Equality Practice: Civil Unions and the Future of Gay Rights [Paperback]

William N. Eskridge Jr. (Author)

Book Description

Publication Date: September 1, 2001

William Eskridge, a Yale law professor chronicles the Vermont law which legalised civil unions - distinct from marriage - for same sex couples.

Editorial Reviews

From Publishers Weekly

While more gay couples are saying, "I do," federal and state governments are still resolutely saying, "You can't." This judicious and discerning analysis of the legal, social and ethical debate over same-sex marriage comes down squarely on the side of recognition of gay and lesbian relationships, but argues that the model of civil unions enacted by Vermont in 2000 (giving gay couples the legal rights of marriage without the name) is a more winnable fight. Eskridge, a professor of jurisprudence at Yale (and an openly gay man), carefully explicates Baehr v. Lewin (the Hawaiian case that nearly allowed same-sex marriage), the domestic partnership movement, same-sex marriage fights in other countries and the passing of the Defense of Marriage Act in Congress, which prohibits the federal government from acknowledging state-recognized gay marriage. Distinct from radicalism (forcing gay marriage through the law) or traditionalism (refusing to accept any change in established marriage), Eskridge argues for what he calls "equality practice," which "does not entail immediate equality," but is a "process by which gay people are working for their inclusion in state-recognized institutions of all sorts." Presenting and challenging a wide variety of views from right-wing ideologue Lynn Wardle to radical lesbian legal theorist Paula Ettelbrick, and relying on political and social theorists such as Michel Foucault and John Rawls, Eskridge opts for a middle road of slow progress to allow for mutual understanding. (Feb.)Forecast: This book is largely a refinement of the ideas found in Eskridge's 1996 The Case for Same-Sex Marriage. It lacks most of the conservative opinions that peppered that earlier book, but its moderate position is sure to annoy progressive gay activists and conservatives alike. The lucid but dense argumentation should restrict it to those actively hashing out the issues and to larger university collections.

Copyright 2001 Cahners Business Information, Inc.

Review

Equality Practice has the potnetial to move the discussion of same-sex marriage rights where it needs to go...when it does, Eskridge will have earned a place in the history of the greatest civil rights victory since 1964. Eskridge's book...has much to teach us about both the principles and the logistics of civil rights in the 21st century.
The Gay & Lesbian Review July/August 2002.
Eskridge's Equality Practice is a truly excellent book--informative, well written, and broad in scope and inquiry while maintaining a clear argument. It nicely integrates global, historical, and contemporary legal and political perspectives. It is hard to imagine the person who would not learn anything from reading it.
The Law and Politics Book Review/July 2002.
The most compelling and original analysis to date of the social meaning and politics of gay marriage. This book is, quite simply, the place to begin and return to as many of us try to understand and formulate a response to debates about gay marriage. A tour de force of scholarship and political reasonableness on a subject that divides virtually all Americans.
--Steven Seidman, Professor of Sociology, SUNY Albany.
This lucid, literate and absorbing book guides readers through the conflict of communitarian and liberal ideals as they clash over the issues raised by same-sex unions, marriage and domestic life. Eskridge does a remarkable job presenting dense legal, ethical, political and religious arguments in a lively and thoroughly engaging manner. Equality Practice is an essential book, immensely relevant and thought provoking.
--Urvashi Vaid, author of Virtual Equality: The Mainstreaming of Gay and Lesbian Liberation..
A rigorous, spirited, and ingenious defense of Vermont's novel civil union law.
-Robin West, Professor of Law, Georgetown University.
A wonderful combination of social history, acute legal analysis, and powerful normative argument. His explanatory account-showing how liberal rights claims are and should be reconciled with communitarian values-is refreshingly original. He shows in the best way one can-by presenting a richly textured interpretive history-how these deep seated strands of our liberal democratic live are harmonized.
--John Ferejohn, Carolyn S.G. Munro Professor of Political Science, Stanford University.
A rigorous, spirited, and ingenious defense of Vermont's novel civil union law.
-Robin West, Professor of Law, Georgetown University.
Eskridge's communitarian approach is the only one I know that's capable of overcoming the objection that same-sex marriage would open the floodgates to relationships involving polygamy, incest, animals, and so on. -- The Gay and Lesbian Review.
...Eskridge's Equality Practice is a truly excellent book-informative, well written, and broad in scope and inquiry while maintaining a clear argument. It nicely integrates global,historical and contemporary legal and political perspectives. It is hard to imagine the person who would not learn from reading it. -- The Law and Politics Book Review June 2002.
Eskridge provides a thoroughly detailed history of same-sex marriages and civil unions in the US...does a phenomenal job of reiterating central themes throughout the book...All academic collections. -- K.M. Jamieson, Ashland University, for CHOICE

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Product Details

• Paperback: 240 pages
• Publisher: Routledge; 1 edition (September 1, 2001)
• Language: English
• ISBN-10: 0415930731
• ISBN-13: 978-0415930734
• Product Dimensions: 8.7 x 6.5 x 0.9 inches
• Shipping Weight: 10.4 ounces (View shipping rates and policies)
• Amazon Best Sellers Rank: #2,136,841 in Books (See Top 100 in Books)

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