Legally Married: Love and Law in the UK and the US, Scot Peterson, Iain McLean

What marriage is is not easy question to answer, considering the variety of cultures, religions and laws of different countries. From English teenagers eloping to Gretna Green to tie the knot without their parents permission, to whether a wife can own property, its clear that marriage law is different depending on where you live and when. 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, and still others disagree with the institution 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. Scot Peterson and Iain McLean show how many assumptions about marriage are contestable on a number of grounds, separate fact from fiction and explain the claims made on both sides of the argument over same-sex marriage in terms of their historical context.

• Discusses the current debates about same-sex marriage in the UK Parliament and the US Supreme Court
• Traces the development of marriage law in the UK, looking at the differences between Scotland and the rest of the UK
• Compares UK marriage law to other countries, including the US, Ireland, South Africa and Canada
• Explains the different theories of marriage that lead to conflicting views of what marriage law should be
• Looks at the policy considerations critical to same-sex marriage, including religious freedom and travel between nations

Read the preface and introduction to Legally Married free online now (pdf)