America's war on same-sex couples and their families : and how the courts rescued them / Daniel R. Pinello.
2017
HQ1034.U5 P556 2017 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
America's war on same-sex couples and their families : and how the courts rescued them / Daniel R. Pinello.
Published
New York, NY : Cambridge University Press, 2017.
Copyright
©2017
Call Number
HQ1034.U5 P556 2017
ISBN
9781107123595 (hardback)
1107123593 (hardback)
9781107559004 (paper back)
1107559006 (paper back)
1107123593 (hardback)
9781107559004 (paper back)
1107559006 (paper back)
Description
xiii, 330 pages ; 23 cm
Other Standard Identifiers
40026548592
40026552986
40026552986
System Control No.
(OCoLC)937061942
Summary
"America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution"-- Provided by publisher.
"America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how samesex couples and their children coped within harsh legal environments"-- Provided by publisher.
"America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how samesex couples and their children coped within harsh legal environments"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 295-307) and index.
Record Appears in
Table of Contents
Acknowledgments
xi
1.
Introduction
1
Declarations of War
3
Book's Research Methods
9
Description of the Couples Sample
12
Contemplating Super-DOMA Effects
15
Motivations of Amendment Sponsors and of Voters
17
Ohio
25
2.
State Judicial Interpretations of Super-DOMAs
34
Ohio State-Court Action regarding Issue 1
36
Michigan State-Court Action regarding Proposal 2
43
Wisconsin State-Court Action regarding Referendum 1
50
Other State-Court Action
53
Understanding the Lack of Further State-Court Super-DOMA Litigation
54
Conclusion
58
3.
Effects of Super-DOMAs on Same-Sex Couples
59
Initial Shock: Personal Devastation and Isolation
60
Positive Effects
62
Super-DOMAs as Impediments to Change
66
Health Care
69
Limitations of Legal Paperwork
77
Employment Discrimination
80
Housing Discrimination
81
Public Hazing When Changing Names
82
Tax Penalties
84
Alienation from Family, Friends, and Associates
86
Fear, Insecurity, and Emotional Loss
89
Little Things
94
Wisconsin's Domestic-Partner Registry as a Rights Touchstone
96
Inability to Divorce or Otherwise Access Legal Remedies
101
Conclusion
104
4.
Effects of Super-DOMAs on Families with Children Being Raised by Same-Sex Couples
107
Michigan and Ohio in North Carolina in Wisconsin
112
Texas
115
Georgia
118
Value of Having Two Legal Parents Raising Children in Households Headed by Same-Sex Couples
126
Added Costs of Raising Children in LGBT Families
134
Message to Children
135
Marrying out of State to Solidify and Clarify Intrafamily Relationships
136
When Parents Were Separated
137
Other Challenges for Same-Sex Couples Raising Children
144
Conclusion
147
5.
Super-DOMAs and LGBT Migration: Fight or Flight?
149
Estimate of LGBT Emigrants from Super-DOMA States
150
Other Relevant Migrations
152
Knowledge and Appreciation of the Threat to Weil-Being
153
Loyalty to Country or State
155
Bubble Effect
156
Family Ties
160
Expectation of Legal or Political Redemption
162
Economic Issues
163
Impact of Traditionally Gendered Relationship Roles
165
Internalized Homophobic Social Stigma
168
Ability to Pass as Members of the Majority or Otherwise Play the System
173
Same-Sex Couples Who Left Super-DOMA States Partially or Temporarily
177
Same-Sex Couples Who Did Emigrate Permanently
181
Super-DOMA Effects on Immigration into Super-DOMA States
199
Conclusion
222
6.
How the Federal Courts Rescued Same-Sex Couples and Their Families
224
Impact of Lower Federal Courts
225
Legal Precedents
226
Lower Federal Courts' Lopsided Interpretations of Windsor
232
Impacts of Good Fortune and Political Party
234
Importance of Precedent
236
Justice Scalia as a Double Agent
237
Alternative to Judicial Action: The Roberts-Scalia-Alito Thesis of Waiting, and Waiting, and Waiting for the Democratic Process
241
Other Difficulties with the Roberts-Scalia-Alito Democratic-Process Thesis
249
7.
Conclusion
253
Did Super-DOMAs in Fact Defend and Protect Marriage?
258
Economic Losses to Super-DOMA States
260
Sponsor Motivations for Super-DOMAs: Bigotry or Not?
267
Judicial Efficacy
279
Appendix A
Texts of Super-DOMAs
285
Appendix B
Protocol of Interview Questions for Same-Sex Couples
287
Case References
291
References
295
Index
309