Marriage

by Noel Merino (Editor)

Overview

This guidebook presents extracts and analysis of four major court decisions that have shaped the issue of marriage. The cases cover such issues as polygamy, the right to marital privacy, interracial marriage, and same-sex marriage. Each decision is explained, and majority and dissenting opinions are explained. Legal experts and other professionals then present readers with an analysis of each case's ramifications and long-lasting impact.

Product Details

ISBN-13:	9780737744903
Publisher:	Greenhaven Publishing LLC
Publication date:	07/23/2009
Series:	Issues on Trial Series
Pages:	200
Product dimensions:	6.20(w) x 9.10(h) x 0.60(d)
Age Range:	15 - 17 Years

Table of Contents

Foreword 11

Introduction 14

Chapter 1 Finding Laws Against Polygamy Constitutional: Case Overview: Reynolds v. United States (1878) 19

1 The Court's Decision: Laws That Criminalize Polygamy Do Not Violate the Right to Religious Freedom Morrison Waite 21

2 The Reynolds Case Was Wrongly Decided Jeremy M. Miller 30

3 The Reynolds Court Was Correct to Support Monogamy as a Social Good Stanley Kurtz 40

4 Prosecution of Polygamy Raises Questions About Religious Liberty Henry Mark Holzer 52

5 The Reynolds Decision Is in Danger of Being Overturned Matthew D. Staver 56

Chapter 2 Determining That the Right to Privacy Protects Certain Marital Decisions: Case Overview: Griswold v. Connecticut (1965) 63

1 The Court's Decision: The Right to Privacy Protects Marital Use of Contraceptives William O. Douglas 65

2 Dissenting Opinion: There Is No Right to Privacy in the U.S. Constitution Hugo Black 71

3 The Griswold Decision Was a Victory for Women Shira Saperstein 78

4 The Broad Right to Privacy Found in Griswold Was a Mistake Robert P. George David L. Tubbs 82

5 The Right to Privacy Identified in Griswold Led to Abortion Rights Stuart Taylor 89

Chapter 3 Striking Down as Unconstitutional Laws Prohibiting Interracial Marriage: Case Overview: Loving v. Virginia (1967) 96

1 The Court's Decision: Laws Forbidding Interracial Marriage Violate the Fourteenth Amendment Earl Warren 98

2 Laws Against Interracial Marriage Are Compatible with the U.S. Constitution Robert Y. Button Kenneth C. Patty R.D. McIlwaine 107

3 The Right to Marry Found in Loving Applies to Everyone Jon W. Davidson 113

4 The Right to Marry Found in Loving Does NotExtend to Same-Sex Couples Jan LaRue 117

5 Interracial Marriage Has Increased and Gained Greater Acceptance Since Loving Michael J. Rosenfeld 124

Chapter 4 Finding Massachusetts's Laws Banning Same-Sex Marriage Unconstitutional: Case Overview: Goodridge v. Department of Public Health (2003) 129

1 The State Court's Decision: Massachusetts Cannot Limit Marriage to Opposite-Sex Couples Margaret H. Marshall 131

2 Dissenting Opinion: Changing Marriage Should Be Done by the Legislature, Not the Court Robert J. Cordy 142

3 The U.S. Supreme Court Should Rule as the Goodridge Court Did Brenda Feigen 152

4 The Reasoning in Goodridge Destroys the Meaning of Marriage Stephen J. Heaney 162

5 Goodridge Has Created Conflict with Other Laws Tony Wright 172

Organizations to Contact 180

For Further Research 184

Index 189

Editorial Reviews

Review: Marriage "Students should find these sources useful if they are trying to narrow their research topic, gain a deeper understanding of an issue or learn the skills in effectively debating their point."—VOYA, October 2010

From the Publisher