See http://www.ftm.org/archive/lldef/bibliography.html for the most current version Lambda Legal Defense and Education Fund BIBLIOGRAPHY OF EQUAL MARRIAGE RIGHTS FOR LESBIANS AND GAY MEN Evan Wolfson December 19, 1996 Please see the end of this bibliography for information on the Association of the Bar of the City of New York's bibliography of equal marriage rights for lesbians and gay men. The following is an eclectic list of useful sources on equal marriage rights for lesbians and gay men (***bold items are particularly recommended). This list is divided into the following categories: Gay People's Right to Marry: Law Review Articles Since Baehr v. Lewin Gay People's Right to Marry: Press Articles Gay & Lesbian Intra-Community Debate Nationwide Recognition/Full Faith and Credit Historical "Domestic Partnership"/Other Family Arrangements International General Background I. Gay People's Right to Marry: Law Review Articles Since Baehr v. Lewin Baehr v. Lewin, 852 P.2d 44, 74 (Haw. 1993) (landmark decision of Hawaii Supreme Court presumptively invalidating discriminatory refusal to issue marriage licenses to same-sex couples) Otis R. Damslet, "Same-Sex Marriage," 10 N.Y.L. Sch. J. Hum Rgts 555 (1993) Jonathan Dietrich, "The Lessons of the Law: Same-Sex Marriage and Baehr v. Lewin," 78 Marquette L. Rev. 121 (1994-95) Jordan Herman, "The Fusion of Gay Rights and Feminism: Gender Identity and Marriage After Baehr v. Lewin," 56 Ohio State L. J. 985 (1995) William H. Hohengarten, "Same-Sex Marriage and the Right of Privacy," 103 Yale L. J. 1495 (1994) Anthony Infanti, "Baehr v. Lewin: A Step in the Right Direction for Gay Rights," 4 J. of L. & Sexuality 1 (1994) Christine Jax, "Same-Sex Marriage -- Why Not?," 4 Widener J. Pub. L. 461 (1995) Nancy Klingeman & Kenneth May, "For Better or for Worse, In Sickness and in Health, Until Death Do Us Part: A Look At Same-Sex Marriage in Hawaii," 16 U. of Hawai'i L. Rev. 447 (1994) ***Richard D. Mohr, "The Case for Gay Marriage," 9 Notre Dame J. of L., Ethics & Pub. Pol. 301 (1995) Jeff Stewart, "The Wedding Luau -- Who Is Invited?: Hawaii, Same-Sex Marriage, and Emerging Realities," ___ Emory L. J. ___ (Fall 1995) (forthcoming) Erik J. Toulon, "Call the Caterer: Hawaii to Host First Same-Sex Marriages," 3 S. Cal. Rev. of L. & Women's Stud. 109 (1993) Carol T. Tully, "To Boldly Go Where No One Has Gone Before: The Legalization of Lesbian and Gay Marriages," 1 J. of Gay & Lesbian Soc. Serv. 73 (1994) ***Evan Wolfson, "Crossing the Threshold: Equal Marriage Rights for Lesbians and Gay Men, and the Intra-Community Critique," 21 N.Y.U. Rev. L. & Soc. Change 567 (1994-95) ***Evan Wolfson, "Why We Should Fight for the Freedom to Marry," 1 J. of Gay, Lesbian & Bisexual Identity 79 (Jan. 1996) II. Gay People's Right to Marry: Press Articles Stephen Chapman, "Gay Moms and Gay Marriage: Can We Find a Better Way?," Chicago Tribune, Dec. 1, 1994 ("conservative" case for equal marriage rights) David Dunlap, "Panel in Hawaii Recommends Legalizing Same-Sex Marriage," The New York Times, December 11, 1995, p. A18 (review of Governor-appointed panel's unprecedented recommendation that the Legislature grant marriage rights and responsibilities to same-sex couples) David Dunlap, "Some States Trying to Stop Gay Marriages Before They Start," The New York Times, March 15, 1995, p. A18 (overview of premature backlash) Editors, "Let Them Wed," The Economist, January 6, 1996, Page 13 (cover story; conservative argument in support of marriage rights for gays and lesbians, stressing the inevitability and indispensability of government involvement in the issue) Editors, "Same-Sex, again," Honolulu Advertiser, July 9, 1995 (editorial urging the Hawaii courts not to delay and confuse the issue any further) Editors, "The Freedom to Marry," The New York Times, April 7, 1996, page 10 (editorial arguing that it is the state's compelling interest "to foster stable, long-term relationships and to clarify important legal and economic issues" by allowing same-gender couples to legally marry) Peter Freiberg, "Gay Marriage Rights Emerge as a Priority," The Washington Blade, December 22, 1995, p. 21 (discusses the gay community's increasingly positive opinion of same-gender marriage, highlighting its place as a prominent and valuable political issue) (2 pages) Peter Freiberg, "Gays Win in South Dakota, Lose in Utah," The Washington Blade, March 3, 1995, p.1 (backlash) Peter Freiberg, "Next January could be a Hot One in Hawaii," The Washington Blade, March 31, 1995, Page 21 (details of developments in Hawaii) Peter Freiberg, "One in Three think Gays should have Right to Wed," The Washington Blade, July 14, 1995, Page 23 (reports the results of a poll conducted by EPIC/MRA-Mitchell Research) Richard Goldstein, "The Great Gay Marriage Debate," The Village Voice, January 9, 1996, Page 24 (cover story; overview of the debate over same-gender couples' marriage rights, pointing out conflicting arguments within the gay/lesbian/bisexual community) Kimberly Griffin, "To Have and To Hold: Gay Marriage, The Next Frontier," Windy City Times, June 2, 1994, p.1 (stories of same-sex couples) Beth Harrison, "We're Goin' to the Chapel," The Front Page, November 25, 1994, p.3 (interview with Hawaii plaintiffs) Elaine Herscher, "When Marriage Is a Tough Proposal: Women's Suit at Heart of Debate Over Same-Sex Unions," San Francisco Chronicle, May 15, 1995, Page 1 Kirk Johnson, "Gay Divorce: Few Markers in This Realm," New York Times, Aug. 12, 1994, p.A20, col. 1. Marvin Liebman, "The Issue Is Gay Marriage," The Texas Triangle, January 13, 1995, p.8 Eils Lotozo, "Holy Matrimony!," Philadelphia Weekly, June 21, 1995, Page 30 (cover story on how gay marriage has hit the mainstream) Jonathan Mandell, "Gay Partners Look Forward to Marriage," New York Newsday, June 23, 1995, Page A8, Column 1 (stories of gay couples and how they are affected by the denial of their right to marry) David Mastro, "Gay Marriage: promoting family and values," The Daily Iowan, March 14, 1994 Carol Ness, "Lesbian Couple Leads Fight For Right to Marry," San Francisco Examiner, April 27, 1995, Page A1 (Ninia Baehr and Genora Dancel) Nick Orsborn, "Married - But Not Legal," The Texas Triangle, April 27, 1995, Page 15 (stories of Texas gay couples and how they are affected by the denial of their right to marry) Max Padilla, "Rock the Bells," The Village Voice, January 9, 1996, Page 25 (listing of resources for same-gender union ceremonies in New York) Susan Paynter, "A new fight is on the way over marriage," Seattle Post-Intelligencer, Sept. 13, 1995, p. B1 James Pinkerton, "A Conservative Argument for Gay Marriage," Los Angeles Times, June 30, 1993, p.B7, col.5 Jonathan Rauch, "A Pro-Gay, Pro-Family Policy," The Wall Street Journal, November 29, 1994, p.A22 Ann Rostow, "Why Same Sex Marriage Saves Money," San Francisco Bay Times, March 21, 1996, p.1 Gabriel Rotello, "Confederate Echoes in New Gay Laws," New York Newsday, February 16, 1995, p.A36 (parallels between pre-1967 "same-race restriction" and current "different-sex restriction" on marriage) Michelangelo Signorile, "Wedding Bell Blues," Out Magazine, May 1195, p.26 (account of lesbian daughter of interracial couple and the battles for marriage rights) Lyn Stoeson, "Legal Activist: Gay Marriage is Coming," The Washington Blade, December 9, 1994, p.16 Andrew Sullivan, "Here Comes the Groom," The New Republic, Aug. 28, 1989, p.20 ("conservative" case for equal marriage rights) Anne Underwood and Bruce Shenitz, "Do You, Tom, Take Harry...," Newsweek, December 11, 1995, p. 82 (wide overview of marriage issue; presents both sides of the debate, discusses implications of same-gender couples winning the right to marry, and illustrates problems arising from gay and lesbian couples being denied the benefits of marriage) (3 pages) Carl Weiser, "Legal Gay Marriage on Hawaii's Horizon," USA Today, January 2, 1996, Page 6A (presents several areas of the controversy, ranging from increasing media coverage to arguments about the difference between domestic partnership and legal marriage) Evan Wolfson, "No Time For A Luau," The Advocate, July 26, 1994, p.5 (a "wake-up call" to the community and overview of marriage) Evan Wolfson, "Hawaii Honeymoon," Men's Style, May/June 1995, p.114 (overview of marriage with focus on necessary tasks) Evan Wolfson, "Altared States," 10 Percent, May/June 1995, p.28 (overview with analogy to different-race restriction) III. Gay & Lesbian Intra-Community Debate Harlon L. Dalton, "Reflections on the Lesbian and Gay Marriage Debate," 1 Law & Sexuality 1 (1991) Nitya Duclos, "Some Complicating Thoughts on Same-Sex Marriage," 1 Law & Sexuality 31 (1991) Mary C. Dunlap, "The Lesbian and Gay Marriage Debate: A Microcosm of Our Hopes and Troubles in the Nineties," 1 Law & Sexuality 63 (1991) Steven K. Homer, "Against Marriage," 29 Harv. Civ. Rgts./Civ. Lib. L. Rev. 505 (1994) ***Nan D. Hunter, "Marriage, Law, and Gender: A Feminist Legal Inquiry," 1 Law & Sexuality 9 (1991) Claudia A. Lewis, "From This Day Forward: A Feminine Moral Discourse on Homosexual Marriage," 97 Yale L. J. 1783 (1988) Nancy Polikoff, "We Will Get What We Ask For: Why Legalizing Gay & Lesbian Marriage Will Not 'Dismantle the Legal Structure of Gender in Every Marriage'," 79 Va. L. Rev. 1535 (1993) ***Evan Wolfson, "Crossing The Threshold: Equal Marriage Rights for Lesbians and Gay Men, and the Intra-Community Critique," 21 N.Y.U. Rev. L. & Soc. Change 567 (1994) IV. Nationwide Recognition/Full Faith and Credit Note, "In Sickness and In Health, In Hawaii and Where Else?: Conflict of Laws and Recognition of Same-Sex Marriages," 109 Harv. L. Rev. 2038 (1996) Association of the Bar of the City of New York, "A Recommendation Against the Passing of H.R. 3396; S. 1740: A Bill to Define and Protect the Institution of Marriage," The Record of the Association of the Bar of the City of New York, volume 51, number 6, page 654 (October 1996) Habib Balian, "Til Death Do Us Part: Granting Full Faith and Credit to Marital Status," 68 S. Cal. L. Rev. 363 ***Jennifer Gerarda Brown, "Competitive Federalism and the Legislative Incentives to Recognize Same-Sex Marriage," 68 S. Cal. L. Rev. 745 (1995) Amy R. Brownstein, "Why Same-Sex Spouses Should Be Granted Preferential Immigration Status: Reevaluating Adams v. Howerton," 16 Loy. L.A. Int'l & Comp. L.J. 763 (1994) Robert L. Cordell II, "Same-Sex Marriage: The Fundamental Right of Marriage and an Examination of Conflict of Laws and the Full Faith and Credit Clause," 26 Columb. Human Rts. L. Rev. 247 (1994-95) ***Barbara J. Cox, "Same-Sex Marriage and Choice of Law: If We Marry in Hawaii, Are We Still Married When We Return Home?," 1994 Wisc. L. Rev. 1033 Anthony Dominic D'Amato, "Conflict of Laws Rules and the Interstate Recognition of Same-Sex Marriages," 1995 U. of Ill. L. Rev. 911 Joseph W. Hovermill, "A Conflict of Laws and Morals: The Choice of Law Implications of Hawaii's Recognition of Same-Sex Marriages," 53 Md. L. Rev. 450 (1994) ***Deborah M. Henson, "Will Same-Sex Marriages Be Recognized in Sister States?: Full Faith and Credit and Due Process Limitations on States' Choice of Law Regarding the Status and Incidents of Homosexual Marriages Following Hawaii's Baehr v. Lewin," 32 U. of Louisville J. of Family L. 551 (1994) Thomas M. Keane, "Aloha, Marriage? Constitutional and Choice-of-Law Arguments for Recognition of Same-Sex Marriages," 47 Stanford L. Rev. 499 (1995) Candace Sage, "Sister-State Recognition of Valid Same-Sex Marriages: Baehr v. Lewin - How Will It Play in Peoria?," 28 Ind. L. Rev. 115 (1994) ***Evan Wolfson, "Winning and Keeping Equal Marriage Rights: What Will Follow Victory in Baehr v. Lewin? -- A Summary of Legal Issues," (Lambda publication) (updated March 20, 1996) Evan Wolfson & Gregory v.S. McCurdy, "'Let No One Set Asunder': Full Faith and Credit for the Lawful Civil Marriages of Same-Sex and Different-Sex Couples" (forthcoming) V. Historical ***John Boswell, Same-Sex Unions in Pre-Modern Europe (1994) John D'Emilio & Estelle B. Freedman, Intimate Matters: A History of Sexuality in America (1988) ***William N. Eskridge, Jr., "A History of Same-Sex Marriage," 79 Va. L. Rev. 1419 (1993) VI. "Domestic Partnership"/Other Family Arrangements Sue N. Averill, "Desperately Seeking Status: Same-Sex Couples Battle For Employment-Linked Benefits," 27 Akron L. Rev. 253 (1993) John C. Beattie, "Prohibiting Marital Status Discrimination: A Proposal for the Protection of Unmarried Couples," 42 Hastings L.J. 1415 (1991) ***Craig A. Bowman & Blake M. Cornish, "A More Perfect Union: A Legal and Social Analysis of Domestic Partnership Ordinances," 92 Colum. L. Rev. 1164 (1992) Adam Chase, "Tax Planning for Same-Sex Couples," 72 Denver Univ. L. Rev. 359 (1995) Philip S. Horne, "Challenging Public- and Private-Sector Benefit Schemes Which Discriminate Against Unmarried Opposite-Sex and Same-Sex Partners, 4 J. of L. & Sexuality 35 (1994) David Jefferson, "Gay Employees Win Benefits for Partners at More Corporations," Wall Street Journal, Mar. 18, 1994, p.A1 Lambda LDEF, "Negotiating for Equal Employment Benefits: A Resource Packet" (July 1994) (updated periodically) Brooke Oliver, Contracting for Cohabitation: Adapting the California Statutory Marriage Contract to Life Partnership Agreements Between Lesbian, Gay or Unmarried Heterosexual Couples," 23 Golden Gate U. L Rev. 899 (Summer 1993) Note, "Non-Traditional Family Values: Providing Quasi-Marital Rights to Same-Sex Couples," 13 Boston Coll. Third World L. J. 317 (Summer 1993) VII. International Deborah M. Henson, "A Comparative Analysis of Same-Sex Partnership Protections: Recommendations for American Reform," 7 Int'l. J.L. & the Family 282 (1993) Lawrence Ingrassia, "Danes Don't Debate Same-Sex Marriages, They Celebrate Them," Wall Street Journal, June 8, 1994, p.A1, col.4 Lesbian and Gay Legal Rights Service, "The Bride Wore Pink: Legal Recognition of Our Relationships," 3 Australasian Gay and Lesbian L. J. 67 (Oct. 1993) Robin Mackenzie, "Transsexuals' Legal Sexual Status and Same Sex Marriage in New Zealand," 7 Otago (NZ) L. Rev. 556 (1993) Shaughn Morgan, "Legal Recognition of Gay and Lesbian Relationships," 3 Australasian L. J. 57 (Oct. 1993) Linda Nielsen, "Family Rights and the Registered Partnership in Denmark," 4 Int'l. J.L. & the Family 297 (1990) Pederson, "Denmark: Homosexual Marriages and New Rules Regarding Separation and Divorce," 30 J.Fam.L. 289 (1991-92) Wintemute, Robert, SEXUAL ORIENTATON AND HUMAN RIGHTS: The United States Constitution, the European Convention and the Canadian Charter (1995) VIII. General Background Betty Berzon, Setting Them Straight: You Can Do Something About Bigotry and Homophobia in Your Life, Plume (1996), pages 215-222. John Boswell, "Jews, Bicycle Riders, and Gay People: The Determination of Social Consensus and Its Impact on Minorities," 1 Yale J. of L. & Humanities 205 (1989) Mary Ann Case, "Couples and Coupling in the Public Sphere: A Comment on the Legal History of the Litigating for Lesbian and Gay Rights," 79 Va. L. Rev. 1643 (1993) ***Andrew Koppelman, "Why Discrimination Against Lesbians and Gay Men Is Sex Discrimination," 69 N.Y.U. L. Rev. 197 (1994) Sylvia Law, "Homosexuality and the Social Meaning of Gender," 1988 Wis. L. Rev. 187 Samuel A. Marcosson, "The 'Special Rights' Canard in the Debate Over Lesbian and Gay Rights," 9 Notre Dame. J. of L., Ethics & PAndrew Koppelman, "The Miscegenation Analogy: Sodomy Law as Sex Discrimination," 98 Yale L. J. 145 (1988) ub. Pol. 137 (1995) Mark Strasser, "Family, Definitions, and the Constitution: On the Anti-Misecegenation Analogy," 25 Suffolk L. Rev. 981 (1991) ***Evan Wolfson, "Civil Rights, Human Rights, Gay Rights: Minorities and the Humanity of the Different," 14 Harv. J. of L. & Pub. Pol. 21 (1991) The Association of the Bar of the City of New York offers another bibliography of equal marriage rights for lesbians and gay men entitled, "The Library: Same Sex Marriages: A Selective Bibliography of Legal and Social Aspects," The Record of the Association of the Bar of the City of New York, volume 51, number 6, page 687 (October 1996). For a copy of their publication, please contact them at The Record of the Association of the Bar of the City of New York, 42 West 44th Street, New York, NY 10036-6690.