Contentious issues such as the death penalty, civil liberties, and reproductive rights touch on people's deeply held beliefs. Greenhaven Press's Issues on Trial series captures the passion and depth of those debates, examining how the courts have helped to shape each issue through their rulings. Each volume focuses on a specific issue and includes primary sources like the text of court rulings and dissenting opinions, as well as secondary sources such as analyses and views of the rulings. Offering both historical and contemporary material, each Issues on Trial volume offers a wealth of information on issues currently confronting society.
Foreword 9
Introduction 12
Chapter 1 Embracing the Right to Privacy Case Overview: Griswold v. Connecticut (1965) 17
1 The Court's Decision: The Right of Privacy Is a Fundamental Right William O. Douglas 20
2 Dissenting Opinion: There Is No Right to Privacy Stated in the Constitution Hugo Black 27
3 Precursors to and Criticisms of Griswold David J. Garrow 31
4 Griswold Was a Manipulation of Constitutional Law Robert P. George David L. Tubbs 47
5 The Right to Privacy Hangs by a Thread Sarah Weddington Seth Kretzer 55
Chapter 2 Declaring Interracial Marriage Restrictions Unconstitutional Case Overview: Loving v. Virginia (1967) 62
1 The Court's Decision: Marriage Is a Basic Personal Right Earl Warren 65
2 Arguments for and Against Miscegenation Walter Wadlington 74
3 The Right to Marry Is Socially, Personally, and Constitutionally Important Lynn D. Wardle 89
4 The Right to Marry Should Extend to All Mildred Loving 97
5 Loving's Landmark Case Status Is Well-Deserved Joanna Grossman 100
Chapter 3 Refusing the Freedom to Die Case Overview: Washington v. Glucksberg (1997) 115
1 The Court's Decision: The Government Can Regulate Some Liberties William H. Rehnquist 117
2 Choosing Life or Death Is a Personal Matter Ronald Dworkin Thomas Nagel Robert Nozick John Rawls T.M. Scanlon Judith Jarvis Thomson 127
3 Liberty and Personal Autonomy Are Not the Same Edward McGlynn Gaffney 139
4 Abortion Is the Subtext in Glucksberg Marcia Coyle 144
5 States Can Decide if There Is a Right to Die Michael G. Trachtman 150
Chapter 4 Allowing Sexual Liberty Between Consenting Adults Case Overview: Lawrence and Garner v. Texas (2003) 154
1 TheCourt's Decision: Criminalizing Sexual Intimacy by Same-Sex Couples Violates the Fourteenth Amendment Anthony M. Kennedy 156
2 Dissenting Opinion: The Majority Is Adopting the "Homosexual Agenda" Antonin Scalia 169
3 The Court Shifts Its Focus from Privacy to Liberty in the Lawrence Decision Randy E. Barnett 179
4 Lawrence Bolsters the Case for Gay Marriage David S. Buckel 185
Organizations to Contact 192
For Further Research 195
Index 201
Overview
Contentious issues such as the death penalty, civil liberties, and reproductive rights touch on people's deeply held beliefs. Greenhaven Press's Issues on Trial series captures the passion and depth of those debates, examining how the courts have helped to shape each issue through their rulings. Each volume focuses on a specific issue and includes primary sources like the text of court rulings and dissenting opinions, as well as secondary sources such as analyses and views of the rulings. Offering both historical...