Critical analysis onsame sex marriages
By Nicola Barker. Basingstoke, UK: Palgrave Macmillan, ; pp. Although Barker is a legal scholar and her book is largely concerned with family law and related cross-jurisdictional comparisons, she concurrently asks questions regarding domestic and affective labor, symbolic recognition, neoliberal governance, and economic redistribution. This book provides a much-needed injection of historically relevant feminist, queer, and class critique into the dismal and often revisionist narratives told by mainstream gay and lesbian organizations campaigning for same-sex marriage the world over. Indeed, the disparity between legal equality and the distribution of life chances amongst minority peoples who have already [End Page ] gained formal equality under the law in the United States reiterates such a crucial concern. The first three chapters of the book look at the myriad legal provisions for relationship recognition, same-sex and otherwise, throughout the West and what potential benefits and responsibilities these different legal forms of relationship recognition might have.
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Not The Marrying Kind
Reading: Theoretical Perspectives on Sex | Sociology
Not the Marrying Kind is a new and comprehensive exploration of the contemporary same-sex marriage debates in several jurisdictions including Australia, Canada, South Africa, the United Kingdom and the United States. It departs from much of the existing scholarship on same-sex marriage, which argues either for or against marriage for same-sex couples. Instead, this book begins from a critical analysis of the institution of marriage itself as well as separate forms of relationship recognition, such as civil partnership, PaCS, domestic partnership and asks whether and how feminist critiques of marriage might be applied specifically to same-sex marriage. In doing this, the author combines the theories of second wave feminism with insights from contemporary queer theory. Barker's book is the best of the lot and essential reading for anyone seriously engaged in thinking about same-sex marriage.
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Critical Analysis of Schulman's Article 'Gay Marriage and Marriage'
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The creation of the civil partnership was a clear compromise between the need to recognise a formalised relationship between same-sex couples while still acknowledging the protests of those against the creation of gay marriage. Many were thrilled with the symbolic step taken by Parliament, whereas others were appalled at the creation of a new institution rather than simply permitting same-sex couples access into the institution of marriage. This was the subject of the challenge to the High Court in the case of Wilkinson v Kitzinger  1 FLR , where it was argued that the creation of a similar but different institution for same-sex couples was discriminatory and conflicted with the European Convention on Human Rights. This article criticises the decision of Sir Mark Potter, who ruled that though it can be seen as discriminatory, such discrimination is justified on the legitimate ground of the protection of family life.
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