Badgett, M. V. Lee.  When gay people get married: what happens when societies legalize same-sex marriage.  New York University, 2009.  287p index; ISBN 0-8147-9114-X , $35.00; ISBN 9780814791141, $35.00. Reviewed in 2010feb CHOICE.
47-3418 K699 2009-3251 CIP

Badgett (economics, Univ. of Massachusetts, Amherst) examines key debates over same-sex marriage through the lens of the Dutch experience with the recognition of same-sex relationships. Looking at quantitative and qualitative data, she makes an argument friendly to same-sex marriage and marriage more generally, that the institution of marriage is less transformed by including same-sex couples than gay identity is changed by the availability of marriage, a point most clearly made by the interviews with Dutch couples. Badgett is more successful in responding to marriage equality opponents than she is speaking to marriage dissidents within the gay community concerned about normalizing gay culture. Badgett’s analysis is often most interesting in pointing out social and cultural differences between US and Scandinavian societies, including the breadth of the welfare state, religiosity, and general beliefs about the institution of marriage that may explain why the debate has been more heated in the US, though she sidesteps conservative anti-gay arguments that marriage grants gay couples legitimacy. While not groundbreaking in presenting dramatic new evidence or arguments, Badgett does consolidate and address most of the debate over marriage equality in social science research and popular media. Good for classrooms or a general audience. Summing Up: Recommended. All readership levels. — C. E. Rasmussen, University of Delaware

Cahill, Sean.  Same-sex marriage in the United States: focus on the facts.  Lexington Books, 2004.  159p bibl index afp; ISBN 0-7391-0881-6, $60.00. Reviewed in 2005may CHOICE.
42-5572 HQ1034 2004-13082 CIP

In 2003-4, same-sex marriage was certainly among the most visible and contentious social issues in the US. This book presents a timely, clearly written survey of many of the key aspects of the debate and the relevant research relating to it. Cahill (director, Policy Institute, National Gay and Lesbian Task Force) begins with a review of the “fierce debate” on this issue, placed in a historical context, and then considers the political agenda in the anti-gay movement. A third chapter reviews benefits according gay people full recognition as families. A long fourth chapter examines the emergence of gay rights as a political issue, especially since 1972, taking the discussion through spring 2004. A final chapter provides an account of two stories of gay partners, suggests some ramifications since 9/11 for such partners, and considers future directions. The book includes some helpful tables and charts, and boxes listing important legislative developments. The author, a PhD in political science, identifies himself as a gay activist, and this commitment is evident throughout the book. Altogether, this is an informative, useful contribution to the literature on same-sex marriage. Summing Up: Recommended. General and undergraduate collections. — D. O. Friedrichs, University of Scranton

Defending same-sex marriage: v.1: “Separate but equal” no more; v.2: Our family values; v.3; The freedom-to-marry movement, ed. by Mark Strasser et al.  Praeger, 2007.  3v bibl index afp; ISBN 0-275-98772-8 , $300.00. Reviewed in 2007dec CHOICE.
45-2326 HQ1034 2006-31058 CIP

These 42 essays are addressed to activists, advocates, and the sympathetic. Notwithstanding some essayists’ dire warnings, the forward movement of same-sex marriage has been so fast and sweeping as to date even recent essays. Despite the essays’ consistently high quality, the collection warranted some deselections. But the very diversity of subjects and voices ensures that every reader will learn much. Sean Cahill, for instance, masters the data on 2004 statehouse elections to show that anti-gay marriage amendments did not deny John Kerry victory. Andrew Koppelman intelligently argues that the 1996 Defense of Marriage Act (never court-tested) is unconstitutional. He also helps explain how, in the wake of the Supreme Court overturning sodomy laws in Texas and elsewhere (2003) and Massachusetts embracing same-sex marriage (2004), George W. Bush launched the Federal Marriage Amendment campaign (2004). Some of the best essays describe compelling personal experience, such as Robin Tyler and Andy Thayer “laying the groundwork” in Vermont. Norman Kansfield officiated at the marriage of his lesbian daughter and her partner in the teeth of the Reformed Church’s opposition, despite its taking away his livelihood. The General Accounting Office identified 1,138 ways marriage implicates federal law. The Census Bureau reports more black than white same-sex couples raising children. This work on same-sex marriage is about inequalities and injustices experienced by families. The essayists seem certain that same-sex marriage has become the alpha and omega of the gay and lesbian cause, humanizing both the issues and lesbian and gay people. And it is successful. Since the book’s publication, New Hampshire has joined Massachusetts, Vermont, California, Hawai’i, New Jersey, and the District of Columbia in recognizing same-sex unions. Oregon follows in 2008. Summing Up: Highly recommended. All levels/libraries. — P. K. Cline, Earlham College

Eskridge, William N., Jr.  Gay marriage: for better or for worse?: what we’ve learned from the evidence, by William N. Eskridge, Jr. and Darren R. Spedale.  Oxford, 2006.  336p bibl index afp; ISBN 0-19-518751-2 , $29.95; ISBN 9780195187519, $29.95. Reviewed in 2007jan CHOICE.
44-2981 K699 2005-27132 CIP

US lawyers Eskridge and Spedale make a careful, lawyerly case for homosexual marriage. Their primary evidence comes from Scandinavian countries, which have allowed marriage or marriage-like relations for same-sex couples for more than a decade. The authors consider the critiques of gay marriage, especially from US critics such as Senator Rick Santorum, Judge Robert Bork, and researchers Maggie Gallagher and Stanley Kurtz. Eskridge and Spedale argue that the Scandinavian experience should allay some of the fears of gay marriage that have been expressed in this country. Citing official statistics, they show that same-sex couples have not rushed to marry or make civil unions in those European countries that now allow it. Nor has marriage declined much faster in those countries, where it was already in deep trouble. On the contrary, the authors argue that gay marriage can only help promote the ideal of marriage as a permanent commitment. They promote an incremental and compromising strategy for creating legal same-sex unions in this country. Summing Up: Recommended. Upper-division undergraduates and above. — B. Weston, Centre College

Gerstmann, Evan.  Same-sex marriage and the Constitution.  Cambridge, 2004.  222p bibl index ISBN 0-521-81100-7, $60.00; ISBN 0-521-00952-9  pbk, $22.00. Reviewed in 2004may CHOICE.
41-5565 KF539 2002-41537 CIP

In its analysis of statutes passed by majoritarian institutions, the US Supreme Court applies heightened scrutiny whenever statutes pertain to “suspect” (or, in the case of sex, “semisuspect”) classifications or when they abridge “fundamental” rights (substantive rights not explicitly laid out in the Constitution). Gerstmann enters the discussion on a hotly debated legal and public policy issue in arguing that the latter concept should be applied in Court analysis of bans on same-sex marriage. This fundamental right notion undergirds the majority opinion in the 2003 Goodridge v. Department of Public Health decision–handed down soon after the book’s publication–in which the Massachusetts high court interpreted that state’s bar to same-sex marriage to be in conflict with the state constitution. In presenting his argument in a step-by-step manner and in clear text, Gerstmann responds to critics from the Right and Left. Gerstmann has developed a vitally important work in the ongoing legal debate over same-sex marriage. He presents an insightful framework for the Court’s recognition of fundamental rights more generally–an area of constitutional interpretation that he terms a “shambles” at present–and makes a strong argument that principle, rather than the potential of a backlash against an unpopular Court decision, should guide jurists. Summing Up: Highly recommended. Upper-division undergraduates and above. — J. Barth, Hendrix College

Mello, Michael.  Legalizing gay marriage.  Temple University, 2004.  337p index afp; ISBN 1-59213-078-X, $68.50; ISBN 1592130798  pbk, $22.95. Reviewed in 2005mar CHOICE.
42-4309 HQ1034 2003-68703 CIP

Mello’s book has three parts. The first is a narrative of the Vermont State Supreme Court decision Baker v. State. The court charged the legislature with devising a constitutional scheme to protect same-sex unions. Mello (law, Univ. of Vermont) examines court transcripts, conducts interviews with the parties to the case, and presents copious examples from Vermont newspaper stories. The second studies the impact of that decision in and outside the legislative chambers. Reviewing committee hearings, testimonies, and, most importantly, letters to the editor, demonstrations, and public commentaries brings out the sometimes ugly reality of the issue: there are a lot of homophobes in Vermont, and their reasons are largely based on scripture. This book was published before the 2004 election. It seems prophetic: public reaction in Vermont is similar to public reaction elsewhere. Those who wish to extend state-recognized marriage to same-sex couples have an escalating albeit likely constitutional argument. In the third part, Mello argues that any recognition of same-sex unions that does not include marriage violates the Equal Protection Clause of the Fourteenth Amendment. The doctrinal analogy is “separate but equal” for racial classifications. The author is able to incorporate that case–published after Lawrence v. Texas–into his argument. Summing Up: Highly recommended. All levels. — D. S. Mann, College of Charleston

Moral argument, religion, and same-sex marriage: advancing the public good, ed. by Gordon A. Babst, Emily R. Gill, and Jason Pierceson.  Lexington Books, 2009.  245p index; ISBN 9780739126493, $75.00; ISBN 9780739126509  pbk, $29.95. Reviewed in 2010jun CHOICE.
47-5940 KF539 2009-20014 CIP

Recognition of same-sex marriage is one of the most divisive issues in US politics. Opponents invoke religion, morality, law, and public opinion to support their positions. Responding to critics, the essayists in this volume not only defend same-sex marriage but offer a broader argument favoring sexual pluralism and government endorsement of a diversity of lifestyle choices. The strength of the book is to assert that American history, law, democracy, and morality is on their side. Chapters such as those by Steiner and Babst argue against claims that same-sex marriage threatens traditional relationships. Others such as the chapter by Gill address the religious claims, while those by Struening, Snyder-Hall, and Marcosson address constitutional and legal claims. Collectively they provide a good analysis of recent debates and court cases in California, Massachusetts, and other states that have debated or litigated same-sex marriages. Chapters by Ball, Lehr, Pierceson, and Feldblum take debates about same-sex marriage into a new direction, looking at how it raises important questions about democratic theory and the way progressives should use moral arguments in defending their views. Suitable for collections on law, US politics, and gay-lesbian issues. Summing Up: Recommended. All readership levels. — D. Schultz, Hamline University

Newton, David E.  Same-sex marriage: a reference handbook.  ABC-CLIO, 2010.  298p bibl index afp; ISBN 9781598847079, $55.00. Reviewed in 2011mar CHOICE.
48-3637 HQ1033 2010-21774 CIP

Newton (independent scholar) tackles a controversial issue through a combination of history, chronology, legal information, data, and biography. The result is a timely, balanced presentation of both sides of the same-sex marriage debate. Although this book, part of the “Contemporary World Issues” series, focuses primarily on the US, the opening chapter introduces readers to the changing understandings of marriage throughout history, as well as differences in cultural attitudes and religious perspectives. Two chapters form the core of the work. “Problems, Controversies, and Solutions” explores the pro/con positions and includes rebuttals for each position. “Documents and Data” reprints excerpts from state and federal legislation, including proposed and failed legislation, court cases, and government reports. Biographical sketches are brief, covering litigants, researchers, and activists, and complemented by contact and descriptive information for organizations. End-of-chapter references are supplemented by an extensive chapter devoted entirely to print and nonprint resources conveniently arranged by subject: history, civil rights issues, pro and con arguments, and general review materials. A glossary is included. For a more in-depth pro/con treatment, see Andrew Sullivan’s edited Same-Sex Marriage: Pro and Con (rev. and updated ed., 2004) and L. D. Wardle’s edited Marriage and Same-Sex Unions: A Debate (CH, Dec’03, 41-2501). Summing Up: Highly recommended. Lower- and upper-level undergraduates; general readers. — E. M. Bosman, New Mexico State University Library

Phy-Olsen, Allene.  Same-sex marriage.  Greenwood, 2006.  231p bibl index afp; ISBN 0-313-33516-8, $49.95. Reviewed in 2007sep CHOICE.
45-0575 HQ1033 2006-15690 CIP

This offering in the “Historical Guides to Controversial Issues in America” series explores the religious, social, and legal issues surrounding the gay marriage debate in the US as well as in other cultures. Although a necessarily brief, single-volume overview of a complex topic, the book covers the significant and differing social and economic forces that historically have affected marriage. Phy-Olsen (English, Austin Peay State Univ.) outlines the taboos against, or tolerance of, homosexuality in varying periods and cultures; presents key arguments for and against the extension of marriage by leading proponents on both sides; describes alternatives that exist to traditional heterosexual marriage; and provides the history of the LGBT subcultures/liberation movements and a discussion of the future of gay rights and heterosexual matrimony as an institution. An appendix lists pro-gay marriage movies (noting that few movies opposing same-sex marriage are made), and an annotated bibliography provides researchers with primary source materials. A few typographical and grammatical errors escaped proofreading. A highly useful, balanced presentation of the arguments for both sides of the debate. Summing Up: Highly recommended. A good resource for public libraries and high school and undergraduate level collections. — A. B. Johnson, Ithaca College

Pinello, Daniel R.  America’s struggle for same-sex marriage.  Cambridge, 2006.  213p bibl index; ISBN 0-521-84856-3, $55.00; ISBN 9780521613033  pbk, $19.99; ISBN 9780521848565, $55.00; ISBN 0521613035  pbk, $19.99. Reviewed in 2007jun CHOICE.
44-5944 HQ1034 2005-34448 CIP

Pinello (John Jay College of Criminal Justice, CUNY) succinctly depicts how the battle for same-sex marriage has evolved from a legal one into a social movement. The text utilizes major court cases in Massachusetts, Oregon, California, New Mexico, and New York; 85 in-depth interviews, including 50 of married same-sex couples; and the social context in which these challenges occurred. Goodridge, a landmark case in which the Massachusetts Supreme Judicial Court ruled that marriage exclusively for opposite sex partners violated equal protection rights, spurred the effort. Pinello clearly shows how the fight for equal marriage follows that of previous civil rights struggles–the quest for respect, unrecognized “heterosexual privilege,” the interaction of mass action with legal interventions, political backlash–and discusses nuances and conservative viewpoints such as fear of social change, legal precedence, the desire for consensus building, bigotry, and blind acceptance of tradition. The book argues that civil unions are insufficient; they provide second-class status and deny federal benefits and protections. The cases are somewhat hard to follow; each state should have had the same format. Nevertheless, this readable book artfully weaves personal narratives with complex legal material. Summing Up: Highly recommended. Collections on discrimination and gay/lesbian and gender studies, all levels. — S. D. Borchert, emerita, Lake Erie College

The Politics of same-sex marriage, ed. by Craig A. Rimmerman and Clyde Wilcox.  Chicago, 2007.  385p bibl index afp; ISBN 9780226720005, $60.00; ISBN 9780226720012  pbk, $20.00. Reviewed in 2008jul CHOICE.
45-6450 HQ1034 2006-101402 CIP

Fourteen scholarly essays are included in this excellent collection on the politics surrounding one of the most widely discussed public policy matters of the decade. The editors show that the battle over same-sex marriage is political in a very broad sense, with impact not just in the electoral and policy-making arenas but also in the lives of real Americans. Exhibiting the true interdisciplinarity necessary to fully understand this complex issue, the authors draw upon a wide array of methodologies–historical, psychological, legal, sociological, and theological, as well as more traditional political science methodologies such as voting and public opinion analysis. While some of the authors are explicitly normative in their reactions to the events of the past decade, these observations–such as John D’Emilio’s grappling with the “boomerang” impact of litigation whose goal is equality for gay/lesbian Americans–typically only add depth to the analysis. Although there is some redundancy when it comes to the history of efforts to gain same-sex marriage and the countermovement against it, this collection serves as a crucial addition to collections for use by students and scholars of different levels working on this topic. Summing Up: Highly recommended. All readership levels. — J. Barth, Hendrix College

Same-sex marriage in the Americas: policy innovation for same-sex relationships, ed. by Jason Pierceson, Adriana Piatti-Crocker, and Shawn Schulenberg.  Lexington Books, 2010.  248p index afp; ISBN 9780739128657, $70.00; ISBN 9780739128664  pbk, $29.95. Reviewed in 2010dec CHOICE.
48-2327 HQ1034 2009-51172 CIP

This book edited by Pierceson (Univ. of Illinois), Piatti-Crocker (Univ. of Illinois), and Schulenberg (PhD candidate, Univ. of California, Riverside) could serve well in a comparative politics, sociology, or gender studies course. It includes contributions on the status of same-sex relationships in the US, Mexico, Central and South America, and the Caribbean. The chapters on Argentina, Mexico, and Brazil are insightful and detail the unique features of those countries’ political systems. The chapter titled “Deconstructing the Backlash” assesses the argument that the states in the US where the pro-gay-marriage-rights policies have been spearheaded by state supreme court decisions will face a backlash from the general population, which will culminate in a state constitutional amendment to reverse the court’s decision. Each chapter gives an extensive review of the literature and a comprehensive synthesis of the issues in the country under investigation. Undergraduates as well as graduate students and many members of the general public will be interested in this well-written survey of where various countries in the Americas currently stand on gay marriages. Summing Up: Recommended. Upper-division undergraduates and above. — S. M. Wheeler, Indiana University of Pennsylvania

Snyder, R. Claire.  Gay marriage and democracy: equality for all.  Rowman & Littlefield, 2006.  177p bibl index afp; ISBN 0-7425-2786-7, $60.00; ISBN 9780742527874 , $60.00.  Outstanding Title! Reviewed in 2007may CHOICE.
44-5317 HQ1034 2005-18300 CIP

In this fairly brief book, Snyder (George Mason Univ.) places the contemporary debate over same-sex marriage in the US in the context of American democratic theory. In contrast to those who argue that democratic bodies should decide the extension to gay men and lesbians of the right to marry, she clearly argues that the right to civil marriage is a fundamental right essential to the existence of true democracy. As Snyder puts it, “the fundamental principles of liberal democracy–legal equality, individual liberty, civil rights, personal autonomy, human dignity, and the state of fairness–require the legalization of same-sex marriage … whether or not a majority approves.” In presenting her own argument concisely, the author neatly synthesizes a wide swath of legal and theoretical literature in building her case and in answering critics in the communitarian, religious conservative, and queer liberation schools of thought. Adherents of those beliefs will certainly not be convinced by Snyder’s argument. However, this well-written text enhances both introductory and more advanced conversations about an issue that seems certain to remain front and center in American political debates through the first decades of the century. Summing Up: Highly recommended. General readers, upper-division undergraduates through faculty. — J. Barth, Hendrix College

Whitehead, Jaye Cee.  The nuptial deal: same-sex marriage and neo-liberal governance.  Chicago, 2012.  205p bibl index afp; ISBN 9780226895284, $65.00; ISBN 9780226895291  pbk, $24.00. Reviewed in 2012jun CHOICE.
49-5993 HQ1034 2011-24764 CIP

For almost two decades, activists have been fighting to overturn the Defense of Marriage Act (DOMA), signed by President Clinton and declaring marriage to be between one man and one woman; to win marriage rights for same-sex couples; and to defeat voter initiatives and propositions that would institute state versions of DOMA. Sociologist Whitehead (Pacific Univ.) tells the compelling story of the people engaged in these struggles, the arguments they make, and the deeply felt threats they face. Most significantly, the author shows how these activists’ appeals to equality, rights, dignity, and community reinforce the privatization of risk (of illness, loss, and poverty), conservative “naturalization” arguments, and neoliberal logics of efficient governance as the price of free choice and privacy. Marriage as a state institution discriminates not just against same-sex couples, who might seek remedies for exclusion, stigma, and risk by demanding marriage rights; state-sanctioned marriage discriminates against a wide variety of sexual and care relationships. Worse, the delegation of risk to married couples undercuts broader progressive struggles for universal rights and dedication of social resources to care, safety, solvency, and human connection. Whitehead’s vigorous prose and data make fascinating albeit depressing reading. Summing Up: Recommended. All levels/libraries. — L. D. Brush, University of Pittsburgh

Editor’s note: The following pertinent title will be reviewed in a forthcoming issue:

Barker, Nicola.  Not the marrying kind: a feminist critique of same-sex marriage. Palgrave Macmillan, 2012.  231p bibl index; ISBN 9780230299825, $95.00

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