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filed against the State of Arizona on January 6, 2014,
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States May Recognize Same-Sex Marriages, But Navajo Nation Won't


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The Navajo Nation has prohibited same-sex marriage since 2005, when the Diné Marriage Act was passed. Now, critics are challenging that ban.

As the largest reservation in the U.S., the Navajo Nation straddles the borders of three states: New Mexico, Arizona and Utah. Utah has been embroiled in its own same-sex marriage battle recently (the state halted gay marriages Monday).

But these state laws do not affect the Navajo Nation ban.

Michel Martin, host of NPR's Tell Me More, recently sat down with Deswood Tome, a special adviser to the president of the Navajo Nation, and activist Alray Nelson of the Coalition for Navajo Equality.

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Same-Sex Marriage and ChildrenSame-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. 

In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that recently reached the Supreme Court and explains why the constitutionality of same-sex marriage bans cannot be defended on the basis that maintaining marriage as an exclusively heterosexual institution helps to promote the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.


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