Overview

"Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called ""responsible procreation"" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that recently reached the Supreme Court and explains why the constitutionality of same-sex marriage bans cannot be defended on the basis that maintaining marriage as an exclusively heterosexual institution helps to promote the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare."

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9780199977871

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Reviews

The book is unique in its focus on the role that procreative and child welfare considerations have played in policy and legal debates involving same-sex marriage - and how these considerations have been deployed by those who oppose marriage equality and parenting rights for same-sex couples. It will be an excellent supplement to courses on marriage, law, LGBT rights, and family policy. --Abbie E. Goldberg, Associate Professor of Psychology at Clark University, Author of Gay Dads and Lesbian and Gay Parents and Their Children, and Editor of LGBT-Parent Families Arguments about the welfare of children have long been at the center of the same-sex marriage debate. In this important new book, Carlos Ball lucidly analyzes these arguments through the prisms of law, history and sociology. Ball's analysis manages to be both systematic, yet highly readable, and the book will be a must-read for those who want to understand how ideas about procreation and 'parental optimality' have been used-and often misused-in the debate. --Jane S. Schacter, William Nelson Cromwell Professor of Law, Stanford University Law School How will marriage equality affect children? This question has played a starring role in recent battles over legal recognition for the marriages of same-sex couples. As Carlos Ball's exposition reveals, debates about marriage law have been deeply affected by beliefs about child development. On the other hand, arguments about child welfare have also been used at times to mask quite different concerns. By intertwining materials from social science, social history, and law, Ball weaves a tale of impressive breadth and clarity. In the end, he writes, marriage equality debates renew old questions about the qualities of good parenting and about the purposes of marriage. As marriage equality becomes a reality before our eyes, all those who care about marriage, parenting, and the law will be enlightened by Professor Ball's book. -- Charlotte J. Patterson, PhD, Professor of Psychology, University of Virginia

The book is unique in its focus on the role that procreative and child welfare considerations have played in policy and legal debates involving same-sex marriage - and how these considerations have been deployed by those who oppose marriage equality and parenting rights for same-sex couples. It will be an excellent supplement to courses on marriage, law, LGBT rights, and family policy. --Abbie E. Goldberg, Associate Professor of Psychology at Clark University, Author of Gay Dads and Lesbian and Gay Parents and Their Children, and Editor of LGBT-Parent Families Arguments about the welfare of children have long been at the center of the same-sex marriage debate. In this important new book, Carlos Ball lucidly analyzes these arguments through the prisms of law, history and sociology. Ball's analysis manages to be both systematic, yet highly readable, and the book will be a must-read for those who want to understand how ideas about procreation and 'parental optimality' have been used-and often misused-in the debate. --Jane S. Schacter, William Nelson Cromwell Professor of Law, Stanford University Law School How will marriage equality affect children? This question has played a starring role in recent battles over legal recognition for the marriages of same-sex couples. As Carlos Ball's exposition reveals, debates about marriage law have been deeply affected by beliefs about child development. On the other hand, arguments about child welfare have also been used at times to mask quite different concerns. By intertwining materials from social science, social history, and law, Ball weaves a tale of impressive breadth and clarity. In the end, he writes, marriage equality debates renew old questions about the qualities of good parenting and about the purposes of marriage. As marriage equality becomes a reality before our eyes, all those who care about marriage, parenting, and the law will be enlightened by Professor Ball's book. -- Charlotte J. Patte

Author Information

Carlos A. Ball is Distinguished Professor of Law and Judge Frederick Lacey Scholar at Rutgers University. An expert in family and constitutional law, he has written several books on LGBT rights, including From the Closet to the Courtroom, The Right to be Parents, and The Morality of Gay Rights.

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