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What does it mean to be legally married today? From English
teenagers eloping to Gretna Green to tie the knot without their
parent's permission, to whether a wife can own property, it's clear
that marriage law is different depending on where and when you're
living. Now, the main debate centres on whether the law should be
changed so that same-sex couples can marry. The Scottish and UK
governments, plus a number of US states, are to legislate to allow
same-sex marriage, prompting both celebration and outrage. Some
argue against it on religious or cultural grounds; others support
it on grounds of equality and human rights; still others disagree
with the institute of marriage altogether. But amongst all the
assumptions, there are few facts, and the debates about same-sex
marriage in the UK and the US are taking place in an informational
vacuum filled with emotion and rhetoric. Legally Married combines
insights from history and law from the UK and Scotland with
international examples of how marriage law has developed. Peterson
and McLean show how many assumptions about marriage are contestable
on a number of grounds, separate fact from fiction and explain the
claims in terms of their historical context. It discusses the
current debates about same-sex marriage in the UK Parliament and
the US Supreme Court. It traces the development of marriage law in
the UK, looking at the differences between Scotland and the rest of
the UK. It compares UK marriage law to other countries, including
the US, Ireland, South Africa and Canada. It explains the different
theories of marriage that lead to conflicting views of what
marriage law should be. It looks at the policy considerations
critical to same-sex marriage, including religious freedom and
travel between nations.
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