On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads

Overview

The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner.

Discussing the constitutional ...

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Overview

The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner.

Discussing the constitutional implications of civil unions with a special focus on how they might be treated in the interstate context, Strasser explains how the courts and commentators have reworked and significantly weakened a variety of constitutional protections in their attempts to establish that same-sex couples are not afforded constitutional protections. He further suggests that the constitutional protections for religion support rather than undermine the constitutional protection of same-sex unions.

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Product Details

Meet the Author

MARK STRASSER is Trustees Professor of Law, Capital University Law School, Columbus, Ohio. He is the co-editor of Same-Sex Marriages: A Debate (Praeger, 2003), The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections (Praeger, 1999), and Legally Wed: Same-Sex Marriage and the Constitution (1997).

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Table of Contents

Acknowledgments
Introduction
1 Vermont's Creation of Civil Unions 1
2 When Are Benefits Equal? 23
3 Civil Unions and Parental Status 39
4 The Right to Travel 55
5 Retroactivity and the Hawaii Referendum 75
6 Toleration and Same-Sex Relationships 99
7 Marriage, Religion, and Free Exercise 115
8 Understanding Loving and Equal Protection Guarantees 133
9 Threats to the Right to Privacy 151
Bibliography 175
Index 191
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