Same-sex marriage and the constitution

書誌事項

Same-sex marriage and the constitution

Evan Gerstmann

Cambridge University Press, 2008

2nd ed

  • : hardback
  • : pbk

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注記

Includes bibliographical references (p. 215-225) and index

内容説明・目次

内容説明

Following the widely reviewed success of the first edition, the updated and expanded second edition of Same-Sex Marriage and the Constitution argues that there is a long-standing constitutional protection of the right to marry that applies to same-sex couples. Balancing strong advocacy of this position with respectful engagement with those who oppose same-sex marriage, Evan Gerstmann concludes not only that the Constitution protects same-sex marriage but that it is the proper role of the courts to enforce this right. The book also takes on many of the same-sex marriage myths: that it will lead down that 'slippery slope' to such things as polygamy, that same-sex marriage has been a political albatross for liberals and progressives, and that courts are 'usurping' the democratic process. Without overheated rhetoric or legal jargon, Gerstmann makes the case for same-sex marriage as a constitutional guarantee.

目次

  • 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
  • 4. The fundamental right to marry
  • 5. Same-sex marriage and the fundamental right to marry
  • 6. Should courts create new rights? 7. Identifying fundamental rights
  • 8. Democracy, neutrality, and the consistency of principle
  • 9. Principles and practicalities.

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