November 1: History and the Gay Marriage Debate

This week's assignment asks you to reflect upon how history can - and cannot - help us understand the contemporary controversy over gay marriage. The core readings this week are documents from Goodridge v. Department of Public Health, the court case that led to the legalization of gay marriage in Massachusetts. Whether you are writing this week, or simply reading, please use this as an opportunity to reflect back on material from across the course.

Readings:

The relevant documents for this case are located on the GLAD website. In the event that the supplied links fail, you can find them by followng the "marriage" link on the left side of the home page. At the bottom left of the "marriage" page, you will see a box devoted to the Goodridge case. You can find the readings by doing the following:

  1. Click the "case documents" link, and then the "Amicus Briefs Filed on Behalf of Plaintiffs" link. Look over the various Amicus briefs to get a sense of the different ways in which this case was argued. Then click and print brief #6 "Amici Curiae Brief of Historians: The Constant Evolution of Legal Marriage." You will want to read this document in its entirety.
  2. Return to the "case documents" page, and click on the "Brief of Defendants" link. From this document, you will need to read the table of contents (pages i - iv, page images 1-5), the section defining the "plain and ordinary meaning" of marriage (pages 11-13; page images 42-44), and two sections in which historical arguments are most explicit (pages 17-23 and 40-47; images 48-54 and 77-85).
  3. Return to the "case documents" again, click and print the "Supreme Judicial Court's Decision." You should look through this entire document, paying close attention to the following:
    • In Marshall, C.J., writing for the majority: introductory paragraphs; section I; in section III, paragraphs between [FN 27] and [FN32]; section IV.
    • Greaney, J (concurring)
    • Spina, J. (dissenting, with whom Sosman and Cordy, JJ. join): intro paragraph and section I.
    • Sosman, J. (dissenting, with whom spina and Cordy, JJ. join)
    • Cordy, J. (dissenting, with whom Spina and Sosman, JJ. join): section A
    • Note that the footnotes for all of the decision appear in sequential order at the end of the text. Read these as you find necessary to understand the arguments.
  4. Please read at least one of the following, as your interests dictate:

Questions to Write About:

Approach 1: Defining Marriage

How should we define marriage? Write an essay explaining some of the different definitions at play in the Goodridge case. (Factors to consider include: civil v. religious, role of procreation, protection of children, status v. contract, source of social stability) Other questions you might want to consider as you develop your argument include: Why do competing interpreters think it important that their definition prevail? How do the definitions in the Goodridge case, and the arguments supporting them, compare with other attempts to define marriage that you have encountered in this course? How do these definitions compare with the understanding of marriage you brought into this course? How has your own understanding of marriage changed?

Approach 2: The Uses of Historical Arguments

What role does history play in the competing arguments in the Goodridge case? Additional questions your essay might consider include: Compare the claims made on behalf of each side. How are they different? How are they alike? How do these uses of history compare with the use of history in past arguments about marriage? What evidence from the course readings supports, challenges or complicates claims in the Goodridge case? What do you think history tells us? When is it persuasive? When does it obscure the issues?

As was the case with earlier assignments, please consult the history department's J300/J400 resource page and materials available from Writing Tutorial Services for help evaluating your writing. The J300/J400 site's suggestions for generating “manageable topics," and Writing Tutorial Services page on developing a thesis statement offer particulalry useful examples, against which you can compare your own question and thesis