Same-Sex Marriages - In Favor

Same-Sex Marriages - In Favor - entative Essay on Same Sex...

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mentative Essay on Same Sex Marriage Title: Argumentative Essay on Same Sex Marriage (In Favor) Name: Course: Date: Instructor:
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An extensive body of scholarship argues that sex discrimination doctrine can help obtain marriage rights for same-sex couples. This article turns that question around, exploring instead whether the new reality of same-sex marriage can offer a fresh perspective on efforts to achieve equality within marriage for different-sex couples. This article develops a framework that traces how sex-based classifications, gender norms, and the substantive laws of marriage interrelate. Traditionally, they were collectively coherent, albeit in a way that subordinated women to men. The groundbreaking sex discrimination cases of the 1970s ended legal distinctions between the duties of husbands and wives but left largely in place gender norms and numerous aspects of marriage and related tax and benefits law that encourages specialization into breadwinning and care-giving roles. The reforms of that era are thus an unfinished project; the vast majority of different-sex families still divide responsibilities along gendered lines. Both then and now, debates over the recognition of marriage rights for same-sex couples were understood to implicate gender norms for different-sex couples. In the 1970s, the possibility of gay marriage helped derail efforts to enact the Equal Rights Amendment. Today, by contrast, the relationship offers the promise of positive change for different-sex marriages. The article reviews a body of emerging social science in the past, proponents of expansion of marriage rights for same-sex couples celebrated the transformative impact that was offered by same-sex marriage. In litigation and the public debate today, by contrast, supporters typically claim that recognition of marriage rights for same-sex couples will in no way change “marriage” as lived by different-sex couples. In other words, opponents make largely the same crossover argument that was made forty years ago and proponents disclaim the crossover effect entirely.
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The figure shows change in opinion of Americans over gay marriage. Earlier proponents of the expansion of marriage rights for same-sex couples have highlighted the potential that such reforms have for rethinking gender roles within different-sex marriage. Jack Baker and Michael McConnell and Paul Barwick and John Singer, the first couples in the United States to file law suits challenging their inability to marry, couched their efforts as part of a larger agenda of transforming gender roles within marriage for both same-sex and different-sex couples. The same themes emerged in 1989, when Thomas Stoddard, who was then the executive
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This note was uploaded on 12/25/2010 for the course DEPTT. 2339485 taught by Professor J.khowel during the Spring '10 term at twsu.edu.

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Same-Sex Marriages - In Favor - entative Essay on Same Sex...

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