Same-Sex Marriage and the Constitution / Edition 2

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Overview

Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather than the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality.
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Editorial Reviews

The Washington Post
By the time you read this, the Massachusetts Supreme Court may have decided whether or not the Constitution protects a right to gay marriage. Regardless of what the court decides, it will hardly settle what has become one of our most hotly contested constitutional debates. Evan Gerstmann's new book, Same-Sex Marriage and the Constitution, won't settle it either; but it is a clear and fair-minded guide to the strengths and weaknesses of the leading constitutional arguments for and against gay marriage.—Jeffrey Rosen
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Product Details

  • ISBN-13: 9780521709132
  • Publisher: Cambridge University Press
  • Publication date: 12/31/2007
  • Edition description: Revised Edition
  • Edition number: 2
  • Pages: 248
  • Product dimensions: 5.98 (w) x 8.98 (h) x 0.55 (d)

Meet the Author

Evan Gerstmann is Associate Professor and Chair of Political Science at Loyola Marymount University in Los Angeles. He holds a Ph.D. from the University of Wisconsin-Madison (1996) and a J.D. from the University of Michigan Law School (cum laude, 1986). He is the author of two books on constitutional law: Same-Sex Marriage and the Constitution (2003) and The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection (1999), and has coauthored a third book, Academic Freedom at the Dawn of a New Century: How Terrorism, Governments, and Culture Wars Impact Free Speech (2006). His other publications have appeared in PS: Political Science and Politics and The Journal of International Law and International Relations, and his works have been reviewed in numerous journals, including The New Republic, The Washington Post, The Nation, and The Chronicle of Higher Education.

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Table of Contents

Preface
Acknowledgments
Pt. I The Challenge of Same-Sex Marriage
1 Introduction 3
2 Reason and Prejudice: Is the Heterosexual Monopoly on Marriage Rational? 13
3 Looking for Stricter Scrutiny: Sexism, Heterosexism, and Class-Based Equal Protection 41
Pt. II Marriage as a Fundamental Constitutional Right
4 The Fundamental Right to Marry 67
5 Same-Sex Marriage and the Fundamental Right to Marry 85
Pt. III Rights and Equality
6 Should Courts Create New Rights? 115
7 Identifying Fundamental Rights 134
Pt. IV Rights in a Democratic Society
8 Democracy, Neutrality, and Consistency of Principle 159
9 Principles and Practicalities 194
Bibliography 211
Index 219
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