Same-sex marriage and the constitution

著者

書誌事項

Same-sex marriage and the constitution

Evan Gerstmann

Cambridge University Press, 2004

  • : hbk
  • : pbk

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather that the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality.

目次

  • Part I. The Challenge of Same Sex Marriage: 1. Introduction
  • 2. Reason and prejudice: is the heterosexual monopoly on marriage rational?
  • 3. Looking for stricter scrutiny: sexism, heterosexism, and class-based equal protection
  • Part II. Marriage as a Fundamental Right: 4.The fundamental right to marry
  • 5. Same-sex marriage and the fundamental right to marry
  • Part III. Rights and Equality: 6. Should courts create new rights?
  • 7. Identifying fundamental rights
  • Part IV. Rights in a Democratic Society: 8. Democracy, neutrality and consistency of principle
  • 9. Principles and practicalities
  • Bibliography.

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