sex Marriage," Law & Social Inquiry, 28:629-657 (2003)
Kim, Suzanne A. "Marital Naming/Naming marriage: Language and Status in Family Law," Indiana Law Journal, 85:893-953 (2010)
Kim, Suzanne A., "Toward Skeptical Marriage Equality," Rutgers School of Law-Newark Research Papers No. 060, (Dec.4, 2009)
Klarman, Michæl J. "Brown and Lawrence (and Goodridge)," Michigan Law Review, 104:431-489 (2005) Discusses Supreme Court's avoidance of SSM issue in Lawrence, at 450-452, and the backlash against SSM at 459-473. Predicts increasing support for SSM.
Knauer, Nancy J. "The Recognition of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, and Strategic Institutional Choice," University of Hawai`i Law Review, 28:23-80 (2005)
Knauer, Nancy J., "Same-Sex Marriage and Federalism," Temple Political & Civil Rights Law Review, 17:421-442 (2008).
Krause, Harry D., "Marriage for the New Millennium: Heterosexual, Same Sex--Or Not At All?" Family Law Quarterly 34:271-300 (Summer 2000)
Kubasek, Nancy K.; Jennings, Kara; & Browne, Shannon T., "Fashioning a Tolerable Domestic Partners Statute in an Environment Hostile to Same-Sex Marriages," Law & Sexuality, 7:55-85 (1997)
Kubasek, Nancy K., Alex Frondorf & Kevin J. Minnick, "Civil Union Statutes: A Shortcut to Legal Equality for Same-Sex Partners in a Landscape Littered with Defense of Marriage Acts," University of Florida Journal of Law & Public Policy, 15:229-259 (2004)
Lau, Holning, "Formalism: from Racial Integration to Same-Sex Marriage," Hastings Law Journal, 59:843-876 (2008)
Law, Sylvia A., "Who Gets to Interpret the Constitution? The Case of Mayors and Marriage Equality," Stanford Journal of Civil Rights & Civil Liberties, 3:1-52 (2007).
Lifshitz, Shahar, "A Potential Lesson from the Isræli Experience for the American Same-Sex Marriage Debate," BYU Journal of Public Law, 22:359-382 (2008)
Linton, Paul Benjamin, "Same-Sex 'Marriage' under State Equal Rights Amendments," St. Louis University Law Journal, 46:909-962 (2002)
Lipkin, Robert Justin, "The Harm of Same-Sex Marriage: Real or Imagined?" Widener Law Review 11:277-308 (2005).
Lister, Matthew, "A Rawlsian Argument for Extending Family-Based Immigration Benefits to Same-Sex Couples," University of Memphis Law Review, 37:745-780 (2007).
McClain, Linda C., "Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground?" UMKC Law Review, 77:415-455 (2008).
Mikochik, Stephen L., "The Supreme Court and the Future of Marriage." University of Detroit Mercy Law Review, 84:479-498 (2007). Mainly history of prohibitions on sodomy.
Musselman, James L., "What's Love Got to Do With It? A Proposal for Elevating the Status of Marriage by Narrowing Its Definition, While Universally Extending the Rights and Benefits Enjoyed by Married Couples," Duke Journal of Gender Law& Policy, 16:37-87 (2009).
Newman, Stephen A. "The Use and Abuse of Social Science in the Same-Sex Marriage Debate," New York Law School Law Review, 49:537-560 (2004-2005).
Nicolas, Peter, "Common Law Same-Sex Marriage," Connecticut Law Review, 43:931-947 (2011)
Novkov, Julie, "The Miscegenation/Same-Sex Marriage Analogy: What Can We Learn from Legal History? Law & Social Inquiry, 33:345-386 (2008).
O'Brien, Raymond C., "The Reawakening of Marriage," West Virginia Law Review, 102:339-391 (1999) (discusses SSM debate at 358-364)
Orth, John V., "Night Thoughts: Reflections on the Debate Concerning Same-Sex Marriage," Nevada Law Journal, 3:560-571 (2003)
Pascoe, Peggy, "Sex, Gender, and Same-Sex Marriage," in: Is Academic Feminism Dead? : Theory in Practice , edited by The Social Justice Group at The Center for Advanced Feminist Studies, University of Minnesota. ( New York University Press, 2000)
Poirier, Marc R. "Same-Sex Marriage, Identity Processes, and the Kulturkampf: Why Federalism Is Not the Main Event," Temple Political & Civil Rights Law Review, 17:387-420 (2008).
Poirier, Marc R., "The Cultural Property Claim Within the Same-Sex Marriage Controversy," Columbia Journal of Gender & Law, 17:343-418 (2008).
Poirier, Marc R., "Gender, Place, Discursive Space: Where Is Same-Sex Marriage?" FIU Law Review, 3:307-339 (2008).
Poirier, Marc R., "Microperformances of Identity: Visible Same-Sex Couples and the Marriage Controversy," Washington & Lee Journal of Civil Rights & Social Justice 15:3-84 (2008).
Posner, Richard A. "Should There Be Homosexual Marriage? And If So, Who Should Decide?" Michigan Law Review, 95:1578-1587 (May 1997). Review of Eskridge book.
Redding, Jeffrey A. "Dignity, Legal Pluralism, and Same-Sex Marriage." Brooklyn Law Review, 75:791-863 (2010). Argues for " 'separate and better' gay and lesbian alternatives to majoritarian (heterosexual) marriage."
Redding, Richard E. "It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, and the Psychology of Disgust. " Duke Journal of Gender Law & Policy, 15:127-193 (2008)
Ribstein, Larry E. , "A Standard Form Approach to Same Sex Marriage" (September 2004). University of Illinois Legal Working Paper Series. University of Illinois Law and Economics Working Papers, Working Paper 9. http://law.bepress.com/uiuclwps/papers/art9, published Creighton Law Review, 38:309-335 (2005)
"Rights & Wrongs: Morality in the Gay Marriage Debate." Georgetown Journal of Gender & Law, 9:337-377 (2008)
Robson, Ruthann, "Assimilation, Marriage, and Lesbian Liberation," Temple Law Review, 75:709-820 (2002).
Romero, Victor C., "Asians, Gay Marriage, and Immigration: Family Unification at a Crossroads. Indiana International & Comparative Law Review, 15:337-347 (2005).
Rosky, Clifford J., "Perry v. Schwarzenegger and the Future of Same-Sex Marriage Law," Arizona Law Review, 53:913-983 (2011)
Sáez, Macarena, "Same-Sex Marriage, Same-Sex Cohabitation, and Same-Sex Families around the World: Why 'Same' is So Different," American University Journal of Gender, Social Policy & the Law, 19:1-54 (2011)
"Same Sex Marriage and Its Implications for Employee Benefits: Proceedings of the 2005 Meeting of the Association of American Law Schools Sections on Employee Benefits, and Sexual Orientation and Gender Identity Issues," Employee Rights & Employment Policy Journal, 9:499-520 (2005).
Schelberg, Neal S. and Carrie L. Mitnick, "Same-Sex Marriage: the Evolving Landscape for Employee Benefits," Hofstra Labor & Employment Law Journal, 22:65-80 (2004).
"Scholars' Conference on Same-Sex Marriage and Religious Liberty," The Beckett Fund for Religious Liberty, May 4, 2006.
Schragger, Richard C. "Cities as Constitutional Actors: the Case of Same-Sex Marriage," Journal of Law & Politics, 21:147-185 (2005). Argues for local authority to determine marriage eligibility.
Simson, Gary J., "Religion by Any Other Name? Prohibitions on Same-Sex Marriage and the Limits of the Establishment Clause,Columbia Journal of Gender & Law, 23:132-201 (2012). Concludes that bans on same-sex marriage violate the Establishment Clause.
Spitz, Laura, "At the Intersection of North American Free Trade and Same-Sex Marriage," UCLA Journal of International Law & Foreign Affairs, 9:163-226 (2004)
"Symposium Issue: Making Constitutional Change: The Past, Present, and Future Role of Perry v. Brown," New York University Review of Law & Social Change, v.37 no.1 (2013), http://socialchangenyu.com/archives/2013-2/volume-37-issue-1/ (29 articles); see also http://socialchangenyu.com/symposium/learn-more/ for time-line, transcripts and briefs.
"Symposium: Updating the LGBT Intracommunity Debate Over Same-Sex Marriage," Rutgers Law Review, 61:493-593 (2009) (four articles)
Titshaw, Scott, "The Reactionary Road to Free Love: How DOMA, State Marriage Amendments, and Social Conservatives Undermine Traditional Marriage," West Virginia Law Review, 115:205-304 (2012)
Tribe, Laurence H., and Joshua Matz, "An Ephemeral Moment: Minimalism, Equality, and Federalism in the Struggle for Same-Sex Marriage Rights," Review of Law & Social Change, 37:199-212 (2013)
Vetri, Dominick, "Almost Everything You Always Wanted to Know about Lesbians and Gay Men, Their Families, and the Law," Southern University Law Review, 26:1-91 (Nov.1998)
Waldman, Ari Ezra, "Marriage Rights and the Good Life: A Sociological Theory of Marriage and Constitutional Law," Hastings Law Journal , 64:739-780 (2013)
Widiss, Deborah A., "Changing the Marriage Equation," Washington University Law Review, 89:721-794 (2012). Discusses same-sex marriage starting at 771.
Williams, Norman R., "Executive Review in the Fragmented Executive: State Constitutionalism and Same-Sex Marriage," University of Pennsylvania Law Review, 154:565-648 (2006). At 577-589, discusses actions of Governors of California and Oregon regarding SSM.
Yordy, Eric D., "Caught in the Clause: An Analysis of Same-Sex Marriage Through the Lens of the Establishment Clause," Tulane Journal of Law & Sexuality, 22:55-89 (2013)
Statement of the Attorney General on Litigation Involving the Defense of Marriage Act, Feb. 23, 2011 http://www.justice.gov/opa/pr/2011/February/11-ag-222.html (announcing that the Department of Justice "will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples")
"Defense of Marriage Act," Pub. L. 104-199, 110 Stat. 2419 (approved Sept.21,1996) (codified at 1 U.S.C. §7, 28 U.S.C. §1738c) Enrolled bill: http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.3396.ENR: (For legislative history of DOMA, see my earlier pathfinder "Same Sex Marriage" (1996) at http://www-rci.rutgers.edu/~axellute/ssm.htm#doma)
"Marriage Protection Act of 2007," H.R. 724, 110th Congress (introduced Jan.30,2007 by Rep. Burton), would prohibit federal court review of validity or interpretation of DOMA.
"State Regulation of Marriage is Appropriate Act," H.R. 2677, 108th Cong. (introduced July 9, 2003 by Rep. Frank), would repeal 1 U.S.C. §7.
Federal Court Decisions
In re Kandu, 315 B.R. 123,(Bkrcy., W.D. Wash. Aug.17,2004), opinion available at https://www.courtlistener.com/opinion/1551683/in-re-kandu/ Rejecting various constitutional challenges to DOMA, Judge Paul B. Snyder of the U.S. Bankruptcy Court for the Western District of Washington dismissed a joint bankruptcy petition by two women, U.S. citizens, who had been married in British Columbia.
Smelt v. County of Orange, 374 F.Supp.2d 861 (C.D. Cal. June 16, 2005), opinion available on Court Listener website at https://www.courtlistener.com/opinion/2398067/smelt-v-county-of-orange/. Held that §3 of DOMA is constitutional; plaintiffs lacked standing to challenge §2 of DOMA; and abstained from deciding constitutionality of California's man-woman marriage statute pending completion of review in state courts. Affirmed in part, vacated in part, by:
Smelt v. County of Orange, 447 F.3d 673, (9th Cir. May 5, 2006), cert. denied by U.S.Supreme Court, Oct.10,2006. Abstained from deciding federal constitutional challenge to Calif. Family Code, and found plaintiff lacked standing to challenge federal Defense of Marriage Act.
Gill v. Office of Personnel Management, No.1:09-cv-10309-JLT (D. Mass. July 8, 2010), available on the Commonwealth of Massachusetts website at www.mass.gov/ago/doma/gill-v-opm-decision.pdf U.S. District Court held that Section 3 of DOMA was unconstitutional as applied to plaintiffs. Affirmed under the name Commonwealth of Massachusetts v. U.S. Dep't of Heath & Human Services, No.10-2204 (1st Cir. May 31, 2012), http://caselaw.findlaw.com/us-1st-circuit/1601712.html (with holding stayed pending Supreme Court appeal). For further documents on this case and on the case Pedersen v. Office of Personnel Management No. 310 CV 1750 (VLB) (D. Conn.), see GLAD website at http://www.glad.org/doma/.
Commonwealth of Massachusetts v. Department of Health & Human Services, No.1:09-cv-11156-JLT (D. Mass. July 8, 2010), available at http://lawprofessors.typepad.com/files/massachusetts-doma-decision.pdf. U.S. District Court held Section 3 of DOMA unconstitutional under Tenth Amendment. See further under Gill v. OPM above.
Windsor v. United States, 833 F. Supp. 2d 394 (S.D.N.Y. June 12, 2012), available at http://lawprofessors.typepad.com/files/windsor_doma.pdf, declared DOMA section 3 unconstitutional as applied. Affirmed, 699 F.3d 169 (2d Cir. Oct.18, 2012), available at https://www.aclu.org/files/assets/windsor_2d_cir_opinion_pdf.pdf; Affirmed, No.12-307 (U.S. Supreme Court, June 26, 2013), http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf
Books and Articles
Araujo, Derek C. "A Queer Alliance: Gay Marriage and the New Federalism," Rutgers Journal of Law & Public Policy, 4(1):200-263 (Fall 2006), http://www.rutgerspolicyjournal.org/journal/vol4no1/JLPP_Fall_2006_Araujo.pdf
Baker, Joshua and William C. Duncan, "As Goes DOMA...Defending DOMA and the State Marriage Measures," Regent University Law Review, 24:1-47 (2011)
Barkacs, Linda L.; Sherry S. Tehrani, and Craig B. Barkacs, "Divorcing the Defense of Marriage Act: Judicial Tensions in Upholding the Legislated Preclusion of Federal Same-Sex Marital Rights," Labor & Employment Law Forum, 3:88-119 (2013)
Batts, Deborah A., "Introduction: Repeal DOMA," Human Rights, 30(3):2 (Summer 2003) (American Bar Association, Section of Individual Rights and Responsibilities)
Cossman, Brenda, "Betwixt and Between Recognition: Migrating Same-Sex Marriages and the Turn Toward the Private. Law & Contemporary Problems, 71(3):153-168 (Summer 2008).
Cox, Stanley E.,"Nine Questions About Same-Sex Marriage Conflicts," New England Law Review, 40:361-408 (2006)
Fruehwald, Scott, "Choice of Law and Same-Sex Marriage," Florida Law Review, 51:799-850 (Dec.1999).
Gardina, Jackie, "The Perfect Storm: Bankruptcy, Choice of Law, and Same-Sex Marriage." Boston University Law Review, 86:881-930 (2006).
Gerhardt, Michæl J., "The Constitutional Limits to Court-Stripping," Lewis & Clark Law Review, 9:347-362 (2005). Argues that the proposed Marriage Protection Act (supra) is unconstitutional. (See also companion article by Redish.)
Graham, Kathy T., "Same-Sex Unions and Conflicts of Law: When 'I Do' May be Interpreted as 'No, You Didn't!'," Whittier Journal of Child & Family Advocacy, 3:231-283 (2004)
Kersch, Ken I., "Full Faith and Credit for Same-Sex Marriages?" Political Science Quarterly, 112:117-136 (Spring 1997)
Knauer, Nancy J., "Same-Sex Marriage and Federalism," Temple Political & Civil Rights Law Review, 17:421-442 (2008).
Koppelman, Andrew, "Dumb and DOMA: Why the Defense of Marriage Act is Unconstitutional," Iowa Law Review, 83:1-33 (Oct.1997)
Koppelman, Andrew, "Same-Sex Marriage, Choice of Law, and Public Policy," Texas Law Review, 76:921-1001 (April 1998).
Koppelman, Andrew, "Interstate Recognition of Same-Sex Marriages and Civil Unions: a Handbook for Judges," University of Pennsylvania Law Review, 153: 2143-2194 (2005). (part of Symposium, "Current Debates in the Conflict of Laws")
Koppelman, Andrew, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press, 2006)
Kramer, Larry, "Same Sex Marriage, Conflict of Laws, and the Unconstitutional Public Policy Exemption," Yale Law Journal, 106:1965-2008 (1997)
Kubasek, Nancy; Christy Glass; & Kate Cook, "Amending the Defense of Marriage Act: A Necessary Step toward Gaining Full Legal Rights for Same-Sex Couples," American University Journal of Gender, Social Policy & the Law, 19:959-986 (2011)
McLaughlin, Julia Halloran "DOMA and the Constitutional Coming Out of Same-Sex Marriage," Wisconsin Journal of Law, Gender & Society, 24:145-203 (2009)
Redish, Martin H., "Same-Sex Marriage, the Constitution, and Congressional Power to Control Federal Jurisdiction: Be Careful What You Wish For," Lewis & Clark Law Review, 9:363-380 (2005). (See also companion article by Gerhardt.)
Rensberger, Jeffrey L., "Interstate Pluralism: the Role of Federalism in the Same-Sex Marriage Debate," BYU Law Review 2008:1703-1807.
Rizzo, Christopher, " Banning State Recognition of Same-Sex Relationships: Constitutional Implications of Nebraska's Initiative 416," Journal of Law & Policy, 11:1-66 (2002).
Rogers, W. Sherman, "The Constitutionality of the Defense of Marriage Act and State Bans on Same-Sex Marriage: Why They Won't Survive," Howard Law Journal, 54:125-174 (2010).
Rosen, Mark D. "Why the Defense of Marriage Act is Not (Yet?) Unconstitutional: Lawrence, Full Faith and Credit, and the Many Societal Actors that Determine what the Constitution Requires," Minnesota Law Review, 90:915-1001 (2006).
Sanders, Steve, "The Constitutional Right to (Keep Your) Same-Sex Marriage," Michigan Law Review, 110:1421-1481 (2012)
Silberman, Linda, "Same-Sex Marriage: Refining the Conflict of Laws Analysis," University of Pennsylvania Law Review, 153:2195-2214 (2005). (part of Symposium, "Current Debates in the Conflict of Laws")
Simson, Gary J., "Beyond Interstate Recognition in the Same-Sex Marriage Debate," University of California Davis Law Review, 40:313-383 (2006).
Singer, Joseph William, "Same Sex Marriage, Full Faith and Credit, and the Evasion of Obligation," Stanford Journal of Civil Rights & Civil Liberties, 1:1-50 (2005).
Strasser, Mark, "Interstate Marriage Recognition and the Right to Travel," Wisconsin Journal of Law, Gender & Society, 25:1-34 (2010)
Strasser, Mark, "Life After DOMA," Duke Journal of Gender Law & Policy, 17:399-424 (2010)
Strasser, Mark, "Marriage, Transsexuals, and the Meaning of Sex: on DOMA, Full Faith and Credit, and Statutory Interpretation," Houston Journal of Health Law & Policy, 3:301-330 (2003).
Strasser, Mark, "Tribal Marriages, Same-Sex Unions, and an Interstate Recognition Conundrum," Boston College Third World Law Journal, 30:207-237 (2010)
"Symposium: Defense of Marriage Act: Law, Policy, and the Future of Marriage," Fordham Law Review, 81:537-836 (2012) (twelve articles)
"Symposium: Interjurisdictional Recognition of Civil Unions, Domestic Partnerships, and Benefits," Ave Maria Law Review, 3:393-684 (2005)
"Symposium on Interjurisdictional Marriage Recognition," Creighton Law Review, 32:3-485 (Oct.1998) and 32:1063-1083 (Apr.1999) (fourteen articles)
"Symposium on the Implications of Lawrence and Goodridge for the Recognition of Same-Sex Marriages and the Validity of DOMA," Creighton Law Review, 38:233-543 (2005) (thirteen articles)
Wardle, Lynne D.. "From Slavery to Same-Sex Marriage: Comity Versus Public Policy in Inter-Jurisdictional Recognition of Controversial Domestic Relations," BYU Law Review, 2008:1855-1926
Wolff, Tobias Barrington, "Interest Analysis in Interjurisdictional Marriage Disputes," University of Pennsylvania Law Review, 153:2215-2250 (2005). (part of Symposium, "Current Debates in the Conflict of Laws")
H.J.Res. 56, 108th Cong. (introduced May 21, 2003 by Rep. Musgrave), and S.J.Res. 26, 108th Cong. (introduced Nov.25,2003 by Sen. Allard), would have added this language to the Constitution:
Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the Constitution of any State, nor State or Federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
H.J. Res. 39, 109th Cong. (introduced March 17, 2005 by Rep. Lungren) would add this language to the Constitution:
SECTION 1. Marriage in the United States shall consist only of a legal union of one man and one woman.
SECTION 2. No court of the United States or of any State shall have jurisdiction to determine whether this Constitution or the constitution of any State requires that the legal incidents of marriage be conferred upon any union other than a legal union between one man and one woman.
SECTION 3. No State shall be required to give effect to any public act, record, or judicial proceeding of any other State concerning a union between persons of the same sex that is treated as a marriage , or as having the legal incidents of marriage , under the laws of such other State.
S.J. Res.1, 109th Cong. (introduced Jan.24, 2005 by Senator Allard), would add this language to the Constitution:
Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman
S. J. Res. 13, 109th Cong. (introduced Apr.14, 2005 by Sen. Brownback) would add this language to the Constitution:
SECTION 1. Marriage in the United States shall consist only of the union of a man and a woman.
SECTION 2. Congress shall have the power to enforce this article by appropriate legislation.
Barr, Bob, "Leave Marriage to the States" Washington Post, Aug.21, 2003.
"Institution of Marriage Amendment," proposed by Concerned Women of America, text in CWA press release, Feb.6,2004
Mulshine, Paul, " . . . Or forever hold your peace," Star-Ledger, Feb.24, 2004, p.27. Proposes an amendment more conservative than H.J. Res. 56.
Judicial Activism vs. Democracy: What are the National Implications of the Massachusetts Goodridge Decision and the Judicial Invalidation of Traditional Marriage Laws? Hearing before U.S. Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Property Rights, March 3, 2004. Testimony and member statements available on Committee website at http://judiciary.senate.gov/hearing.cfm?id=1072.
Oversight Hearing on "The Defense of Marriage Act," U.S. House of Representatives Committee on the Judiciary, Subcommittee on the Constitution, March 30, 2004. Testimony and webcast available on Subcommittee website, http://www.house.gov/judiciary/constitution.htm
Duncan, William C., "The Case for a Federal Marriage Amendment to the Constitution, Civil Rights, Religion & Same-Sex Marriage: Where Are We Going?" Thurgood Marshall Law Review, 30:145-167 (2004)
"Symposium: Federal Marriage Amendment: Yes or No?" University of St. Thomas Law Journal, 2:1-223 (2004). (six articles)
"Symposium Issue: Same Sex Marriage: The Constitutional Debate," Hastings Constitutional Law Quarterly, 32:637-736 (2004/2005). (five articles)
Kaplan, Joshua, "Unmasking the Federal Marriage Amendment: the Status of Sexuality," Georgetown Journal of Gender & Law, 6:105-141 (2005).
Krotoszynski, Ronald J., Jr. & E. Gary Spitko, "Navigating Dangerous Constitutional Straits: a Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities," University of Colorado Law Review, 76:599-652 (2005)
"Federal Marriage Protection Amendment Symposium" BYU Journal of Public Law, 20:195-548 (2006) (eleven articles)
Wilkinson, J. Harvie III, "Gay Rights and American Constitutionalism: What's a Constitution For?" Duke Law Journal, 56:545-581 (2006).
A Selection... (cont.)
Brause v. Bureau of Vital Statistics, 1998 WL 88743 (Alaska Super. Ct. 1998) Held that "marriage, i.e., the recognition of one's choice of a life partner, is a fundamental right. The state must therefore have a compelling interest that supports its decision to refuse to recognize the exercise of this fundamental right by those who choose same-sex partners rather than opposite- sex partners."
Alaska Const. Art I, §25: "To be valid or recognized in this State, a marriage may exist only between one man and one woman." (added 1998, eff. Jan.3,1999)
Clarkson, Kevin G., Collidge, David Orgon, & Duncan, William C., "The Alaska Marriage Amendment: the People's Choice on the Last Frontier," Alaska Law Review, 16:213-268 (1999).
Standhardt v. Superior Court ex rel. County of Maricopa, 77 P.3d 451 (Ariz. Ct. App. Div.1, Oct.8, 2003), opinion available at http://caselaw.findlaw.com/az-court-of-appeals/1346614.html. The Court of Appeal held that same-sex couples did not have a fundamental constitutional right to marry, and that " the State has a legitimate interest in encouraging procreation and child-rearing within the marital relationship, and that limiting marriage to opposite-sex couples is rationally related to that interest." The plaintiffs said they would file an appeal to the Arizona Supreme Court in early December.
Marriage Equality California, http://www.eqca.org.
California Statutes 1999, ch.588 (AB 26), relating to domestic partnerships, added Calif. Family Code §297 et seq., Calif. Gov't Code §22867 et seq., and Calif. Health & Safety Code §1261. The domestic partnership laws were expanded and amended by Calif. Statutes 2001 c. 893 (AB 25). The full text of each act can be retrieved by entering the year and chapter number at http://www.leginfo.ca.gov/statute.html.
Blumberg, Grace Ganz, "Legal Recognition of Same-Sex Conjugal Relationships: the 2003 California Domestic Partner Rights and Responsibilities Act in Comparative Civil Rights and Family Law Perspective," UCLA Law Review 51:1555-1617 (2004).
Woo v. Lockyer, No. CPF-04-504030, Complaint, filed March 12, 2004, in Calif. Superior Court for County of San Francisco
Lockyer v. City and County of San Francisco, 33 Cal. 4th 1055, 95 P.3d 459, 17 Cal. Rptr. 3d 225 (Aug.12, 2004), retrievable at California Courts web site http://www.lexisnexis.com/clients/CACourts/?. The California Supreme Court declared invalid the same-sex marriages that had been performed, because local officials were not authorized to act on their own non-judicial determination of unconstitutionality of the marriage statute's limitation to opposite-sex couples.
Defendants' Preliminary Opposition to Petitions for Writ of Mandate, Marriage Cases: City and County of San Francisco v. State of California, Case No. 429-539, Judicial Council Coordination Proceeding No. 4365 (October 8, 2004), http://www.courts.ca.gov/documents/05Rymer_Opening_Brief_on_the_Merits.pdf
"Religious Freedom and Civil Marriage Protection Act," Calif. Assembly Bill 19, as introduced Dec. 6, 2004, http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0001-0050/ab_19_bill_20041206_introduced.html
Marriage Cases, Judicial Council Coordination Proceeding No. 4365, Tentative Decision (Calif. Superior Court, County of San Francisco, March 14, 2005), held that California statutes precluding same-sex marriage violated the equal protection clause of the state constitution. This holding was reversed by the Court of Appeal Oct.5, 2006, but the Court of Appeal decision was in turn reversed by the Supreme Court on May 15, 2008 .
Smelt v. County of Orange (C.D. Cal. June 16, 2005): see supra under DOMA.
Assembly Bill 849, "Religious Freedom and Civil Marriage Protection Act," enrolled version, Sept. 6,2005, http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0801-0850/ab_849_bill_20050907_enrolled.html Governor's veto message (Sept.29, 2005): http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0801-0850/ab_849_vt_20050929.html
Koebke v. Bernardo Heights Country Club, 36 Cal.4th 824, 115 P.3d 1212, 31 Cal.Rptr.3d 565 (Cal. Aug.1, 2005), "... a business that extends benefits to spouses it denies to registered domestic partners engages in impermissible marital status discrimination."
Elisa B. v. Superior Court, 37 Cal.4th 108, 117 P.3d 660, 33 Cal.Rptr.3d 46; K.M. v. E.G., 37 Cal.4th 130, 117 P.3d 673, 33 Cal.Rptr.3d 61 ; and Kristine H. v. Lisa R., 37 Cal.4th 156, 117 P.3d 690, 33 Cal.Rptr.3d 81 (Cal. Aug.22, 2005). Three companion cases holding that both members of a lesbian couple are lawful parents, subject to laws on child custody and support.
Smelt v. County of Orange, No. 05-56040 (9th Cir. May 5, 2006), see supra under DOMA.
>In re Marriage Cases, Nos. A110449 etc.[six consolidated appeals] 49 Cal.Rptr.3d 675,(Calif. Court of Appeal, First Appellate District, Oct.5, 2006). By a 2 to 1 vote, upheld law limiting marriage to opposite-sex couples, reversing lower court decision. This holding was reversed by the Supreme Court. See below.
"Brief of Amici Curiæ Asian American Bar Association of the Greater Bay Area & 62 Asian Pacific American Organizations in Support of Respondents Challenging the Marriage Exclusion," UCLA Asian Pacific American Law Journal, 14:33-53 (2008-09)
>In re Marriage Cases, 43 Cal.4th 757, 183 P.3d 384, 76 Cal.Rptr.3d 683 ( May 15, 2008). In a 4 to 3 decision, the California Supreme Court held that laws limiting marriage to opposite-sex couples were unconstitutional.
Proposition 8, passed in the Nov.4, 2008 election, adds to Article I of the California constitution: "Section 7.5: Only marriage between a man and a woman is valid or recognized in California."
Strauss v. Horton - Amended Petitition for Extraordinary Relief (filed by National Center for Lesbian Rights, Nov.5, 2008), http://www.aclu.org/pdfs/lgbt/ca_prop8_writpetition.pdf. Urges Supreme Court to invalidate Proposition 8 if it passes, on the ground that the initiative process " was improperly used in an attempt to undo the constitution's core commitment to equality . . ."
Alquist, Amanda, "The Honeymoon Is Over, Maybe For Good: The Same-Sex Marriage Issue Before the California Supreme Court," Chapman Law Review, 12:23-46 (2008)
"Judicial Activism: Same Sex Marriage and the Aftermath of California's Prop. 8," Nexus: Chapman's Journal of Law & Policy, 14:1-124 (2009) (seven articles)
Perry v. Schwarzenegger, No. CV 09-2292, complaint filed in U.S. District Court for the Northern District of California, May 22, 2009, seeking to have Proposition 8 declared violative of the U.S. Constitution; available at https://www.scribd.com/document/15841006/Perry-v-Schwarzenegger-Complaint. Motion for Preliminary Injunction, filed May 27, 2009.
Strauss v. Horton, Nos. S168047, S168066, S168078 (Calif. Supreme Court, May 26, 2009), https://www.aclunc.org/sites/default/files/asset_upload_file188_8470.pdf upheld the opposite-sex definition of marriage adopted under Proposition 8 but held that same-sex marriages entered into before the effective date of that definition are still valid.
>Perry v. Schwarzenegger,, No. CV 09-2292 VRW, decision of U.S. District Court (N.D.Calif. Aug.4, 2010),https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf, held Proposition 8 unconstitutional under Due Process and Equal Protection clauses. Affirmed under the name Perry v. Brown, 671 F.3d 1072, U.S. Court of Appeals for the Ninth Circuit, Feb. 7, 2012, http://www.ca9.uscourts.gov/datastore/general/2012/02/07/1016696com.pdf; . Vacated and remanded under the name Hollingsworth v. Perry, No.12-144 (U.S. Supreme Court, June 26, 2013), holding that the petitioners did not have standing.
Love Makes a Family, http://www.lmfct.org.
Connecticut Designated Representatives Law, Public Act 02-105, http://www.cga.ct.gov/2002/act/Pa/2002PA-00105-R00HB-05763-PA.htm (June 3, 2002).
Connecticut General Assembly, Judiciary Commiteee, "Pursuant to Section 16 of P.A. 02-105," http://www.cga.state.ct.us/jud/PA02-105.htm, testimony from hearings, and reports on various topics relating to same sex marriage and civil unions may only be available by contacting the committee's staff..
"Same Sex Partners in Connecticut" (Backgrounder) (Oct.5,2002), http://www.cga.ct.gov/2002/olrdata/jud/rpt/2002-R-0834.htm
Connecticut Civil Union Act, Public Act No. 05-10, approved April 20, 2005 (effective Oct.1,2005) http://www.cga.ct.gov/2005/act/Pa/2005PA-00010-R00SB-00963-PA.htm, primarily codified at Conn. General Statutes Title 46B, Chapter 815F, §§46b-38aa to -38pp
Conn. Attorney General Opinion No. 2005-024 (Sept.20,2005), http://www.ct.gov/ag/cwp/view.asp?A=1770&Q=302438: Connecticut will recognize civil unions and domestic partnerships from other states, but not same-sex marriages.
Kerrigan v. State, No. NNH CV 04 400181 (Conn. Superior Court, Judicial District of New Haven, July 12, 2006). Denied plaintiffs' motion for summary judgment, saying that the state constitution required only equal protection and due process, not "equivalent nomenclature for such protection and process." (For other documents in this case on the GLAD web site, see http://www.glad.org/work/cases/kerrigan-mock-v-connecticut-dept-of-public-health/) Reversed by:
Kerrigan v. State, No. SC 17716 (Conn. Supreme Court, "officially released" Oct. 28, 2008, actually released Oct. 10, 2008), opinion at http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR289/289CR152.pdf holding 4 to 3 that same-sex couples cannot constitutionally be denied the freedom to marry. Dissenting opinions at http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR289/289CR152E.pdf (Borden, J.), . . . /289CR152F.pdf (Vertefeuille, J.), and . . . /289CR152G.pdf (Zarella, J.).
Marriage Codification Act, Senate Bill No. 899, approved by the Governor on April 23, 2009, text available at http://www.cga.ct.gov/2009/TOB/S/2009SB-00899-R00-SB.htm
"Commentary," Connecticut Law Review, 41(5): (July 2009) (five articles responding to decision in Kerrigan ):
- Bennett Klein & Daniel Redman,"From Separate To Equal: Litigating Marriage Equality In A Civil Union State "
- Suzanne B. Goldberg, "Marriage As Monopoly: History, Tradition Incrementalism, And The Marriage/Civil Union Distinction "
- Marc R. Poirier, "Name Calling: Identifying Stigma In The 'Civil Union'/ 'Marriage' Distinction "
- Susan R. Schmeiser, "Changing the Immutable"
- Darren Lenard Hutchinson, "Sexual Politics and Social Change "
H.B. 75, https://static.votesmart.org/static/billtext/44599.pdf, approved May 7, 2013, allowing same-sex marriage.
"Religious Freedom and Civil Marriage Equality Amendment Act of 2009," Act No. B18-0482 (effective Mar.3, 2010) http://www.dcwatch.com/council18/18-482.htm
Ash v. Forman, No. 0403279, Complaint, Feb. 25, 2004 (Fla. Cir. Ct., 17th Judicial Circ.), 2004 WL 368099. Suit attacking Florida's restriction of marriage to opposite-sex couples as unconstitutional.
Shahar v. Bowers, 114 F.3d 1097 (11th Cir. 1997) (en banc, 8 to 4 decision), https://law.resource.org/pub/us/case/reporter/F3/114/114.F3d.1097.93-9345.html Bowers, the Attorney General of the State of Georgia, revoked a job offer to attorney Shahar after learning of her intent to marry another woman. Shahar asserted violations of her federal constitutional rights. The majority of the court upheld the revocation of the job offer. (A supplemental opinion, denying a motion to supplement the record, appears at 13 I.E.R.Cas.(BNA) 539.
Bæhr v. Lewin, 74 Haw. 530, 645, 852 P.2d 44 (1993),http://gaymarriage.procon.org/sourcefiles/baehr-v.-lewin-gay-marriage-case-hawaii.pdf . The Hawaii Supreme Court held that, although there was not a fundamental constitutional right of persons of the same sex to marry, the sex-based classification in the Hawaii marriage statute was subject to "strict scrutiny" and would be presumed unconstitutional unless the state could demonstrate that it furthered a compelling state interest.
Bæhr v. Miike, 80 Haw. 341, 910 P.2d 112 (Jan.23,1996) (affirming Circuit Court's order denying permission for Church of Latter Day Saints to intervene).
Bæhr v. Miike, No.91-1394-05, 1996 WL 694235,https://web.stanford.edu/~mrosenfe/Baehr_v_Miike_Hawaii_1996.pdf (Haw. Cir. Ct. Dec.3,1996), aff'd, 87 Haw.34, 950 P.2d 1234 (1997) (Table), rev'd, 92 Haw. 634, 994 P.2d 566 (1999) (Table No. 20371). The Circuit Court decision held that the sex-based classification in the Hawaii marriage statute was unconstitutional, and enjoined the state from denying a marriage license solely because the applicants were of the same sex. This decision was reversed by the Supreme Court without opinion, after the passage of the constitutional amendment noted below in 1998.
Hawaii Reciprocal Beneficiaries Act (Laws of 1997, ch.383): Detailed information on this law is available at the Marriage Project Hawaii website, http://members.tripod.com/~MPHAWAII/. The provisions for registration and termination of reciprocal beneficiary relationships are codified at Hawaii Revised Statutes § 572C, http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0572C/
Hawai'i Constitution Art.I sec.23: "The legislature shall have the power to reserve marriage to opposite-sex couples." (ratified Nov.3,1998).
Goldberg-Hiller, Jonathan, "The Status of Status: Domestic Partnership and the Politics of Same-Sex Marriage," Studies in Law Policy & Society, 19:3-38 (1999) [call no. K18.E837 ]
Silverstein, Helena, "Benign Neglect: Affirmative Action, Same-Sex Marriage, and the Underlying Conservatism of Bæhr v.Lewin," Studies in Law Policy & Society, 19:39-62 (1999) [call no. K18.E837 ]
"Symposium: Same-Sex Marriage: the Debate in Hawai'i and the Nation," University of Hawai'i Law Review, 22:1-235 (spring 2000) (three articles)
Hawaii Senate Bill No. 232 (S.D.1, H.D.1, June 9, 2011), relating to civil unions, http://www.capitol.hawaii.gov/session2011/Bills/SB232_HD1_.HTM, enacted Feb.24, 2011, effective Jan.1, 2012.
Hawaii Marriage Equality Act, http://www.capitol.hawaii.gov/splsession2013b/SB1_HD1_.pdf enacted Nov 14, 2013.
Religious Freedom and Marriage Fairness Act, SB0010 Enrolled, http://www.ilga.gov/legislation/98/SB/PDF/09800SB0010lv.pdf, allows same-sex marriage effective June 2014.
Morrison v. Sadler, 821 N.E.2d 15 (Indiana Court of Appeals, Jan.20,2005), http://www.state.in.us/judiciary/opinions/arhregfchive/01200504.mpb.html, held that Indiana Constitution does not require recognition of same-sex marriage.
Varnum v. Brien, No. CV5965 (Iowa District Court, Polk County, Aug.30, 2007),http://www.lambdalegal.org/in-court/legal-docs/varnum_ia_20070830_decision-ia-dist-ct, held that same-sex couples must be permitted to enter into civil marriage. For other information and documents in the case, see the Lambda Legal site at http://www.lambdalegal.org/our-work/in-court/cases/varnum.html. The decision was unanimously confirmed by the Iowa Supreme Court, in Varnum v. Brien, No. 07-1499 (Apr.3,2009),http://www.iowacourts.gov/wfData/files/Varnum/07-1499(1).pdf
Goldberg, Suzanne B., Sarah Hinger and Keren Zwick, "Equality Opportunity: Marriage Litigation and Iowa's Equal Protection Law," Journal of Gender Race & Justice, 12:107-126 (2008). (pages 113-126 are amicus brief)
Louisiana Constitution, Article XII, Section 15, added by statewide election Sept.18,2004, provides:
Marriage in the state of Louisiana shall consist only of the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.
An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom, Public Law, Chapter 82, http://www.mainelegislature.org/legis/bills/bills_124th/chapters/PUBLIC82.asp (approved May 6, 2009, but repealed by the voters November 3, 2009)
An Act To Allow Marriage Licenses for Same-sex Couples and Protect Religious Freedom, http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/IB000301.asp (approved by voters Nov. 6, 2012)
Deane v. Conaway, No. 24-C-04-005390 (Baltimore MD Circuit Ct., Jan.20,2006), opinion available at http://www.equalitymaryland.org/pdfs/deane_polyak_bcc_decision.pdf. Struck down state statute against same-sex marriage. Holding was stayed pending appeal, and was reversed by: Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (Sept.18, 2007), http://mdcourts.gov/opinions/coa/2007/44a06.pdf, leaving in force laws restricting marriage to opposite-sex couples. For other case documents on the Equality Maryland web site, see http://www.equalitymaryland.org/issues/marriage/marriageequality_documents.htm.
"Marriage: Whether Out-of-State Same-Sex Marriage That Is Valid In The State of Celebration May Be Recognized in Maryland," Attorney General's Opinion, Feb. 23, 2010, http://www.oag.state.md.us/Opinions/2010/95oag3.pdf
Civil Marriage Protection Act, Laws of 2012 Chapter 2 (House Bill 438) (approved March 1, 2012, and approved by voters Nov. 2012), http://mlis.state.md.us/2012rs/chapters_noln/Ch_2_hb0438T.pdf. Allows same-sex marriages.
"Mass. Law About Same-Sex Marriage,"http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/gaymarriage.html (Mass. Trial Court Libraries)
Herdlein, Wendy, "Something Old, Something New: Does the Massachusetts Constitution Provide for Same-Sex 'Marriage'?" Boston Univ. Public Interest Law Journal,12:137-182 (2002)
Goodridge v. Department of Public Health, 440 Mass. 309, 798 N.E.2d 941 (Nov.18,2003. (Opinion can be accessed in the Opinion Archive at http://www.massreports.com/opinionarchive/.) The Supreme Judicial Court "construe[d] civil marriage to mean the voluntary union of two persons as spouses, to the exclusion of all others," and declared that "barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution." The court stayed the entry of judgment for 180 days to permit the Legislature to take appropriate action.
On December 11, 2003, the state Senate, by an order designated Senate No.2176, asked the Supreme Judicial Court for an advisory opinion on the constitutionality of Senate bill No.2175, establishing civil unions. On February 3, 2004, the Supreme Judicial Court replied, in Opinions of the Justices to the Senate, http://archive.boston.com/news/specials/gay_marriage/sjc_020404/ that the civil union bill would maintain " an unconstitutional, inferior, and discriminatory status for same-sex couples ...," and thus made clear that same sex marriage per se would be allowed in Massachusetts, beginning in May 2004.
"Uncorrected Proof of the Journal of the Senate in Joint Session," Feb.11-12, 2004, March 11, 2004, and March 29, 2004. The Massachusetts House and Senate met together as a constitutional convention and on March 29th passed a constitutional amendment, requiring marriage to be between a man and a woman, but providing for civil unions. For text see Senate Bill No.5, http://www.mass.gov/legis/bills/senate/st00/st00005.htm. The amendment would not have been effective unless passed again during the 2005-06 session and then ratified by the electorate in November 2006.
In Largess v. Supreme Judicial Court, No. 04-1621 (1st Cir. May 14, 2004), the plaintiffs sought to enjoin implementation of the Goodridge decision, on the grounds that it violated the federal constitutional guarantee of a republican form of government. The U.S. District Court denied preliminary injunctive relief May 13th, 317 F. Supp. 2d 77, and the U.S. Court of Appeals for the First Circuit, finding the likelihood of a successful appeal weak, denied the request for injunctive relief pending appeal, but heard the appeal on an expedited basis, and affirmed on June 29th, 373 F.3d 219, opinion available at . http://www.freelawreporter.org/flr3d/f3d/373/373.F3d.219.04-1621.html . The First Circuit order denying the preliminary injunction, can be found at https://www.glad.org/uploads/docs/cases/goodridge-et-al-v-dept-public-health/tauro-decision-5-13-04.pdf
Cote-Whitacre v. Department of Public Health, C.A. No. 04-2656-G (Mass. Superior Court, Aug.18, 2004), available on GLAD website, together with other documents in case, at http://www.glad.org/work/cases/cote-whitacre-et-al-v-dept-public-health/; denied injunction that out-of-state same-sex couples sought against enforcement of Mass. General Laws c.207 §11, prohibiting marriage of residents of another jurisdiction if such marriage would be void in that jurisdiction.
Cote-Whitacre v. Department of Public Health, 446 Mass. 350, 844 N.E.2d 623,http://caselaw.findlaw.com/ma-supreme-judicial-court/1188124.html (Mass. Supreme Judicial Court, March 30, 2006); upheld the prohibition against same-sex marriages in Massachusetts for residents of other states where such marriages would not be allowed.
Schulman v. Attorney-General, 447 Mass. 189, 850 N.E.2d 505, SJC-09684 ( Mass. Supreme Judicial Court, July 10, 2006), allowed an initiative petition to go forward that would prospectively restrict marriage to opposite-sex couplkes.
Miller, Mark C, "Conflicts between the Massachusetts Supreme Judicial Court and the Legislature: Campaign Finance Reform and Same-Sex Marriage," Pierce Law Review 4:279-316 (2006)
Jacobi, Tonja. "How Massachusetts Got Gay Marriage: the Intersection of Popular Opinion, Legislative Action, and Judicial Power," Journal of Contemporary Legal Issues, 15:219-241 (2006).
>Cote-Whitacre v. Department of Public Health, Civil Action No. 04-2656, Memorandum of Decision on Whether Same-Sex Marriage is Prohibited in New York and Rhode Island (Mass. Superior Court, Sept.29,2006), text available at:http://www.glad.org/uploads/docs/cases/cote-whitacre-et-al-v-dept-public-health/2004-06-23-cote-plaintiffs-memo.pdf. Held that same-sex marriage is prohibited in New York, but is not prohibited in Rhode Island.
"Uncorrected Proof of the Journal of the Senate" in Joint Session, Nov.9, 2006, Rejected one initiative for a constititional amendment against same-sex marriage (House bill No. 653) , and did not consider another initiative petition (House bill No. 4617)
Doyle v. Secretary, SJC-09887 (Mass. Supreme Judicial Court, Dec.27,2006,http://caselaw.findlaw.com/ma-supreme-judicial-court/1430297.html. The Supreme Judicial Court held it had no power to force the legislature to vote on a constitutional amendment proposed by initiative.
>Massachusetts Acts 2008, chapter 216, approved July 31, 2008, http://www.mass.gov/legis/laws/seslaw08/sl080216.htm, repealed laws that prevented non-resident same-sex couples from marrying in Massachusetts.
Winer, Anthony S., "How a Marriage Discrimination Amendment Would Disrespect Democracy in Minnesota," William Mitchell Law Review, 33:1059-1080 (2007).
Bill H.F. No. 1054, http://wdoc.house.leg.state.mn.us/leg/LS88/HF1054.2.pdf, approved May 14, 2013, allowing same-sex marriage.
Citizens for Equal Protection v. Bruning, No.4:03CV3155, 290 F.Supp.2d 1004 (D. Neb. Nov.10,2003), available at http://law.justia.com/cases/federal/district-courts/FSupp2/290/1004/2326437/. The U.S. District Court denied a motion to dismiss a lawsuit challenging the constitutionality of the second sentence of Article I section 29 of the Nebraska Constitution. That section reads "Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska." The plaintiffs claim that the second sentence denies them "an equal opportunity to lobby their elected representatives regarding legal protections for same-sex relationships."
Citizens for Equal Protection v. Bruning, 368 F.Supp.2d 980 (D. Neb. May 12, 2005), available at http://www.aclu.org/FilesPDFs/cep_decision.pdf. Held that Nebraska's constitutional provision against same-sex unions was an unconstitutional bill of attainder, because it went beyond maintaining the common-law opposite-sex definition of marriage to deny government benefits to the partners of any sort of same-sex union. This decision was reversed by:
Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. July 14, 2006), http://www.ca8.uscourts.gov/opndir/06/07/052604P.pdf, which held that: "laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States." (For briefs in this case on the ACLU site, see http://www.aclu.org/lgbt/relationships/12166res20050405.html.)
Commission Report on Same Sex Civil Marriages (December 1, 2005)
Laws of 2009, chapters 59, 60, and 61 (approved June 3, 2009), available at http://gencourt.state.nh.us/legislation/2009/HB0436.html, /HB0310.html, and /HB0073.html: same-sex marriage legalized(with a higher minimum age than opposite-sex marriage); new civil unions prohibited; civil unions can be converted to marriages; religious organizatons allowed to refrain from solemnizing marriages against their beliefs.
Gay and Lesbian Political Action and Support Groups (GayPASG), Task Force for Same-Sex Civil Marriage, Civil Union, and Domestic Partnership: http://s120620558.onlinehome.us/GayPASG/IndexFiles/SSMTF.htm
New Jersey Civil Union Review Commission, <="" a=""> http://www.nj.gov/oag/dcr/curc.html
M.T. v. J.T., 140 N.J. Super. 77, 83-85 (App. Div. 1976). In a case involving validity of the marriage of a post-operative transsexual, Judge Handler (now Justice Handler) wrote:
We accept--and it is not disputed--as the fundamental premise in this case that a lawful marriage requires the performance of a ceremonial marriage of two persons of the opposite sex, a male and a female. Despite winds of change, this understanding of a valid marriage is almost universal. . . . In the matrimonial field the heterosexual union is usually regarded as the only one entitled to legal recognition and public sanction. . . .
There is not the slightest doubt that New Jersey follows the overwhelming authority. The historic assumption in the application of common law and statutory strictures relating to marriages is that only persons who can become "man and wife" have the capacity to enter marriage. Cf. Winn v. Wiggins, 47 N.J. Super. 215, 220 (App. Div. 1957); Jackson v. Jackson, 94 N.J. Eq. 233, 236-237 (E. & A. 1922); N.J.S.A. 37:1-10. The pertinent statutes relating to marriages and married persons do not contain any explicit references to a requirement that marriage must be between a man and a woman. N.J.S.A. 37:1-1 et seq.; N.J.S.A. 2A:34-1 et seq. Nevertheless that statutory condition must be extrapolated. It is so strongly and firmly implied from a full reading of the statutes that a different legislative intent, one which would sanction a marriage between persons of the same sex, cannot be fathomed.
Lewis v. Harris, filed June 26,2002 in Law Division, Hudson County (transferred to Mercer County Nov.22,2002); complaint, briefs, press releases, etc. on Lambda Legal site: http://www.lambdalegal.org/in-court/legal-docs/lewis_nj_20021008_amended-complaint-for-injunctive-and-declaratory-relief.
Seidenstein, Robert G., "Gay-marriage supporters eye history of high court," New Jersey Lawyer, 11:1263 (July 8, 2002)
Gourvitz, Elliot H. & Ari H., "Why New Jersey is a friendly forum for gay marriage", New Jersey Law Journal, 169:465-467 (Aug.5, 2002) (Sec.3, Family Law supp., p.S-1 to S-3)
Assembly Bill No. 3762, introduced June 9, 2003, http://www.njleg.state.nj.us/2002/Bills/A3500/3762_I1.PDF, to establish civil unions.
Lewis v. Harris, No. MER-L-15-03 (Law Division, Nov.5, 2003) (Judge Feinberg's opinion dismissing the suit.) Opinion at Rutgers-Newark Law Library site: http://njlegallib.rutgers.edu/misc/feinberg.pdf
Badgett, M. V. Lee, & R. Bradley Sears, Supporting Families, Saving Funds: A Fiscal Analysis of New Jersey's Family Equity Act, (Nov. 2003), available at: http://www1.law.ucla.edu/~williamsproj/issues/NJ/NJ-DPAStudy.pdf (Williams Project, UCLA School of Law).
"Domestic Partnerships Act." P.L. 2003, c.246, Assembly Bill No. 3743 (Second Reprint), approved Jan.12, 2004. Primarily codified at N.J.S. 26:8A-1 to -12. Text: http://www.njleg.state.nj.us/2002/Bills/PL03/246_.PDF History: Assembly Bill No. 3743, introduced June 5, 2003 (under title "Family Equality Act"). Companion bill "Domestic Partnerships Act," Senate Bill No. 2820, introduced Dec.5, 2003. A3743 amended and passed by Assembly Dec.15,2003, passed Senate Jan.8, 2004.
Assembly Bill No. 1398, http://www.njleg.state.nj.us/2006/Bills/A1500/1398_I1.PDF in 2006-07 session; previously Senate Bill No. 1148, http://www.njleg.state.nj.us/2004/Bills/S1500/1148_I1.HTM, introduced Feb.24,2004 by Senator Cardinale, would declare same-sex marriages void and deny recognition to same-sex marriages from other jurisdictions. Companion bill A460. (Previously Assembly Bill No. 1765 and Senate Bill No.1047, introduced Feb.4,2002.)
Statement of Attorney General Peter C. Harvey on Same Sex Marriage Issue, March 9, 2004, http://www.njslom.org/marriage_030904.pdf
ACLJ Files Suit Against Asbury Park, New Jersey to Stop Same-Sex Marriage, March 15, 2004 (American Center for Law and Justice, press release), http://www.businesswire.com/news/home/20040315005695/en/ACLJ-Files-Suit-Asbury-Park-Jersey-Stop
Assembly Concurrent Resolution No. 134 and Senate Concurrent Resolution No.79 in 2006-07, http://www.njleg.state.nj.us/2006/Bills/ACR/134_I1.PDF; previously: Assembly Concurrent Resolution No. 212, introduced Jan.10,2005, http://www.njleg.state.nj.us/2004/Bills/ACR/212_I1.HTM, would add this language to the State Constitution: "Marriage is solely between a man and a woman unless the Legislature otherwise provides."
Hennefeld v. Township of Montclair, No. 007682-2004 (N.J. Tax Court, March 15, 2005), on Rutgers-Newark website at http://njlegallib.rutgers.edu/misc/hennefeldfinaled.pdf. Although declining to recognize plaintiffs' Canadian marriage or to grant them rights pursuant to their Vermont civil union, the Tax Court held that within the intent of the N.J. Domestic Partnership Act, for the purpose of the disabled veteran's exemption, plaintiffs' ownership interest in property would be treated "in the same fashion as is 'accorded to married couples.'"
Suzanne B. Goldberg, "Marriage Equality in New Jersey?" New Jersey Lawyer, No.233 (April 2005) p.35-38.
Lewis v. Harris, 378 N.J.Super.168, 875 A.2d 259 (N.J. Superior Court, Appellate Division, June 14, 2005), at https://www.courtlistener.com/opinion/1475182/lewis-v-harris/ In a two-to-one decision, with the majority opinion invoking historical tradition and prevailing religious and societal views, the Appellate Division denied the existence of a constitutional right for same-sex couples to marry.
Lewis v. Harris, No. A-68-05, Oral Argument at N.J. Supreme Court, Feb. 15, 2006, video viewable at http://18.104.22.168/query.php?var=A-68-05
Editorial: "In Favor of Same-Sex Marriage," New Jersey Law Journal, 183:906 (March 13, 2006)
Badgett, M. V. Lee, R. Bradley Sears, & Deborah Ho, "Supporting Families, Saving Funds: An Economic Analysis of Equality for Same-Sex Couples in New Jersey," Rutgers Journal of Law & Public Policy, 4(1): 8-93 (Fall 2006), http://www.rutgerspolicyjournal.org/sites/rutgerspolicyjournal.org/files/issues/4_1/Article_BSH.pdf
Lewis v. Harris, No. A-68-05 (N.J.Supreme Court, October 25, 2006), available on Rutgers-Newark Law Library website at http://njlegallib.rutgers.edu/misc/a-68-05.pdf . Held that the equal protection clause of the state constitution required that committed same-sex couples be given on an equal basis the same rights and privileges given to opposite-sex couples by virtue of civil marriage, but that the constitution did not require that same-sex couples were entitled to a relationship officially designated as "marriage." Gave the Legislature 180 days to either amend the marriage statutes or enact another statutory scheme to accomplish equality of rights and privileges. Three justices concurred in the equal rights holding, but dissented with respect to the denial of entitlement to civil marriage as such.
N.J. Assembly bill No.3685, introduced Nov.20, 2006, "Civil Marriage and Religious Protection Act," http://www.njleg.state.nj.us/2006/Bills/A4000/3685_I1.HTM, would extend civil marriage to same-sex couples.
N.J. Assembly bill No.3787, introduced Dec.4, 2006, "Civil Union Act," http://www.njleg.state.nj.us/2006/Bills/A4000/3787_I1.HTM and companion Senate bill No.2407.
Civil Union Act, Laws of New Jersey 2006, chapter 103 (approved Dec.21,2006), advance law at http://www.njleg.state.nj.us/2006/Bills/AL06/103_.HTM and .PDF. Became effective February 19, 2007.
Attorney General, Formal Opinion No.1 - 2007, "Re: Whether Public Officials and Religious Figures May Decline to Exercise their Authority to Solemnize Civil Unions" (January 10,2007), http://www.nj.gov/oag/newsreleases07/civil-union-clergy-letter.pdf. Advises that public officials who elect to be available generally to solemnize marriages must also be available generally to solemnize civil unions, but that the same is not true of religious figures.
>Attorney General, Formal Opinion No.3 - 2007, "Recognition in New Jersey of Same-Sex Marriages, Civil Unioins, Domestic Partnerships, and Other Government-Sanctioned Same-Sex Relationships Established Pursuant to the Laws of Other States and Foreign Nations" (February 16, 2007), http://www.nj.gov/oag/newsreleases07/ag-formal-opinion-2.16.07.pdf. Advises that same-sex marriages entered into under the laws of Massachusetts or of foreign nations are valid and treated as civil unions in New Jersey.
N.J. Assembly Bill No.648 [Jan.8, 2008], http://www.njleg.state.nj.us/2008/Bills/A1000/648_I1.PDF, would prohibit same-sex marriages and their recognition in New Jersey.
N.J. Assembly Bill No. 818 [Jan.8, 2008], http://www.njleg.state.nj.us/2008/Bills/A1000/818_I1.PDF, would permit same-sex marriages.
First Interim Report of the New Jersey Civil Union Review Commission, February 19, 2008, http://www.nj.gov/oag/dcr/downloads/1st-InterimReport-CURC.pdf
N.J. Assembly Bill No. 2978 (introduced June 16, 2008), http://www.njleg.state.nj.us/2008/Bills/A3000/2978_I1.PDF, and N.J. Senate Bill No. 1967 (First Reprint) (as amended by Senate Judiciary Committee, Dec. 7, 2009), http://www.njleg.state.nj.us/2008/Bills/S2000/1967_R1.PDF ("Freedom of Religion and Equality in Civil Marriages Act")
The Legal, Medical, Economic & Social Consequences of New Jersey's Civil Union Law: Final Report of the New Jersey Civil Union Review Commission, December 10, 2008, http://www.state.nj.us/lps/dcr/downloads/CURC-Final-Report-.pdf
Brief in Support of Plaintiffs' Motion in Aid of Litigants' Rights, Lewis v. Harris, N.J. Supreme Court Docket No. 58,389 (March 18, 2010), http://www.lambdalegal.org/sites/default/files/legal-docs/downloads/lewis_nj_20100318_brief-iso-plaintiffs-motion-in-aid-of-litigants-rights.pdf
Order (denying motion in aid of litigants' rights), Lewis v. Harris, No. M-949 (July 26, 2010),https://www.aclu-nj.org/download_file/view_inline/203/383//(includes dissent by Justice Long).
Garden State Equality v. Dow, Complaint, N.J. Superior Court, Mercer County, filed June 29, 2011, http://www.lambdalegal.org/in-court/legal-docs/gse_nj_20110629_complaint-for-declaratory-and-injunctive-relief
New Jersey Assembly bill No.1, introduced Jan. 17,2012, http://www.njleg.state.nj.us/2012/Bills/A0500/1_I1.PDF
N.J. Assembly Judiciary Committee Statement to Assembly, No.1, Feb.2, 2012, http://www.njleg.state.nj.us/2012/Bills/A0500/1_S1.PDF
N.J. Senate bill No.1, introduced Jan.10, 2012, http://www.njleg.state.nj.us/2012/Bills/S0500/1_I2.PDF, passed Senate Feb.13 and Assembly Feb.16.
N.J. Governor's Conditional Veto of Senate Bill No.1, February 21, 2012, http://www.njleg.state.nj.us/2012/Bills/S0500/1_V1.PDF.
>Garden State Equality v. Dow, No. L-1729-11 (Law Division, N.J. Superior Court, Sept. 27, 2013), https://www.aclu-nj.org/files/2413/8203/2358/2013_10_15_Plaintiffs__Brief_GSE_opp.pdf held that same-sex couples must be permitted to marry, starting Oct. 21, 2013; motion to stay denied, No. M-208 (N.J. Supreme Court,Oct.18, 2013), http://www.judiciary.state.nj.us/samesex/Supreme%20Court%20Opinion%20on%20Stay%20Motion.pdf
Griego v. Oliver, No. 34,306 (N.Mex. Supreme Court, Dec.19,2013), http://www.nmcompcomm.us/nmcases/nmsc/slips/SC34,306.pdf, ruled that civil marriage must be extended to same-gender couples.
Marriage Equality New York http://www.marriageequalityny.org/
Association of the Bar of the City of New York, Committees on Lesbians and Gay Men in the Profession, Civil Rights, and Sex and Law, "Same-Sex Marriage in New York," Record of the Association of the Bar of the City of New York, 52:343-366 (April 1997).
"Marriage: Winning and Keeping the Freedom to Marry Nationally and in New York" (panel discussion), Fordham Urban Law Journal, 27:332-347 (Dec.1999)
Association of the Bar of the City of New York, Committees on Lesbian and Gay Rights, Sex and Law, and Civil Rights, "Marriage Rights for Same- Sex Couples in New York," Record of the Association of the Bar of the City of New York, 56:170-203 (Spring 2001)
Langan v. St. Vincent's Hospital of N.Y., 196 Misc.2d 440, 765 N.Y.S.2d 411 (Sup.Ct., Apr.10,2003). The New York court recognized a Vermont civil union for purposes of wrongful death benefits to the surviving partner. Case is on appeal.
N.Y. Attorney General Informal Opinion No. 2004-1, http://www.oag.state.ny.us/bureaus/appeals_opinions/opinions/2004/informal/2004_1.pdf, states that same-sex marriages are not authorized under New York law, but that this interpretation of the statute raises constitutional questions that will need to be resolved by the courts; and that New York presumptively will recognize same-sex marriages from other states.
Hernandez v. Robles (Lambda Legal Defense & Education Fund, lawsuit challenging New York's ban on same sex marriage): Complaint (Mar. 24, 2004), briefs, etc. on Lambda Legal site at http://www.lambdalegal.org/our-work/in-court/cases/hernandez-v-robles.html
Hernandez v. Robles, 7 Misc.3d 459, 794 N.Y.S.2d 579 (New York Supreme Court, Feb. 4, 2005). Judge Doris Ling-Cohan held that the restriction of marriage to opposite-sex couples under New York's Domestic Relations Law violated the state constitution, and that to cure the constitutional defect the gender-specific words and personal pronouns in that law would be construed gender-neutrally. Reversed by Appellate Division, Dec. 8, 2005, opinion at 26 A.D.3d 98, 805 N.Y.S.2d 354, http://www.courts.state.ny.us/reporter/3dseries/2005/2005_09436.htm.
Samuels v. New York State Department of Health, 29 A.D.3d 9, 811 N.Y.S.2d 136, 2006 NY Slip Op 01213 (App.Div. 3d Dept. Feb.16,2006), http://www.courts.state.ny.us/reporter/3dseries/2006/2006_01213.htm and Seymour v. Holcomb, 7 Misc.3d 530, 790 N.Y.S.2d 858 (N.Y. Supreme Court, Feb.23, 2005), affirmed, 26 A.D. 3d 661, 811 N.Y.S.2d 134, 2006 NY Slip Op 01215 (Appellate Division, Feb.16, 2006). Both cases upheld restriction of marriage to opposite-sex couples, and both were affirmed by:
Hernandez v. Robles, 7 N.Y.3d 338, 855 N.E.2d 1 (New York Court of Appeals, July 6, 2006), http://www.courts.state.ny.us/reporter/3dseries/2006/2006_05239.htm. Upheld New York's opposite-sex definition of marriage against constitutional challenge. The decision was 4 to 2, with a dissenting opinion by Chief Judge Kaye.
Mitchell, John B. "Chatting With the Lady in the Grocery Store about Hernandez v. Robles, the New York Same-Sex Marriage Case," Seattle Journal for Social Justice, 6:255-288 (2007).
Martinez v. County of Monroe, 50 A.D. 3d 189, 850 N.Y.S.2d 740 (App.Div. 4th Dept., Feb.1, 2008), http://www.courts.state.ny.us/ad4/court/Decisions/2008/02-01-08/PDF/1562.pdf, held that Canadian same-sex marriage was entitled to recognition in New York, so long as there was no New York legislation prohibiting such recognition.
Memorandum, To: All Agency Counsel, From: David Nocenti [Governor's Counsel], Date: May 14, 2008, Re: Martinez decision on same-sex marriages, text included in: "Paterson's Message on Same-Sex Marriage," New York Observer, May 29, 2008. Directs state agencies to construe regulations and policy statements so as to recognize same-sex marriages from other jurisdictions.
Arthur S. Leonard, "New York Recognition of a Legal Status for Same-Sex Couples: A Rapidly Developing Story," New York Law School Law Review, 54:479-492 (2009/10)
>Marriage Equality Act, New York Laws of 2011, Chapter 95 (Assembly Bill No. 8354), http://www.assembly.state.ny.us/leg/?default_fld=&bn=A08354&term=2011&Text=Y, enacted June 24, 2011, effective 30 days after enactment.
Wallace, E. Gregory, "The Sky Didn't Fall: The Meaning and Legal Effects of the North Carolina Marriage Amendment," American University Journal of Gender, Social Policy & the Law, 22:1-45 (2014)
Revised Code of Ohio §3101.01(C). Substitute House Bill 272, signed into law Feb.6,2004. The Legislative Service Commission's Bill Analysis says this law
- >Declares that same-sex marriages are against the strong public policy of the state of Ohio and have no legal force or effect in this state
- >Provides that same-sex marriages entered into in another jurisdiction have no legal force or effect in Ohio.
- >Declares that the recognition or extension by the state of the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of the state of Ohio.
- >Provides that any other jurisdiction's extension of the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes has no legal force or effect in Ohio.
Full text of the bill is available at http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_0272.
Duncan, William C. & David Orgon Coolidge, "Marriage and Democracy in Oregon: The Meaning and Implications of Tanner v. Oregon Health Sciences University," Willamette Law Review, 36:503-548 (2000)
Attorney General's Opinion on Same-Sex Marriage, March 12, 2004, http://www.doj.state.or.us/hot_topics/pdf/ag_samesexopinion.pdf. Concluded that Oregon's highest court would probably find that the restriction of marriage to opposite-sex couples violates the state constitution.
Ballot Measure 36, adopted Nov. 2004, effective Dec.2,2004: "It is the policy of Oregon, and its political subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage."
Li v. State of Oregon, 338 Ore. 376, 110 P.3d 91 (Supreme Court of Oregon, April 14, 2005), http://www.publications.ojd.state.or.us/S51612.htm. Nullified as ultra vires same-sex marriage licenses that had been issued in Multnomah County.
A Selection... (cont.)
Cohon, Maureen B., "Where the Rainbow Ends: Trying to Find a Pot of Gold for Same-Sex Couples in Pennsylvania," Duquesne Law Review, 41: 495-512 (2003).
Rhode Island Attorney General's statement, May 17,2004, available on Providence Journal and quoted at http://www.religioustolerance.org/hommarrri.htm, suggested that Massachusetts same-sex marriages would be recognized as marriages in Rhode Island.
Rhode Island Attorney General's Opinion, Feb. 20, 2007, addressed to Commissioner of Rhose Island Board of Governors of Higher Education, advised that Massachusetts same-sex marriages would be recognized as marriages in Rhode Island.
Chambers v. Ormiston, 935 A.2d 957 (R.I. Dec.7, 2007), https://www.courtlistener.com/opinion/1436510/chambers-v-ormiston/. The Rhode Island Supreme Court, in a three-to-two decision, held that the Rhode Island Family Court did not have jurisdiction to hear the divorce case of a same-sex couple married in Massachusetts.
H.B. 5015 Substitute B, http://webserver.rilin.state.ri.us/BillText13/HouseText13/H5015B.pdf, approved May 2, 2013, allowing same-sex marriage.
Kitchen v. Herbert, No. 2:13-CV-217 (U.S. District Court, District of Utah, Dec.20, 2013), http://www.utd.uscourts.gov/documents/213cv217_memdec.pdf, held that Utah's constitutional limitation of marriage to opposite-sex couples violates the United States Constitution; U.S. Supreme Court issued order Jan.6, 2014, staying this decision pending appeal to Tenth Circuit.
Vermont Secretary of State, "The Vermont Guide to Civil Unions," http://www.dfr.vermont.gov/insurance/insurance-consumer/guide-civil-unions-publication
Baker v. State, 170 Vt. 194, 744 A.2d 864, 81 A.L.R.5th 627 (Vt.1999) (reprinted at 25 Vt.L.Rev. 285 and available at http://gaymarriage.procon.org/sourcefiles/baker-v-vermont.pdf) The Vermont Supreme Court held that the State was "constitutionally required to extend to same-sex couples the common benefits and protections that flow from marriage under Vermont law."
Vermont Civil Union Act, Act No.91 (April 26,2000), http://www.leg.state.vt.us/docs/2000/acts/ACT091.HTM, primarily codified at Vermont Statutes Title 15, Chapter 23 (§§1201-1207)
"A Symposium on Vermont's Civil Unions," Vermont Law Review, 25:1-283 (Fall 2000) (eight articles)
Strasser, Mark, "Equal Protection at The Crossroads: On Baker, Common Benefits and Facial Neutrality," Arizona Law Review, 42:935-963 (2000)
Strasser, Mark, "Mission Impossible: On Baker, Equal Benefits, and the Imposition of Stigma," William and Mary Bill of Rights Journal, 9:1-27 (Dec.2000)
Culhane, John G., "A Tale of Two Concurrences: Same-Sex Marriage and Products Liability," William & Mary Journal of Women & the Law, 7:447-471 (2001)
Robinson, Beth, "The Road to Inclusion for Same-Sex Couples: Lessons from Vermont," Seton Hall Constitutional Law Journal, 11:237-257 (Spring 2001)
Jacobi, Tonja, "Same Sex Marriage in Vermont: Implications of Legislative Remand for the Judiciary's Role," Vermont Law Review, 26:381-406 (2002).
Symposium, "Civil Unions in Vermont: Where to Go From Here?" Widener Journal of Public Law, 11:361-514 (2002) (four articles)
Vermont Civil Union Review Commission: main page, http://www.leg.state.vt.us/baker/cureport.htm; 2002 report,http://www.leg.state.vt.us/baker/Final%20CURC%20Report%20for%202002.pdf
Moats, David, Civil Wars: A Battle for Gay Marriage (Harcourt, 2004)
>Vermont Senate Bill No. 115, http://www.leg.state.vt.us/docs/2010/bills/Passed/S-115.pdf (enacted over Governor's veto, Apr 7, 2009), provides for civil marriage to be open to same-sex couples, effective September 1, 2009. It includes provisions allowing fraternal benefit societies to deny membership and coverage to same-sex couples, and allowing clergy and religious societies to discriminate in provision of services related to marriage ceremonies.
Anderson v. Sims, Complaint to redress the denial of the basic civil right to marry, filed Mar,2004 in Superior Court of Washington for King County, and other documents in case, available at http://news.findlaw.com/cnn/docs/glrts/andrsnsims30804cmp.pdf
Anderson v. King County, No.04-02-04964-4SEa (Washington Superior Ct., King County, August 4,2004), opinion available at http://news.findlaw.com/cnn/docs/glrts/andrsnkng80404opn.pdf Judge William L. Downing held that denial to plaintiffs of right to marry violated the privileges or immunities clause of the Washington state constitution, as well as constituting a denial of substantive due process. By agreement, the matter was stayed pending review by the Washington Supreme Court, which reversed the decision on July 26, 2006.
Castle v. State of Washington, Complaint, April 1, 2004, https://www.aclu-wa.org/docs/legal-complaint-aclu-washington-marriage-equality-case(American Civil Liberties Union)
Castle v. State of Washington, No. 04-2-00614-4, Memorandum Opinion on Constitutionality of RCW 26.02.010 and RCW 26.02.020 (Wash. Superior Ct., Thurston County, Sept.7,2004), available on court website at http://www.courts.wa.gov/newsinfo/content/pdf/CastlevState.pdf. Judge Richard D. Hicks held that the ban on same-sex marriages violated the privileges or immunities clause of the state constitution. Reversed by:
Anderson v. Kings County, 138 P.3d 963 (Washington Supreme Court, July 26, 2006), majority opinion at http://www.courts.wa.gov/newsinfo/content/pdf/759341opn.pdf and at http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=759341MAJ. Upheld limitation of marriage to opposite-sex couples. Two concurring and three dissenting opinions are available as separate documents on the court website, http://www.courts.wa.gov/opinions/.
Laws of 2012, Chapter 3 (Engrossed Substitute Senate Bill 6239), approved Feb. 13, 2012, effective June 7, 2012, http://app.leg.wa.gov/billsummary?BillNumber=6239&Year=2011. Allows same-sex marriage.
Ley de Matrimonio Igualitario, Ley 26.618, approved July 21, 2010, available at http://www.lgbt.org.ar/00-derechos,15.php and at http://www.unc.edu.ar/extension-unc/vinculacion/genero/legislacion-vigente-sobre-genero/nacionales/ley%20nacional%2026618-matrimonio-igualitario-2010.pdf
Vaggione, Juan Marco, ."Sexual Rights and Religion: Same-Sex Marriage and Lawmakers' Catholic Identity in Argentina," University of Miami Law Review, 65:935-954 (2011)
Basset, Ursula C., "How the Battle to Redefine Marriage Affected Family Law in Argentina," BYU Journal of Public Law, 27:529-540 (2013)
Marriage Legislation Amendment Bill, Bills Digest No.155 2003-04 / Jennifer Norberry, 4 June 2004, http://www.aph.gov.au/library/pubs/bd/2003-04/04bd155.pdf. The bill, introduced May 27, 2004, would define marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life," and would prevent same sex couples from adopting children from abroad under treaty arrangements.
"Current Trends in the Regulation of Same-Sex Relationships," edited by Paula Gerber and Adiva Sifris, Law in Context [The Federation Press], v.28 no.1 (2011) (seven articles)
Ireland, Ian, "The High Court and the Meaning of 'Marriage' in Section 51(xxi) of the Constitution" (Dep't of the Parliamentary Library, Research Note No.17, 2001-02)(Feb.12,2002), http://www.aph.gov.au/library/pubs/rn/2001-02/02rn17.htm
Sarantakos, Sotirios, "Same-Sex Marriage: Which Way to Go?" Alternative Law Journal, 24:79-84 (April 1999), http://www. austlii.edu.au/au/journals/AltLJ/1999/15.html
Sifris, Adiva; & Paula Gerber, "Same-Sex Marriage in Australia: A Battleground for Equality," Australian Journal of Family Law, 25:96-120 (2011)
Taylor, Luke, "Getting over it? The future of same-sex marriage in Australia," Australian Journal of Family Law, 27:26-58 (May 2013)
Witzleb, Normann, "Marriage as the 'Last Frontier'? Same-Sex Relationship Recognition in Australia," International Journal of Law, Policy & the Family. 25:135-164 (2011)
Zimmermann, Augusto, "The Constitutionality of Same-Sex Marriage in Australia (and Other Related Issues)," BYU Journal of Public Law, 27:465-488 (2013)
Australian Capital Territory, Marriage Equality (Same Sex) Act 2013, http://www.legislation.act.gov.au/a/2013-39/current/pdf/2013-39.pdf; invalidated as inconsistent with federal law by Commonwealth v. Australian Capital Territory,  HCA 55 (High Court of Australia, Dec.13, 2013), http://www.austlii.edu.au/au/cases/cth/HCA/2013/55.html
The text of the law of February 13, 2003 opening civil marriage to same-sex couples, as published in the Moniteur Belge of Feb.28, 2003 at pages 9880-9884, in French and Flemish, is available at http://www.ilga-europe.org/europe/guide/country_by_country/belgium/belgian_same_sex_marriage_law. It went into effect June 1, 2003.
Fiorini, Aude, "New Belgian Law on Same Sex Marriage and the PIL Implications," International & Comparative Law Quarterly, 52:1039-1049 (2003)
Enunciado Adminstrativo No.14 (National Council of Justice, May 14, 2013), http://www.cnj.jus.br/images/imprensa/resolu%C3%A7%C3%A3o_n_175.pdf, ruled that notaries public cannot refuse to perform same-sex marriages.
Court decisions allowing same-sex marriage
EGALE Canada Inc. v. Canada (Attorney General) (also styled Barbeau v. British Columbia (Attorney General), 2003 BCCA 251, 13 B.C.L.R. 4th 1, 225 D.L.R. (4th) 472,  7 W.W.R. 22 (B.C. Ct.App., May 1, 2003), http://www.samesexmarriage.ca/legal/bc_case/Decision.htm. In this decision, the British Columbia Court of Appeals, following the lead of the Ontario Divisional Court, reformulated the common-law definition of marriage, but suspended the remedy for two years. After the Ontario Court of Appeal gave immediate effect to the remedy in that province on June 10, 2003, the British Columbia Court of Appeals followed suit, lifting its suspension of the remedy at 2003 BCCA 406, 15 B.C.L.R. (4th) 226, 228 D.L.R. (4th) 416 (July 8, 2003).
Halpern v. Attorney General, Docket C39172 (Ontario Court of Appeal, June 10, 2003), opinion on Court website, http://www.ontariocourts.on.ca/decisions/2003/june/halpernC39172.htm In this decision the Ontario Court of Appeal, with immediate effect, declared the existing common law definition of marriage to be invalid to the extent that it refers to "one man and one woman," and reformulated the common law definition of marriage as "the voluntary union for life of two persons to the exclusion of all others." ( The decision below was Halpern v. Canada (Attorney General), 215 D.L.R. (4th) 223, 60 O.R. (3d) 321, (Ontario Divisional Court, July 12, 2002), http://www.canlii.org/en/on/onscdc/doc/2002/2002canlii42749/2002canlii42749.html ). For more information, including factums (briefs) in the case, see the Equal Marriage website at http://www.samesexmarriage.ca/legal/on.html. )
Hendricks c. Procureur Général,  R.J.Q. 2506 (Quebec Cour Supérieure, Sept.6, 2002), http://www.samesexmarriage.ca/legal/quebec_case/QuebecSept62002.pdf, affirmed as Ligue Catholique pour les Droits de l'Homme c. Hendricks, No. 500-09-012719-027 (Quebec Cour d'Appel, March 19, 2004). (For English-language summary see http://www.samesexmarriage.ca/legal/quebec_case/decision031904.htm)
Dunbar v. Government of the Yukon Territory, 2004 YKSC 54 (Yukon Territory Supremne Court, July 14, 2004), http://www.samesexmarriage.ca/docs/yukon140704.pdf
N.W. v. Attorney General, 2004 SKQB 434 (Saskatchewan, Queen's Bench, Family Law Division, November 5, 2004), http://www.samesexmarriage.ca/docs/sask_decision.pdf
Reference re Same-Sex Marriage, 2004 SCC 79,  3 S.C.R. 698, https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2196/index.do(Supreme Court of Canada, December 9, 2004). Held that it was within the power of the federal Parliament to recognize same-sex marriage; declined to answer the question whether the opposite-sex definition of marriage was consistent with the Charter.
Factum of the Attorney General of Canada, In the matter of . . . the Proposal for an Act respecting certian aspects of legal capacity for marriage for civil purposes . . ., Court File No. 29866 (in the Supreme Court of Canada) [Oct.24, 2003], http://www.samesexmarriage.ca/docs/scc/agc_factum.pdf.
Civil Marriage Act, Statutes of Canada 2005 chapter 33, http://www.lop.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=c38&Parl=38&Ses=1 (received Royal Assent July 20, 2005)
Equal Marriage for Same-Sex Couples, http://www.samesexmarriage.ca/
Glass, Christy M. and Nancy Kubasek, "The Evolution of Same-Sex Marriage in Canada: Lessons the U.S. Can Learn from Their Northern Neighbor Regarding Same-Sex Marriage Rights," Michigan Journal of Gender & Law, 15:143-204 (2008)
Symposium: "Domestic Partnerships," Canadian Journal of Family Law, 17:11-282 (2000) (eight articles, including one on Europe and one on New South Wales)
Law Commission of Canada, "The Case for Same-Sex Marriage," in: Beyond Conjugality: Recognizing and Supporting Close Personal Adult Relationships (2001), available at http://www.samesexmarriage.ca/docs/beyond_conjugality.pdf, at pages 129-131 (pages 153-155 of PDF)
MacDougall, Bruce, "The Celebration of Same-Sex Marriage," Ottawa Law Review 32:235-267 (Spring 2001)
Casswell, Donald G., "Moving Toward Same-Sex Marriage," Canadian Bar Review, 80:810-856 (Oct.2001)
Alberta Law Reform Institute, Recognition of rights and obligations in same sex relationships. (January 2002) (Research Paper no.21) [ Call no.KEA458.3.G39 R42 2002 ]
"Marriage and Legal Recognition of Same-Sex Unions: A Discussion Paper," Department of Justice Canada, Nov.2002
Radbord, Joanna, & Martha McCarthy, "Marriage (P)reference - Equality, Dignity and Individual Voices," National Journal of Constitutional Law, 17:213-260 (2004)
Beattie, Steven, "Tracing the Steps Toward Same-Sex Union Recognition and Marriage in Canada," http://www.samesexmarriage.ca/docs/stevenbeattie.pdf
Hogg, Peter. "Canada: the Constitution and Same-Sex Marriage." International Journal of Constitutional Law, 4:712-721 (2006).
Sentencia C-577/11, http://www.corteconstitucional.gov.co/relatoria/2011/c-577-11.htm summarized in English press release, http://english.corteconstitucional.gov.co/sentences/C-577-2011.pdf; held that same-sex couples must be allowed to marry within two years.
Sala Constitucional costarricense, "Resuelve Recurso sobre Matrimonios del Mismo Sexo" http://www.poder-judicial.go.cr/salaconstitucional/prensa/jur03.htm. Press release summarizing a May 23, 2006 decision upholding law prohibiting same-sex marriage.
Lov om ændring af lov om ægteskabs indgåelse og opløsning, lov om ægteskabets retsvirkninger og retsplejeloven og om ophævelse af lov om registreret partnerskab, [Law amending the Law on Marriage and dissolution, law on marriage legal effects and Justice Act and repealing the law on registered partnership], https://www.retsinformation.dk/Forms/R0710.aspx?id=142282 (June 12, 2012)
>ILGA Europe web site http://www.ilga-europe.org/europe/issues/marriage_and_partnership/marriage_and_partnership_rights_for_same_sex_partners_country_by_country includes full texts of laws from European countries.
International Research Project on Same-Sex Unions in Europe, http://www-same-sex.ined.fr/. Includes links to several publications.
Boele-Woelki, Katharina. "The Legal Recognition of Same-Sex Relationships within the European Union," Tulane Law Review, 82:1949-1981 (2008)
Curci, Jonathan, "The Evolution of the Legal Concepts of 'Family' and 'Marriage' in the EU Legal System and Its Impact on Society." St. Thomas Law Review, 18:227-258 (2005).
Legal Recognition of Same-Sex Couples in Europe / edited by Katharina Boele-Woelki & Angelike Fuchs (Antwerpen: Intersentia, 2003)
Tan,Yvette, "New Forms of Cohabitation in Europe: Challenges for English Private International Law," in Perspectives for the Unification and Harmonisation of Family Law in Europe / Katharina Boele-Woelki (editor), 4:437-461 (Intersentia Publishing, 2003)
Waaldijk, Kees (editor), More or Less Together: Levels of Legal Consequences of Marriage, Cohabitation and Registered Partnership for Different-Sex and Same-Sex Partners. A Comparative Study of Nine European Countries, Documents de travail no.125, Paris: Institut national d'études démographiques 2005, available at http://hdl.handle.net/1887/12585
Waaldijk, Kees, "Others May Follow: the Introduction of Marriage, Quasi-Marriage, and Semi-Marriage for Same-Sex Couples in European Countries," Judicial Studies Institute Journal, 5:104-124 (2005) available at http://hdl.handle.net/1887/12456 (also published in symposium in New England Law Review, v. 38 no.3, available at https://openaccess.leidenuniv.nl/bitstream/handle/1887/12456/Others%20may%20follow%20-%20Waaldijk.pdf?sequence=2).
Hay v. Crédit agricole mutuel de Charente-Maritime et des Deux-Sèvres, No. C-267/12 (European Union Court of Justice, Dec. 12, 2013), link to judgment available at http://curia.europa.eu/juris/liste.jsf?language=en&num=C-267/12, press release No.159/13 at http://curia.europa.eu/jcms/upload/docs/application/pdf/2013-12/cp130159en.pdf; held that in countries where same-sex marriage was not permitted, same-sex couples must be given same benefits as married couples.
LOI no 99-944 du 15 novembre 1999 relative au pacte civil de solidarité, JORF nº265 du 16 novembre 1999 page 16959 , http://www.legifrance.gouv.fr/WAspad/UnTexteDeJorf?numjo=JUSX9803236L
Martin, C. & Théry, I., "The PACS and Marriage and Cohabitation in France," International Journal of Law Policy & Family, 15:135-158 (Apr. 2001)
Richards, Claudina, "The Legal Recognition of Same-Sex Couples--the French Perspective," International & Comparative Law Quarterly, 51:305-324 (Apr.2002)
Projet de Loi ouvrant de mariage aux couples de personnes de même sexe,Texte adopté no.120 (Apr 23, 2013), http://www.assemblee-nationale.fr/14/pdf/ta/ta0120.pdf, law allowing same-sex marriage; upheld by: Décision no. 2013-669 DC du 17 mai 2013 (Constitutional Court), http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/les-decisions/acces-par-date/decisions-depuis-1959/2013/2013-669-dc/decision-n-2013-669-dc-du-17-mai-2013.137046.html
Décision no. 2013-353 QPC du 18 octobre 2013 (Constitutional Court), http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/les-decisions/acces-par-date/decisions-depuis-1959/2013/2013-353-qpc/decision-n-2013-353-qpc-du-18-octobre-2013.138338.html, required mayors to officiate same-sex marriages even if against their moral or religious beliefs.
"Lebenspartnerschaftsgesetz" (LPartG) website of Lesben- und Schwulenverband in Deutschland, http://www.lsvd.de/bund/lpartg/index.html Includes German text of the Life Partnership Law of Feb.16,2001, as amended. The "Rechtssprechung und juristische Literatur" section includes a link to the July 17,2002 Constitutional Court decision upholding the LPartG. The "Rechtsvergleichung"section gives German texts of laws of other European countries.
Levitt, Stephen Ross, "New Legislation in Germany Concerning Same- Sex Unions," ILSA Journal of International and Comparative Law, 7:469-493 (Spring 2001)
Law No. 65, June 22, 2010 (text in Icelandic), http://www.althingi.is/altext/stjt/2010.065.html
Código Civil para el Distrito Federal [Mexico City Civil Code], http://vlex.com.mx/vid/codigo-civil-distrito-federal-42834634, Art.146: " Matrimonio es la unión libre de dos personas para realizar la comunidad de vida, en donde ambos se procuran respeto, igualdad y ayuda mutua. Debe celebrarse ante el Juez del Registro Civil y con las formalidades que estipule el presente código." [as amended Dec. 29, 2009].
Acción de Inconstitucionalidad promovida por el Procurador General de la República contra actos de la Asamblea Legislativa y del Jefe de Gobierno del Distrito Federal, demandando la invalidez de los artículos 146 y 391 del Código Civil del Distrito Federal, publicados en la Gaceta Oficial del Distrito Federal de 29 de diciembre de 2009. Stenographic transcripts of the Mexican Supreme Court's discussions and votes, Aug.3 to 10, 2010. The Supreme Court held on Aug.5 that Mexico City's same-sex marriage law was constitutional, and on Aug.10 that all other Mexican states must recognize same-sex marriages performed in Mexico City.
Justitie.nl [Netherlands, Ministry of Justice], family law page, http://english.justitie.nl/themes/family%2Dlaw, includes a guidance document on same-sex marriage.
Wet van 21 december 2000 tot wijziging van Boek 1 van het Burgerlijk Wetboek in verband met de openstelling van het huwelijk voor personen van hetzelfde geslacht (Wet openstelling huwelijk) ("Law on the opening up of marriage"), Staatsblad 2001 no.9, can be accessed in Dutch, and in an unofficial English translation by Dr. Kees Waaldijk, on the ILGA Europe web site.
Maxwell, Nancy G., "Opening Civil Marriage to Same-Gender Couples: A Netherlands-United States Comparison," Arizona Journal of International and Comparative Law, 18:141-207 (2001)
New Zealand. Ministry of Justice, Same-Sex Couples and the Law, First published in Aug. 1999; includes "Discussion Paper" and "Backgrounding the Issues."
New Zealand. Law Commission, Recognising Same-Sex Relationships (Study Paper 4) (Dec.1999). Available at http://uat-lawcomm.samdog.co.nz/sites/default/files/projectAvailableFormats/NZLC%20SP4.pdf Includes English texts of Danish and Norwegian Registered Partnership Acts.
https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/00DBHOH_BILL6188_1/tab/digest site includes texts and analyses of pending Civil Unions Bill 2004 and Relationships (Statutory References) Bill 2004.
Joslin v New Zealand, Communication No 902/1999, UN Doc CCPR/C/75/D/902/1999 (U.N. Human Rights Committee, July 17, 2002), available at http://www.bayefsky.com/pdf/newzealand_t5_iccpr_902_1999.pdf, found no right to same sex marriage under the International Convention for the Protection of Civil and Political Rights.
Marriage (Definition of Marriage) Amendment Act 2013, Public Act 2013 No.30 (April 19, 2013), http://www.nzlii.org/nz/legis/consol_act/momaa2013343.
By an act adopted June 11,2008 and effective Jan.1,2009, same-sex marriage is permitted in Norway. Text in Norwegian at: http://www.regjeringen.no/nb/dep/bld/dok/regpubl/otprp/2007-2008/otprp-nr-33-2007-2008-/16.html?id=502804
Tribunal Constitucional, Acórdão no. 121,2010 (April 2010), http://www.tribunalconstitucional.pt/tc/acordaos/20100121.html. Decision of Constitutional Court declaring validity of bill allowing same-sex marriage. Includes text of bill.
Lei no. 9/2010. D.R. no. 105, Série I de 2010-05-31, http://dre.pt/pdf1sdip/2010/05/10500/0185301853.pdf. Official publication of the law, effective June 5, 2010.
Kulow, Marianne DelPo, "Same Sex Marriage: a Scandinavian Perspective," Loyola of Los Angeles International & Comparative Law Review, 24:419-438 (2002).
Fourie v. Minister of Home Affairs, Case No. 232/2003 (Supreme Court of Appeal of South Africa, November 30, 2004), http://www.worldlii.org/za/cases/ZASCA/2004/132.html. Declared that "under the Constitution the common law of marriage has been developed to include same-sex unions." Documents on appeal to Constitutional Court available at http://news.findlaw.com/hdocs/docs/glrts/mhafourie120105.pdf. The decision was affirmed by the Constitutional Court on December 1, 2005, under the name Lesbian and Gay Equality Project v. Minister of Home Affairs, http://www.worldlii.org/za/cases/ZACC/2005/20.html, but with a stay of twelve months to allow Parliament to correct the defects in the existing legislation. The decision was implemented by:
Civil Union Act, Act No.17 of 2006,http://www.gov.za/sites/www.gov.za/files/a17-06_1.pdf
Smith, Bradley S. & J.A. Robinson, "The South African Civil Union Act 17 of 2006: A Good Example of the Dangers of Rushing the Legislative Process," BYU Journal of Public Law, 22:419-439 (2008)
Ley 13/2005, de 1 de julio, por la que se modifica el Código Civil en materia de derecho a contrær matrimonio, BOE núm 157, pag. 23632-23634, http://www.boe.es/boe/dias/2005/07/02/pdfs/A23632-23634.pdf
Tribunal Constitucional de España, Sentencia 198/2012, de 6 de noviembre de 2012, http://hj.tribunalconstitucional.es/es/Resolucion/Show/23106 (Decision of the Constitutional Court upholding the 2005 law.)
Garcimartín, Carmen, "The Spanish Law on Same-Sex Marriage: Constitutional Arguments," BYU Journal of Public Law, 27:443-464 (2013)
Betänkande 2008/09:CU19 Könsneutrala äktenskap och vigselfrågor, http://www.riksdagen.se/Webbnav/index.aspx?nid=3322&dok_id=GW01CU19, Swedish gender-neutral marriage law, adopted April 1, 2009, effective May 1, 2009.
Bundesgesetz über die eingetragene Partnerschaft gleichgeschlechtlicher Paare [Federal Law on Registered Partnerships of Same Sex Couples] (Partnerschaftsgesetz, PartG), SR 211.311, http://www.admin.ch/ch/d/sr/211_231/ (effective Jan.1, 2007)
Murphy, John, "The Recognition of Same-Sex Families in Britain: the Role of Private International Law," International Journal of Law, Policy and the Family, 16:181-201 (2002)
Women & Equality Unit, "Civil Partnership," http://webarchive.nationalarchives.gov.uk/+/www.womenandequalityunit.gov.uk/publications/CP_responses.pdf, includes links to the June 2003 consultation document Civil Partnership: a framework for the legal recognition of same-sex couples, and to the Nov.2003 Responses to Civil Partnership, and states that "The Government is committed to introducing legislation for a civil partnership scheme as soon as Parliamentary time allows."
Civil Partnership Registration: A legal status for committed same-sex couples in Scotland, http://www.scotland.gov.uk/consultations/justice/cprs-00.asp (Scottish Executive consultation paper, [Sept.] 2003).
Civil Partnership Bill 2003/04, http://www.galha.org/dir/law/cpa2004.html (Gay and Lesbian Humanist Association site with links to bill text and related documents)
Crown, Barry, "Civil Partnership in the U.K.--Some International Problems," New York Law School Law Review, 48:697-710 (2003/04)
Wilkinson v. Kitzinger,  EWHC 2022 (Fam), http://www.bailii.org/ew/cases/EWHC/Fam/2006/2022.html (July 31,2006). Declined to recognize Canadian same-sex marriage as valid in the U.K.
Wright, Wade K., "The Tide in Favour of Equality: Same-Sex Marriage in Canada and England and Wales," International Journal of Law, Policy & the Family, 20: 249-285 (2006).
Marriage (Same-Sex Couples) Act 2013, http://www.legislation.gov.uk/ukpga/2013/30/contents (approved July 16, 2013); The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013, http://www.legislation.gov.uk/uksi/2013/2789/contents/made. Applies to England and Wales, effective March 29, 2014.
Ley No. 19.075, Matrimonio Igualitario, https://legislativo.parlamento.gub.uy/temporales/leytemp8197621.htm (April 11, 2013)
Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under U.S. Law (Human Rights Watch, 2006). Available at http://hrw.org/reports/2006/us0506/
Samar, Vincent J., "Throwing Down the International Gauntlet: Same-Sex Marriage as a Human Right," Cardozo Public Law Policy & Ethics Journal, 6:1-55 (2007).
Waaldijk, Kees, "Same Sex Partnership, International Protection," Max Planck Encyclopedia of Public International Law, online edition, http://mpepil.com/. Includes sections discussing international protection of right to civil marriage, and recognition of same sex marriages by international bodies.