Same-Sex Marriage and the Constitution

ISBN-13: 9781316626467 / Angielski / Miękka / 2017 / 234 str.

Evan Gerstmann

Opis

A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Recenzje

'Professor Evan Gerstmann saw same-sex marriage coming and he sees same-sex marriage staying. His work is the rare combination of sophisticated doctrinal, normative, and political analysis.' Mark Graber, University System of Maryland Regents Professor, University of Maryland Francis King Carey School of Law

Spis treści

1. Introduction; 2. Reason and prejudice: is a heterosexual monopoly on marriage rational?; 3. Looking for stricter scrutiny: sexism, heterosexism, and class-based equal protection; 4. The fundamental right to marry; 5. Same-sex marriage and the fundamental right to marry; 6. Should courts create new rights?; 7. Identifying fundamental rights; 8. Democracy, neutrality, and consistency of principle; 9. Principles and practicalities: the road to same-sex marriage.