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

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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


Reason and Prejudice Is the Heterosexual Monopoly on Marriage Rational?
Looking for Stricter Scrutiny Sexism Heterosexism and ClassBased Equal Protection
Marriage as a Fundamental Constitutional Right
The Fundamental Right to Marry
SameSex Marriage and the Fundamental Right to Marry
Rights and Equality
Should Courts Create New Rights?
Identifying Fundamental Rights
Rights in a Democratic Society
Democracy Neutrality and Consistency of Principle
Principles and Practicalities

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About the author (2004)

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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