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Added by: Clotilde Torregrossa, Contributed by: Carla Rodriguez
Abstract: This essay argues that current advocacy of lesbian and gay rights to legal marriage and parenthood insufficiently criticizes both marriage and motherhood as they are currently practiced and structured by Northern legal institutions. Instead we would do better not to let the State define our intimate unions and parenting would be improved if the power presently concentrated in the hands of one or two guardians were diluted and distributed through an appropriately concerned community.Callahan, Joan. Same-Sex Marriage: Why It Matters – At Least for Now2009, Hypatia 21 (1): 70-80.-
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Added by: Rochelle DuFord
Abstract: This paper addresses the progressive, feminist critique of same-sex marriage as articulated by Claudia Card. Although agreeing with Card that the institution of marriageas we know it is profoundly morally flawed in its origins and effects, Callahan disagrees with Card's suggestion that queer activists in the United States should not be working for the inclusion of same-sex couples in the institution.Comment: This article is an excellent rejoinder to Card's "Gay Divorce: Thoughts on the Legal Regulation of Marriage." (She directly addresses the Card text, so it should not be read without first reading the Card.) It would be a good addition to a course that covers same-sex marriage, social justice, or contemporary ethical problems.
Card, Claudia. Gay Divorce: Thoughts on the Legal Regulation of Marriage2007, Hypatia, 22 (1): 24-38.-
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Added by: Rochelle DuFord
Abstract: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.Comment: This text is very accessible and poses a unique problem for the legal regulation of romantic relationships. This text would fit well in a class that discusses sexual relations, violence, marriage, love, or justice (as Card directly discusses Rawls' Theory of Justice). Further, it would make a nice addition to a course that discusses justice for LGBT persons, as Card argues that there are more pressing legal and political issues that LGBT communities ought to agitate in favor of.
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Card, Claudia. Against Marriage and Motherhood
1996, Hypatia 11 (3):1 - 23.
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