Same-Sex Marriage and the Constitution

by Evan Gerstmann

• ISBN13: 9780521882507
• ISBN10: 0521882508
• Edition: 2nd
• Format: Hardcover
• Copyright: 2008-03-03
• Publisher: Cambridge University Press

Summary

The revised and expanded second edition of Same-Sex Marriage and the Constitution makes the case that the Constitution has long protected the right to marry, and that this protection includes the right to marry a person of the same gender. No other book makes this argument. This book addresses other issues, such as why same-sex marriage is completely different, both practically and constitutionally, from polygamy and incest, and it debunks the myth that pro'same-sex marriage decisions have created a backlash against either gays and lesbians or the Democratic Party.

Table of Contents

Acknowledgments	p. ix
Preface to the Second Edition	p. xi
The Challenge of Same-Sex Marriage
Introduction	p. 3
Reason and Prejudice: Is the Heterosexual Monopoly on Marriage Rational?	p. 14
Looking for Stricter Scrutiny: Sexism, Heterosexism, and Class-Based Equal Protection	p. 48
Marriage as a Fundamental Constitutional Right
The Fundamental Right to Marry	p. 73
Same-Sex Marriage and the Fundamental Right to Marry	p. 91
Rights and Equality
Should Courts Create New Rights?	p. 119
Identifying Fundamental Rights	p. 138
Rights in a Democratic Society
Democracy, Neutrality, and Consistency of Principle	p. 163
Principles and Practicalities	p. 196
Bibliography	p. 215
Index	p. 227
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