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Recommended: What is family
While a popular catchphrase states that “family is a circle of friends that love you”, from a legal standpoint, the word “family” requires definition. Traditionally, a family has been defined as a married heterosexual couple and their children, but as more and more states are legalizing same-sex marriage, new questions arise. Regardless of one's position about whether gay marriage should be legal, it is clear that the definition of family is changing and the legal system will need to address these changes. Whether it is determining who should be a custodial parent, clarifying adoption processes, or implementing legal protections in cases of divorce, family law must grow and change along with the definition of family.
Through my research, I hope to present point/counterpoint in each of these three areas, as an illustration of how our legal system needs to adapt. This process will encourage the reader not just to consider the broader impact of legalizing gay marriage, but also encourage the reader to question his or her own definition of “family” by considering how unevenly existing laws have been applied. Law changes in this area stand to impact not just gay couples, but even traditional heterosexual couples (Brennan). I am not seeking to convince my audience that gay marriage is right; I am trying to provide them with food for thought regarding those challenges that are faced by gay spouses and suggest ways for future laws to be more inclusive of the new paradigm.
Review of Sources
While I am still locating specific sources to further my thesis, as outlined in my research plan, .
I am primarily using Internet resources. This is due not only to time constraints, but to the currency of the sources that are best suited to this t...
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...ghts to others due to their sexuality. It may also provide a means of expanding one's definition of what constitutes a family in this post-nuclear age.
Works Cited
Brennan, Christopher. "Russia Bans Adoptions to Countries Where Gay Marriage Is Legal." The Moscow Times. The Moscow Times, 13 Feb. 2014. Web. 13 Feb. 2014.
Hunter, Nan D. "The Future Impact of Same-Sex Marriage: More Questions Than Answers." The Scholarly Commons. Georgetown University Law Center, n.d. Web. 13 Feb. 2014.
McKinley, James C., Jr. "N.Y. Judge Alarms Gay Parents by Finding Marriage Law Negates Need for Adoption." New York Times. New York Times, 28 Jan. 2014. Web. 12 Feb. 2014.
"The Peculiar Mechanics of Gay Divorce." NYMag.com. New York Magazine, n.d. Web. 13 Feb. 2014.
Roberts, Caitlin Stark and Amy. "By the Numbers: Same-sex Marriage." CNN. Cable News Network, n.d. Web. 13 Feb. 2014.
Throughout the recent history of America, gay marriage has always been an issue. With the different views and morals everyone has on the subject, it makes it hard for individual states to determine what side they should be on. In 1983 a Harvard Law School student, Evan Wolfson, wrote a thesis stating the rule of marriage equality. Justices concluded that gay couples were entitled to the legal benefits of civil marriage; and most crucially in the Supreme Judicial Court in Massachusetts, whose favorable ruling, in a suit by lawyer Mary Bonauto and the Boston-based Gay and Lesbian Advocated and Defenders, led to the nation’s first bona fide same-sex marriages…” (“Gay Marriage turns 10 and Credit Should Be Spread around- The Boston Globe). On May 17, 2004 Massachusetts became the first state to legalize gay marriages. In June of 2013, California legalized gay marriages, which helped their large LGBT (Lesbian, gay, bisexual, and transgendered) community. (“History and Timeline of the Freedom…”). When this finally happened, it was seen as a great achievement by Karmala Harris, a California Attorney. “This is a profound day in our country, and its just the right thing: ‘Justice is finally being served’” (“Court Gives OK for California Gay Marriages”).
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
The constitutional right of gay marriage is a hot topic for debate in the United States. Currently, 37 states have legal gay marriage, while 13 states have banned gay marriage. The two essays, "What’s Wrong with Gay Marriage?" by Katha Pollitt and "Gay "Marriage": Societal Suicide" by Charles Colson provide a compare and contrast view of why gay marriage should be legal or not. Pollitt argues that gay marriage is a constitutional human right and that it should be legal, while Colson believes that gay marriage is sacrilegious act that should not be legal in the United States and that “it provides a backdrop for broken families and increases crime rates” (Colson, pg535). Both authors provide examples to support their thesis. Katha Pollitt provides more relevant data to support that gay marriage is a constitutional right and should be enacted as law in our entire country, she has a true libertarian mindset.
Family used to be a single unit, consisting of a husband, wife and children. This unit was widely thought as a group based on marriage and biological parenthood as sharing a common residence and united by ties of affection, obligations, care, support, and a sense of common identity. However, due to the change in values, laws, family structure and social trends, the definition of family has been defined as a married or cohabiting couple with or without children living under one roof, children may be dependent or independent. (Office for national statistics) (2006)
One definition is “a significant social group in society typically consisting of one or two parents and their children.” While such definition is a good starting point, some modern family structures are excluded by such definition. In her essay, “Family: Idea, Institution, and Controversy,” Betty Farrell apparently assumes that the traditional family has dramatically changed, and the dynamics of change—altered the definition of a “family.” A family is no longer a picture of a particular image of the mythic past, referring to the golden days of the “1950s.” It is no longer a father, mother and their biological children living together under one roof (and certainly not with the a breadwinner father and a stay-at-home mother). In today 's modern society, it is now common to see women raising their children by themselves without their husbands’ help; unmarried couples living together; and gay and lesbian couples—while far from being universally accepted—adopting and raising children to complete their families. Therefore, despite the children living in one-parent households, or they do not live with their “married-heterosexual-biological-parents” under the same roof—does not necessarily mean they are not families. Farrell states that “a family is defined not so much by a particular set of people as by the quality of relationships that bind them together.” In other words, Farrell believes that a “family” is more than just a collection
Meezan, William and Jonathan Rauch. "Gay Marriage, Same-Sex Parenting,and America's Children." Marriage and Child Wellbeing 15 (2005): 2.
Sanchez, Ray, and Miguel Marquez. "Arizona Lawmakers Pass Controversial Anti-Gay Bill." CNN.com. Cable News Network, 21 Feb. 2014. Web. 7 Mar. 2014.
Spohn, William C., and Barbara Dafoe Whitehead. "The American Myth of Divorce." Santa Clara University - Welcome. Web. 21 Feb. 2011. .
In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may involve children, which can make an already tricky situation even more problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the time their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of dispute resolution such as mediation, albeit with its own criticisms, helps to keep relationships afoot in that it provides an opportunity for peaceful and mutual agreements to be made in a more laid back environment.
... if? The legal consequences of marriage and the legal needs of lesbian and gay male couples. Michigan Law review. Nov.1996. Pg. 447-491. http://www.jstor.org.remote.baruch.cuny.edu/stable/1290119?seq=1&uid=3739664&uid=2134&uid=2&uid=70&uid=4&uid=3739256&sid=21103079482127
Note: This paper has a very long Annotated Bibliography. In recent years, same-sex relationships have become more encompassing in US society. State legislation is changing such as accepting gay marriages, enforcing anti-discrimination laws, and legal gay adoptions; the lesbian, gay, bisexual, and transgender community is becoming public. Gay-headed families, like heterosexuals, are diverse and varying in different forms.
Becker, Joe. "A Conservative’s Road to Same-Sex Marriage Advocacy." New York Times 18 Aug. 2009: 1-3. Print.
Gilgoff, Dan. "The Rise of the Gay Family." U.S. News & World Report 2004: 40-45. 30 Jan. 2014.
Stoddard, T, Fein, B, (Jan. 1990) Gay Marriage, Personal relationships, Marriage, Legislation, Homosexuality, American Bar Association, (Pages 42, 42)
“The family is a social group characterised by common residence, economic co-operation and reproduction. It includes adults of both sexes, at least two of whom maintain a socially approved sexual relationship, and one or more children, own or adopted of the sexually cohabitating adults.” MURDOCK (1949)