An academic colleague suggested the other day that it would be good to post some recommendations for academic commentary on the same-sex marriage issues, for those who are interested in reading that goes a bit more in-depth than a standard blog post or opinion piece.
I thought this was a great idea. I have compiled the following list of reading from recommendations of legal colleagues who, like me, have serious concerns about the proposal to introduce same-sex marriage. In that sense it is not a ‘balanced’ list. Those who want to find enthusiastic academic support for introducing the reform will not find it hard to do so elsewhere. But some of these pieces may not be so widely read, and deserve to be better known. Some are quite recent.
Of course (pardon me for saying so) you will find other material on some of these issues here on this blog, and elsewhere. But these pieces are worth the extra time it will take to read them. (Unfortunately some are not freely available on the internet, but those who have access to University library accounts will probably be able to get hold of them.)
Should I come across other helpful readings in the same vein, I will update this list accordingly; so after your first visit here you might find it useful to occasionally check back to see if other things have been added!
List of recommended longer readings on same sex marriage issues
- Ahdar, R ‘Solemnisation of Same-Sex Marriage and Religious Freedom’ (2014) 16/3 Ecclesiastical Law Journal 283-305
- Benson, Iain T. ‘Law Deans, Legal Coercion and the Freedoms of Religion and Association in Canada’ (2013) 71(5) The Advocate at 671-75 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2328945
- Bussey, Barry W., ‘Rights Inflation: Attempts to Redefine Marriage and the Freedom of Religion: The Case of Trinity Western University School of Law’ (May 17, 2017). Regent University Law Review, Vol. 29, No. 197, 2017. Available at SSRN: https://ssrn.com/abstract=2969788.
- Deagon, Alex ‘Defining the interface of freedom and discrimination: Exercising religion, democracy and same-sex marriage’ (2017) 20 International Trade and Business Law Review 239-286 <https://eprints.qut.edu.au/104239/>
- Farrow, Douglas ‘Same-Sex Marriage and the Sublation of Civil Society’, in Desiring a Better Country: Forays in Political Theology (McGill-Queen’s University Press, 2015)
- Girgis, Sherif and George, Robert and Anderson, Ryan T., ‘What is Marriage?’ Harvard Journal of Law and Public Policy, Vol. 34, No. 1, pp. 245-287, Winter 2010. Available at SSRN: https://ssrn.com/abstract=1722155
- Miller, Bradley ‘Same-Sex Marriage Ten Years On: Lessons from Canada’, (November 5, 2012) http://www.thepublicdiscourse.com/2012/11/6758/
- Miller, Bradley ‘The New Article of Faith for Canadian Law Schools: Same-Sex Marriage’ (August 6, 2013) http://www.thepublicdiscourse.com/2013/08/10197/
- Quinlan, Michael ‘Marriage, Tradition, Multiculturalism and the Accommodation of Difference in Australia,’ (2017) The University of Notre Dame Australia Law Review: Vol. 18 , Article 3:http://researchonline.nd.edu.au/undalr/vol18/iss1/3
- Reid, Jr., Charles J. ‘Marriage in Its Procreative Dimension: The Meaning of the Institution of Marriage Throughout the Ages,’ 6 St. Thomas L.J.454 (2009). http://ir.stthomas.edu/cgi/viewcontent.cgi?article=1198&context=ustlj
- Rochow, Neville ‘Speak Now or Forever Hold Your Peace – The Influence of Constitutional Argument on Same-Sex Marriage Legislation Debates in Australia’, 2013 BYU L Rev. 521 <http://digitalcommons.law.byu.edu/lawreview/vol2013/iss3/6/>
- Rochow, Neville ‘An Incurable Malaise: Commonwealth v. Australian Capital Territory and Baskin v. Bogan as Symptoms of Early-Onset Dystopia’ http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2983&context=lawreview
- Smith, Steven Douglas, ‘The Jurisprudence of Denigration’ (March 10, 2014). UC Davis Law Review; San Diego Legal Studies Paper No. 14-143. Available at SSRN: https://ssrn.com/abstract=2407244
- Walsh, Greg ‘Same-Sex Marriage and Religious Liberty’ (2017) 35(2) University of Tasmania Law Review106
Supplement Part 1 (including some short pieces)
These supplementary readings were added on 20 September 2017.
- Ahdar, Rex ‘Finding true essence of marriage’ (April 7, 2013) http://www.stuff.co.nz/dominion-post/comment/8521106/Finding-true-essence-of-marriage
- Alvare, Helen Symposium: As a matter of marriage law, wedding cake is expressive conduct, SCOTUSblog (Sep. 13, 2017), http://www.scotusblog.com/2017/09/symposium-matter-marriage-law-wedding-cake-expressive-conduct/
- Thomas Berg, ‘What Same-Sex Marriage Claims and Religious Liberty Claims Have in Common’ (2010) 5(2) Northwestern Journal of Law and Social Policy 206
- Institute for Civil Society, “The Same Sex Marriage Survey: Legal Issues and the Need for Broad Based Freedoms Protections” (Sept 2017) http://www.i4cs.com.au/same-sex-marriage-survey-legal-issues/
- Roger Severino, ‘Or for Poorer: How Same-Sex Marriage Threatens Religious Liberty’ (2006) 30Harvard Journal of Law and Public Policy 939
- Wright, N T ‘What Is Marriage For?’ (2014) (a Christian perspective from a theologian) https://www.plough.com/en/topics/life/marriage/what-is-marriage-for
- Zimmermann, A ‘Gay Marriage: After the Honeymoon’, Quadrant Magazine, September 12th, 2017, at https://quadrant.org.au/opinion/qed/2017/09/augusto-zimmermann/
- Zimmermann, A ‘The Classical Liberal Case Against Same-Sex Marriage’, The Spectator Australia, 14 September 2017, at https://www.spectator.com.au/2017/09/the-classical-liberal-case-against-same-sex-marriage/
- Zimmermann, A ‘Children’s Welfare in Same-Sex Families’, Quadrant Magazine, August 18th, 2017 at http://quadrant.org.au/opinion/opinion-post/childrens-welfare-sex-families/
In accordance with s 6(5) of the Marriage Law Survey (Additional Safeguards) Act 2017, this communication was authorised by Neil Foster, of Newcastle, NSW.