Pub. Date:
Cambridge University Press
Same-Sex Marriage and the Constitution / Edition 2

Same-Sex Marriage and the Constitution / Edition 2

by Evan Gerstmann
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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.

    Product Details

    ISBN-13: 2900521709131
    Publisher: Cambridge University Press
    Publication date: 12/31/2007
    Edition description: Revised Edition
    Pages: 248
    Product dimensions: 6.00(w) x 1.25(h) x 9.00(d)

    About the Author

    Evan Gerstmann is a Professor of Political Science at Loyola Marymount University, California. He is a widely cited scholar on the issues of same-sex equality and other timely legal issues. He has frequently appeared as an expert in both academic and popular media venues, and his scholarship has covered issues ranging from same-sex marriage to the use of racially motivated force by police to sexual assault on the American university campus.

    Table of Contents

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

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