Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Same-Sex Marriage As an Issue of 'Tolerance,' Not 'Acceptance'

By Kevin Adler
January 04, 2006

When it comes to same-sex marriage and related issues, proponents of equality often are divided over how they should make their case politically, socially, and in the courts. Some LGBT advocates believe that direct challenges are necessary to highlight the inequities faced by same-sex couples, while others counsel a more incremental and/or indirect approach. One of America's most prominent analysts of social change considered this issue recently, and he came down solidly on the side of a less-aggressive approach, arguing that many Americans who are now considered in the category of opposing same-sex partnerships actually would support them if the issue was properly framed.

“There is a group of Americans who comprise the majority … who right now are saying that they hate and dislike gay marriage – but that's not what they mean. They are people who are on the fence, for whom this issue that is new and shocking and difficult to understand,” said noted author Malcolm Gladwell in a keynote presentation at National Gay and Lesbian Task Force's 18th annual Creating Change Conference in Oakland, CA, in November.

“[These opponents] are trying to find ways of working through their ambivalence. What they need is a script,” Gladwell continued. “They need someone to come and help them to think about this issue in a way that acknowledges those feelings … If you come up with a plausible script, a plausible way of framing this that acknowledges that ambivalence, I think we can go a long way toward setting the stage for a successful campaign in defense of this most critical right.”

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Stranger to the Deed Rule Image

In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.