Annotated Bibliography- Same-Sex Marriage in Indiana

AnnotatedBibliography- Same-Sex Marriage in Indiana

Annotatedbibliography- Same-sex marriage in Indiana

IndianaLaw RFRA

ReinheimerJ. (2013). Same-Sex Marriage through the Equal Protection Clause: AGender-Conscious Analysis. Berkeley Journal of Gender, Law &ampJustice, 21: 1(9) 213-240.

Justas its title reads, this article provides an analysis of the issue ofsame-sex marriage that is highly gender conscious. The article has indepth analyzed how the Court has been treating the litigation of samesex marriage in comparison with how it has been handling the issue ofsex equality. According to the author, the fourteenth amendment tothe Equal Protection Clause upholds marriage between same sexes inthe same way it promotes gender equality and hence it is veryunethical for the Court to separate the two issues since they allfall under the clause of Equal Protection. The paper has discussed indetail the current legal background around the issue of same sexmarriage. The author has discussed the legal strategies, which havebeen implemented to solve this issue, and given the reasons behindtheir successes and failures. The current study will mainly build onthese discussions to come up with comprehensive arguments on theissue of same-sex marriage in Indiana. Therefore, the article is ofgreat importance to the current study since it offers critical legalbackground information.

Ofmore importance to the current study is the fact that the article hasprovided a detailed theoretical background on issues pertaining togender, sex and sexuality. The article has discussed some of thesame-sex marriage cases presented in Court and how the EqualProtection Clause has been applied to solve these cases. Thisinformation is critical to the current study since it provides atheoretical legal framework that will assist in developing a validlegal argument on the social problems emanating from same-sexmarriage in Indiana. The article argues prohibitions to same-sexmarriages on bases of sex are subject to scrutiny under the doctrineof Equal Protection since all people should be protected despitetheir sexual inclinations. Additionally, the article provides a deepunderstanding of same-sex sexuality as gender oddness and howprohibitions to marriage between similar sexes act like a tool of sexinequality. This information is critical to the current researchsince it will help building a counter argument to the argument thatsame-sex marriage distorts religious and cultural beliefs on marriageas an institution. The article has offered a comprehensive conclusionon the issue of same-sex marriage and sex equality. The author arguesthat the Court has been avoiding the issues underneath same-sexmarriage since they are interwoven with political issues. The authorconcludes by recommending the Court and the government to seek aclear understanding of the same-sex marriage issue and its relationto sex equality in order to implement effective strategies, whichwill enhance gender equality.

Thisarticle will be of great importance to the current study since itwill form the basis for all the counterarguments. The legalexplanations on the same-sex issue offered by this article forms anin-depth legal background of the research under study. The articlewill also be a point of reference especially in explaining therelationship between same-sex marriage and gender equality. The legalframework used by the article will also be used to build a validargument on how same-sex marriage creates various social andreligious problems in Indiana. The current study will also utilizethis article’s recommendations to build on its own recommendationson how the various social problems resulting from same-sex marriagecan be solved effectively.

HowRFRA affects same-sex marriage

DinnoA &amp Whitney C (2013) Same Sex Marriage and the Perceived Assaulton Opposite Sex Marriage. PLoS ONE 8(6): e65730.doi:10.1371/journal.pone.0065730

Thearticle discusses the current debate surrounding the legalization ofsame-sex marriages in various American States. The authors argue thatanti-same sex marriage campaigners and policy makers have formedvarious biased arguments on the negative impacts of this type ofmarriage on the society. The authors point out that the fact thatmarriage is part of the U.S. Federal law provides several conditionsin which married couples are treated differently from couples who arenot married. There has been an argument that by legalization same-sexmarriage, there will be a decrease in opposite sex marriages. Thisis an argument that led the two researchers in carrying out thisstudy to either authenticate or make this argument valid.

Thetwo researchers collected data from the District of Columbia from theyear 1989 to 2009. The researchers used a generalized errorcorrection model to determine the impacts of same-sex marriages onopposite sex marriages. The results indicated that legalization ofsame-sex marriages had no impacts of opposite sex marriages. Thisstudy will be of great use in providing quality literature review formy current research. The arguments are valid since they are supportedby primary data collected through practical research. The articleoffers an in-depth historical analysis of same-sex marriagelegalization in the United States. The article highlights thatMassachusetts became the first state to legalize same-sex marriage on17thMay 2004 after the ruling of the Goodridge vs. Department of PublicHealth in Supreme Judicial Court in the year 2003. This informationwill assist in building a historical analysis on legalization ofsame-sex marriage for the current research.

Thepaper offers detailed information on the impacts of illegalization ofsame-sex marriage on opposite sex marriages. The authors point thatthere are evidence-based arguments, which depict that, someheterosexual, bisexual and opposite sex couples are refusing to getmarried until same-sex marriages are legalized. This movement hasbeen supported by some churches, which have stopped signing oppositesex marriage certificates until same-sex marriages are made legal.According to the article, such arguments suggests that contrary toclaims that legalization of same-sex marriage will lead to a decreasein opposite sex marriages, there will be an increase in opposite sexmarriages with the legalization of marriage between same sex. Thearticle additionally offers detailed information and arguments on howlegalization and same-sex marriage policies could reduce the stigmaassociated with this kind of marriage. The article offers validarguments supporting legalization of same-sex marriages in order tobring up healthier married couples.

Thearticle is of great importance to the current study since it offersevidence-based arguments on why same-sex marriages should be madelegal. The arguments will be used to support the current paper’sargument on the positive socio-cultural impacts of same-sex marriageson the society. The research results obtained by the two researcherswill be offer evidence to support the claims that same-sex marriagesdo not bring about social problems but in fact can be a tool to solvesocial problems related with opposite sex marriages. The article’sin-depth discussion and conclusion will be used in drawing theconclusion to my current study and formulating necessaryrecommendations.

References

ReinheimerJ. (2013). Same-Sex Marriage through the Equal Protection Clause: AGender-Conscious Analysis. Berkeley Journal of Gender, Law &ampJustice, 21: 1(9) 213-240.

DinnoA &amp Whitney C (2013) Same Sex Marriage and the Perceived Assaulton Opposite Sex Marriage. PLoS ONE 8(6): e65730.doi:10.1371/journal.pone.0065730