Same-Sex Marriage and the Constitution

Same-Sex Marriage and the Constitution

by Evan Gerstmann

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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: 9780521009522
Publisher: Cambridge University Press
Publication date: 08/18/2003
Edition description: Older Edition
Pages: 236
Product dimensions: 5.98(w) x 8.98(h) x 0.51(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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