American Constitutionalism, Marriage, and the Family: Obergefell v. Hodges and U.S. v. Windsor in ContextThis edited volume in American constitutionalism places the Supreme Court’s declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court’s developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court’s affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court’s recent marriage rulings both break with and derive from the competing principles of American Constitutionalism. |
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Contents
| 1 | |
| 5 | |
2 The Household and the City in Classical Political Philosophy and in John Witte Jrs Account of the History of Western Jurisprudence | 31 |
3 The Triumph of the Right of Intimate Association | 47 |
4 Free and Happy Bonds | 63 |
5 On the Marriage of Dred Scott | 83 |
6 Back to the Future | 99 |
7 Sterilization Reproductive Rights and the Ninth Amendment | 109 |
10 Obergefell v Hodges and the Privacy Doctrine | 161 |
11 Democracy in Justice Kennedys America | 171 |
12 Parenthood and Procreation | 187 |
13 Does the Law and the Constitution of the Family Have to Change? | 205 |
Appendix | 217 |
| 219 | |
| 225 | |
About the Contributors | 229 |
8 Limited Government and the Family | 125 |
9 Liberalism the Family and the Right to Privacy | 141 |
Other editions - View all
American Constitutionalism, Marriage, and the Family: Obergefell V. Hodges ... Patrick N. Cain,David Ramsey No preview available - 2016 |
American Constitutionalism, Marriage, and the Family: Obergefell V. Hodges ... Patrick N. Cain,David Ramsey No preview available - 2016 |
Common terms and phrases
al-Fārābī American argued argument association autonomy biological birth Buck Carrie Buck Chief Justice child choice Christian citizens civic civil claim cohabitation consent constitutional contraceptives contract Court’s Court’s decision Curtis dissent divorce Dred Scott Due Process Clause duty Eisenstadt eugenics Fourteenth Amendment freedom fundamental right Griswold Hodges household human husband Ibid individual rights institution interest judicial jurisprudence Kennedy Kennedy’s liberal liberty limited government marital marriage and family Maynard means natural Ninth Amendment Obergefell one’s opinion parenthood parents personal logos philosopher-pope plural marriage political Pope Benedict XVI principle procreation protection pursuit of happiness question reason recognized relational relationship religion religious reproduction riage right to marry right to privacy same-sex marriage sexual social society Society of Sisters spouses state’s statute sterilization substantive due process Supreme Court tion Tocqueville Tocqueville’s traditional U.S. Supreme Court understanding of marriage union wife Witte woman women
Bibliographic information
| Title | American Constitutionalism, Marriage, and the Family: Obergefell v. Hodges and U.S. v. Windsor in Context |
| Editors | Patrick N. Cain, David Ramsey |
| Contributors | Patrick N. Cain, David Ramsey, Stephen A. Block, Adam M. Carrington, William C. Duncan, Lauren Hall, Terence Kleven, Peter Lawler, Martha Martini, Susan McWilliams, Mark Scully, James R. Stoner Jr., Scott Yenor |
| Edition | illustrated |
| Publisher | Rowman & Littlefield, 2016 |
| ISBN | 149852818X, 9781498528184 |
| Length | 240 pages |
| Subjects | › › Law / Constitutional Political Science / American Government / Judicial Branch Social Science / Sociology / Marriage & Family |
| Export Citation | BiBTeX EndNote RefMan |