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Lawfully Wedded: An Analysis of the Right to Marry in the United States and Canada |
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Abstract:
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Neighboring states with high levels of interaction but disparate public policies encounter new challenges with regard to marriage recognition, provision of spousal benefits and proper resolution of child custody and intimate partner abuse issues. Canadian progress toward legalizing same-sex marriage begs the question of whether the U.S. government will stand against same-sex marriage when its nearest neighbor appears close to declaring it an important means of eliminating institutionalized inequality and systemic shortfalls confronting lesbian, bisexual, gay and transgender (LBGT) families. The U.S. Congress passed the Defense of Marriage Act in 1996, allowing states to refuse to recognize same-sex marriages performed outside of their jurisdiction. Some see this as a move to ban same-sex marriage as well as a disregard of the equal rights afforded all U.S. citizens by the U.S. Constitution. Their opponents support the law as a marriage preservation effort, protecting a time-honored social institution and so-called traditional American family structure. International media fanfare and public protests have since elevated the issue, and a smattering of U.S. state courts have been called to rule on the validity of same-sex marriages taking place within their territory.
In June 2003, Ontario, Canada became the first North American jurisdiction to fully legalize same-sex marriage. One month later, Canadian Parliament considered legislation to legalize same-sex marriage federally. The proposed law extends marriage rights and subsequent spousal benefits to same-sex couples. The law’s proponents argue that such recognition is in accordance with the rights and protections mandated within the Canadian Charter of Rights which must be allotted every Canadian citizen. The bill was referred to the Canadian Supreme Court for opinion where it has been deliberated for nearly a year. A final decision is expected in fall 2004.
This paper highlights Canada’s progress toward legalizing same-sex marriage and implementing anti-discrimination laws that protect LBGT individuals and their families. I summarize relevant Canadian legislation and systematically examine the characteristics of the Canadian Parliament members that voted on identical same-sex marriage legislation in 1999 and 2003. I analyze their general demographic characteristics and those of their constituencies to determine if same-sex marriage support and opposition can be linked to individual factors other than political party allegiance in different time periods. The long-term goal of this research is to determine if the political will to legalize same-sex marriage can be predicted by factors other than one’s declared political party. |
Most Common Document Word Stems:
marriag (93), vote (66), sex (62), canadian (49), member (46), polit (34), percent (32), issu (30), parliament (29), legal (29), hous (29), gay (26), common (24), lesbian (23), canada (23), motion (20), public (19), parti (19), studi (18), polici (17), right (17), |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Hanlin, Amanda. "Lawfully Wedded: An Analysis of the Right to Marry in the United States and Canada" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p58931_index.html> |
APA Citation:
| Hanlin, A. , 2004-09-02 "Lawfully Wedded: An Analysis of the Right to Marry in the United States and Canada" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p58931_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: Neighboring states with high levels of interaction but disparate public policies encounter new challenges with regard to marriage recognition, provision of spousal benefits and proper resolution of child custody and intimate partner abuse issues. Canadian progress toward legalizing same-sex marriage begs the question of whether the U.S. government will stand against same-sex marriage when its nearest neighbor appears close to declaring it an important means of eliminating institutionalized inequality and systemic shortfalls confronting lesbian, bisexual, gay and transgender (LBGT) families. The U.S. Congress passed the Defense of Marriage Act in 1996, allowing states to refuse to recognize same-sex marriages performed outside of their jurisdiction. Some see this as a move to ban same-sex marriage as well as a disregard of the equal rights afforded all U.S. citizens by the U.S. Constitution. Their opponents support the law as a marriage preservation effort, protecting a time-honored social institution and so-called traditional American family structure. International media fanfare and public protests have since elevated the issue, and a smattering of U.S. state courts have been called to rule on the validity of same-sex marriages taking place within their territory.
In June 2003, Ontario, Canada became the first North American jurisdiction to fully legalize same-sex marriage. One month later, Canadian Parliament considered legislation to legalize same-sex marriage federally. The proposed law extends marriage rights and subsequent spousal benefits to same-sex couples. The law’s proponents argue that such recognition is in accordance with the rights and protections mandated within the Canadian Charter of Rights which must be allotted every Canadian citizen. The bill was referred to the Canadian Supreme Court for opinion where it has been deliberated for nearly a year. A final decision is expected in fall 2004.
This paper highlights Canada’s progress toward legalizing same-sex marriage and implementing anti-discrimination laws that protect LBGT individuals and their families. I summarize relevant Canadian legislation and systematically examine the characteristics of the Canadian Parliament members that voted on identical same-sex marriage legislation in 1999 and 2003. I analyze their general demographic characteristics and those of their constituencies to determine if same-sex marriage support and opposition can be linked to individual factors other than political party allegiance in different time periods. The long-term goal of this research is to determine if the political will to legalize same-sex marriage can be predicted by factors other than one’s declared political party. |
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| Document Type: |
.PDF |
| Page count: |
12 |
| Word count: |
4969 |
| Text sample: |
| Will you Marry Me An Analysis of Same Sex Marriage Policy in Canada By Amanda Hanlin Wayne State University Prepared for delivery at the Annual Meeting of the American Political Science Association September September Copyright by the American Political Science Association ABSTRACT Neighboring states with high levels of interaction but disparate public policies encounter new challenges with regard to marriage recognition provision of spousal benefits and proper resolution of child custody and intimate partner abuse issues Canadian progress toward |
| Global perspectives on social issues: Marriage and divorce. Lanham MD: Lexington Books. Tibbetts Janice (2003). Chrétien warns liberals: Don't break ranks. Printed by CanWest news service on September 16 2003. Weston Kath (1998) Long slow burn: Sexuality and social science. New York: Routledge Publishing. All biographical data for individual Members of Parliament was taken from http://www.parl.gc.ca/information/about/people/house/mpscurage.asp?lang =E &S ort =A Viewed from November 3 2003 to December 9 2003. All Federal Electoral District Data was taken from the 2001 |
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Feedback Loops and Group Politics in Historical Institutionalist Analysis: Courts, Public Policy and Lesbian and Gay Organizing in Canada
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