Same-Sex Marriage and the Constitution

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Cambridge University Press, 2004 - Law - 222 pages
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Does the Constitution protect the right to same-sex marriage? Taking a careful look at the issue, Evan Gerstmann looks at the legal debate, and asks whether, in a democratic society, the courts, rather than voters, should resolve the question. Gerstmann also asks whether such a court-created law could be effective in the face of public opposition. Evan Gerstmann argues that this problem is one of the most significant constitutional issues facing society because it challenges society's commitment to true legal equality. After graduating with honors from the University of Michigan Law school in 1986, Evan Gerstmann practiced law in New York City for five years. Subsequently, he completed his Masters and Ph.D. in Political Science at the University of Wisconsin. He studies the interaction between law and politics. He has published a book on constitutional law, The Constitutional Class: Gays, Lesbians and the Failure of Class-Based Equal Protection (University of Chicago, 1999), as well as articles on subjects ranging from freedom of speech to how criminal law affects victims of domestic violence.
 

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Same sex marriage and the Constitution

User Review  - Not Available - Book Verdict

In this provocative legal study, Gertsmann drills deep into the gay marriage debate, beyond the well-mined rhetoric of"gay rights," to focus on the true bedrock of Americans' freedom: the Constitution ... Read full review

Same sex marriage and the Constitution

User Review  - Not Available - Book Verdict

In this provocative legal study, Gertsmann drills deep into the gay marriage debate, beyond the well-mined rhetoric of"gay rights," to focus on the true bedrock of Americans' freedom: the Constitution ... Read full review

Contents

Introduction
3
Reason and Prejudice Is the Heterosexual Monopoly on Marriage Rational?
13
Looking for Stricter Scrutiny Sexism Heterosexism and ClassBased Equal Protection
41
Marriage as a Fundamental Constitutional Right
65
The Fundamental Right to Marry
67
SameSex Marriage and the Fundamental Right to Marry
85
Rights and Equality
113
Should Courts Create New Rights?
115
Identifying Fundamental Rights
134
Rights in a Democratic Society
157
Democracy Neutrality and Consistency of Principle
159
Principles and Practicalities
194
Bibliography
211
Index
219
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