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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.
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
Wolf, Richard. “Timeline: Same-Sex marriage through the years.” USA Today, Gannett Satellite Information Network, 26 June 2015,
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.
This essay explores further changes that may lie ahead as same-sex marriage debates increasingly affect both family law and the convivial construal’s of marriage. Marriage as an institution has transmuted most dramatically because of the cumulative effects of the last half century of de-gendering family law. Same-sex marriage and perhaps even more so, the highly visible cultural debate over it is contributing to this process.
Meezan, William and Jonathan Rauch. "Gay Marriage, Same-Sex Parenting,and America's Children." Marriage and Child Wellbeing 15 (2005): 2.
The American family is constantly undergoing changes. In the early 1600s, the Godly Family was the prevalent family structure of the first Europeans who immigrated to the United States (Aulette, 2010). Until 1780, families were strictly patriarchal with a male head of the family, who supervised “all social activities, including education, health care, and welfare”, and insured the family’s self-sufficiency within its community (Aulette, 2010). Following this form, the Modern Family and its sub-categories, the Democratic Family and the Companionate Family, were the dominant family structures until the 1970s (Aulette, 2010). Throughout the course of almost 200 years, families evolved into more private institutions aside from the community, women withdrew more and more from physical work on the family’s property and concentrated on their designated occupation as a mother, caregiver and housewife. Men were still the head of the family in terms of pursuing an occupation to financially provide for the family’s needs. During this time, gender-specific roles within the family were reinforced, which are still partially in effect in today’s society and family structure. Since the mid-20th century, the American family seems to be changing more rapidly than ever, partially because of the influences of the Great Depression and World War II, which led to the remarkable baby boom of 1946 to 1964. Not only did the year of 1970 mark the beginning of the most recent stage in the history of the (European) American family, the Postmodern Family, it also was the year in which the first gay couple applied for a marriage license (ProCon.org, 2013). Even though the two men’s request had been denied back then, same-sex couples and their family structure h...
Today, in a world of the “postmodern family” the traditional lines of family structure are blurred. Children may come from diverse types of homes, or a couple, married or not may choose to have no children and consider themselves a family. The roots of these modern families may stem from ethnic origins, sexual orientations, or even seen as a rebellion of sorts from traditional ways. Children may live in homes of single parents, which is an exceedingly more common phenomenon as the divorce rate well publicized at around fifty percent. They may also live with homosexual parents either as a biological child of one partner or adopted by both. Also, the traditional married couple may choose to adopt locally or internationally, potentially blending ethnic backgrounds into one household. Whatever the background of the new nuclear family the challenges and experiences follow similar patterns.
Not so long ago in United States family was defined as; a couple, a man and a woman with children. Times have changed. Today, people are moving away from this definition and now going for a modern description of what family refers to. From divorced parents, single par-ents, no children families, and gay parents they are all now included to this new definition. Ac-cording to the national census bureau “A family consists of two or more people (one of whom is the householder) related by birth, marriage, or adoption residing in the same housing unit” (U.S. Census Bureau, 2010). Like everything in life family is changing. The percentage of non-traditional family is growing more and more. As mention before homosexual families are big parts of this evolution. But many wonder; what is parenthood? How are homosexual families different from traditional families? And how different countries look at homosexual families?
Goldberg, N. (2010). Gay families and the court: The quest for equal rights. Journal of Family
In the last third of the twentieth century, the nuclear family formed around marital ties and a strict division of labor based on gender, has changed to a multiple types of kinship relations. The word that best defines today's family, is the diversity, since the family now has a unique and exclusive meaning, including single-parent families and families consisting of same sex couples (Walsh, 2011). This new (or as some argue , renewed ) diversity of family forms has generated numerous comments and controversies about the consequences of these changes in the production of basic civic values necessary for social order. The changes in the family in recent decades have been truly impressive. It can be said with some justification that no comparable time, except wartime, has seen rapid changes in the conformation of the household and family behavior. It is noteworthy that every day increases the adoption of laws governing unions, the rights of gays, lesbians, and transsexuals to marry adopted in various jurisdictions in the United States (Walsh, 2011).
Challenges have beenmade on restrictions of same sex marriages as well as restrictions on adoption by a homosexual couple.Constitutional arguments such as ...
During the fight against slavery and segregation, America realized that public opinion can be wrong. The movement for women’s rights brought about the knowledge that the government has had more control over civil rights than previously believed. Both historical movements arose from a common belief: despite public opinion, the government should protect the freedoms outlined in the constitution. Current societal issues related to marriage reflect this principle; however, authors Cherlin and Bennett would disagree on the connection being made. Cherlin acknowledges that momentum in the fight for homosexual equality has been attained by the degradation of the marital structure. As family structure among heterosexual couples is more often dysfunctional and more commonly broken down, a question arises of whether or not homosexual marriages radically affect society any more than this. Cherlin makes the implication that, if no compelling state interest can be found against gay marriage legalization, keeping it illegal would be a civil inequity. Bennett would contend that with this momentum, society may be blindly crossing a line. Divorce rates and out of wedlock births have skyrocketed due to legal changes in the availability of marriage and divorce documents. He points out that these negative effects will only increase with further law changes. “Indeed,
Stoddard, T, Fein, B, (Jan. 1990) Gay Marriage, Personal relationships, Marriage, Legislation, Homosexuality, American Bar Association, (Pages 42, 42)
This essay will begin by examining the relevant case law in the ECtHR, specifically regarding family life and same-sex couples. The essay will then continue on to look at Irish case law on the non-marital family and how the jurisprudence of the European court has influenced this. This essay will finish by examining the impact in society of this treatment of non-marital families and ways this could change.
... the past several years is the same-sex family. Since the sexual revolution of the 1960’s, changing attitudes have brought more tolerance to the gay and lesbian community. This has somewhat loosened the stigma previously associated with this segment of the population. Along with evolving public attitudes, economic and legal changes in the United States have also reduced barriers previously facing same-sex couples making it more likely for them to form families (Butler, 2004). On the other hand, continued strong institutional ties to marriage between one man and one woman continue to pose problem for this group and shape social agendas (Glenn, 2004; Lind, 2004). While several states and many employers have given recognition and benefits to homosexual partners, there is still no uniform policy in place which addresses their familial rights in the United States.