An Argument for Same-Sex Marriage

Emily R. Gill offers all Americans an object lesson in constitutional essentials, teaching us something fundamental about the relationship between religion and the law. Through a detailed, searing analysis of the conceptual and practical issues in play in the debate over same-sex marriage and civic equality, readers' comprehension of the demands of justice in a liberal-democratic society will be markedly enhanced and they will be convinced that the only legitimate outcome is civil recognition of same-sex marriage. -- Gordon A. Babst, associate professor of political science, Chapman University, and author of Liberal Constitutionalism, Marriage, and Sexual Orientation This book is a thoughtful and thought-provoking look at one of the more contentious social issues of our time. Readers on either side of this issue will find their views treated with sensitivity and respect. While Gill's position will not please everyone, it is the fruit of deep thinking on the theories and practices that undergird our institutions. I learned a great deal from this book and recommend it to anyone interested in the intersections of religion, culture, sexuality, and politics. -- Andrew Murphy, associate professor of political science, director Walt Whitman Center for the Culture and Politics of Democracy, Rutgers University [This] brilliant and sane book reminds us that the religion clauses of the First Amendment were the most radical and profound contribution of our founders to understanding and giving effect to the enduring values of our political liberalism. This book is a major contribution both to liberal political theory and constitutional law, and shows how the contemporary struggle for gay rights, including marriage equality, is at the very heart of the birthright of all Americans, our democratic constitutionalism, protecting, as it does, the basic human rights of all Americans. -- David A.J. Richards, Edwin D. Webb Professor of Law, New York University

Using the religion clause of the First Amendment as a foundation, the author contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit.The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored. In her new book, An "Argument for Same-Sex Marriage", political scientist Emily Gill draws an extended comparison between religious belief and sexuality, both central components of one's personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality. An "Argument for Same-Sex Marriage" is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.