81 Jessica Bennett, Only You. And You. And You: Polyamory - relationships with multiple, mutually consenting partners - has a coming-out party, NEWSWEEK (July 29, 2009), http://www.newsweek.com/2009/07/28/only-you-and-you-and-you.html. [Back]
83 Brake, supra note 36, at 303. [Back]
84 See, e.g., Eskridge, supra note 5, at 1421-22 ("A social constructivist history emphasizes the ways in which marriage is 'constructed' over time, the institution being viewed as reflecting larger social power relations."). [Back]
85 See id. at 1434 ("[M]arriage is not a naturally generated institution with certain essential elements. Instead it is a construction that is linked with other cultural and social institutions, so that the old-fashioned boundaries between the public and private life melt away."). [Back]
86 See Hernandez v. Robles, 805 N.Y.S.2d 354, 377 (N.Y. App. Div. 2005) (Saxe, J., dissenting) ("Civil marriage is an institution created by the state . . . ."); Andersen v. King Cnty., 138 P.3d 963, 1018 (Wash. 2006) (Fairhurst, J., dissenting) ("[M]arriage draws its strength from the nature of the civil marriage contract itself and the recognition of that contract by the State."). [Back]
87 See supra Part I.B.2. [Back]
88 See supra Parts I.C, I.D.2. [Back]
89 See supra Part II.B. [Back]
90 See Gallagher, supra note 68, at 62. [Back]
91 Beyond Same-Sex Marriage, supra note 80. [Back]
92 Brake, supra note 36, at 336, 323. [Back]
93 Andrew Sullivan, Introduction, in SAME-SEX MARRIAGE: PRO AND CON: A READER, at xvii, xix (Andrew Sullivan ed., 1st ed. 1997). [Back]
94 E.J. GRAFF, Retying the Knot, in SAME-SEX MARRIAGE: PRO AND CON, supra note 93, at 134, 136. [Back]
95 ANDREW SULLIVAN, VIRTUALLY NORMAL: AN ARGUMENT ABOUT HOMOSEXUALITY 202-03 (1996). [Back]
96 Victoria A. Brownworth, Something Borrowed, Something Blue: Is Marriage Right for Queers?, in I DO/I DON'T: QUEERS ON MARRIAGE 53, 58-59 (Greg Wharton & Ian Philips eds., 2004). [Back]
98 Ellen Willis, Can Marriage Be Saved? A Forum, TN, July 5, 2004, at 16, 16. [Back]
99 Michelangelo Signorile, Bridal Wave, OUT, Dec.-Jan. 1994, at 68, 161. [Back]
101 See generally JONATHAN RAUCH, GAY MARRIAGE: WHY IT IS GOOD FOR GAYS, GOOD FOR STRAIGHTS, AND GOOD FOR AMERICA (2005). [Back]
102 DAVID P. MCWHIRTER & ANDREW M. MATTISON, THE MALE COUPLE: HOW RELATIONSHIPS DEVELOP 252-53 (1984). [Back]
104 C.H. Mercer et al., Behaviourally bisexual men as a bridge population for HIV and sexually transmitted infections? Evidence from a national probability survey, 20 INT'L J. STD & AIDS 87, 88 (2009). [Back]
105 EDWARD O. LAUMANN ET AL., THE SOCIAL ORGANIZATION OF SEXUALITY: SEXUAL PRACTICES IN THE UNITED STATES 314-16 (1994). [Back]
106 See supra Part I.B.3. [Back]
107 Scott James, Many Successful Gay Marriages Share an Open Secret, N.Y. TIMES, Jan. 29, 2010, at A17, available at http://www.nytimes.com/2010/01/29/us/29sfmetro.html?ref=us. [Back]
108 Andrew Sullivan, Only the Right Kind of Symbolic Sex, THE DAILY DISH (Aug. 4, 2009, 11:11 AM), http://andrewsullivan.theatlantic.com/the_daily_dish/2009/08/only-the-right-kind-of-symbolic-sex.html. [Back]
109 See supra Part I.E.1. [Back]
110 See supra Part I.B.1. [Back]
111 Again, we do not think all acts of coitus even within marriages are marital. Unloving coitus between spouses, especially where it is based on coercion or manipulation, is not truly marital - it fails to embody and express true (comprehensive) spousal communion. [Back]
112 See supra Part II.B. [Back]
113 See supra Parts I.B.1-3. [Back]
114 Many same-sex attracted people who do not support legally recognizing same-sex unions have explored the special value for themselves of deep friendships. See, e.g., John Heard, Dreadtalk: 'Holy Sex & Christian Friendship' John Heard Life Week 2009 At The University of Sydney-Remarks, DREADNOUGHTS (May 4, 2009, 3:33 PM), http://johnheard.blogspot.com/2009/02/dreadtalk-holy-sex-christian-friendship.html. [Back]
115 For more on the effects of a sexualized culture on friendship, see Anthony Esolen, A Requiem for Friendship: Why Boys Will Not Be Boys & Other Consequences of the Sexual Revolution, 18 TOUCHSTONE MAGAZINE, Sept. 2005, at 21, available at http://www.touchstonemag.com/archives/article.php?id=18-07-021-f. [Back]
116 See ARISTOTLE, NICOMACHEAN ETHICS 260 (Terrence Irwin trans., Hackett Pub. Co. 1985). [Back]
117 Phyllis Zagano, Nature vs. Nurture, NATIONAL CATHOLIC REPORTER (Sept. 30, 2010), http://ncronline.org/blogs/just-catholic/nature-vs-nurture. [Back]
118 John Corvino, Nature? Nurture? It Doesn't Matter, INDEPENDENT GAY FORUM (Aug. 12, 2004), http://igfculturewatch.com/2004/08/12/nature-nurture-it-doesnt-matter/. Professor Corvino's piece deals specifically with the morality of same-sex relations, which is not our topic here. But the same points apply. [Back]
119 See supra Part I.D.2. [Back]
120 See supra Parts I.B.2, I.E.2. [Back]
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