Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions like freedom of religion, same-sex marriage, affirmative action, and abortion into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of moral pluralism. His defense of judicial review is predicated on the...

Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions like freedom of religion, same-sex marriage, affirmative action, and abortion into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of moral pluralism. His defense of judicial review is predicated on the...

With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the...

Although the debate over same-sex marriage in the United States has ended, no one seems to know what lies on the horizon. The conversation about what marriage could be like in the future is no longer confined to academics. In his dissent in Obergefell, Chief Justice Roberts linked the constitutionally-mandated legal recognition of same-sex marriage to the possibility that states may also have to recognize multi-person intimate relationships as well to avoid discriminating against plural marriage enthusiasts. The popularity of television shows like TLC s Sister Wives and HBO s Big Love...

This book outlines the constitutional argument in favor of plural marriage in the United States.

This edited volume contributes to the growing literature on post-marriage-equality marriage. It is the first interdisciplinary approach to understanding the various historical, empirical, normative, and legal dimensions of marriage as Americans begin to imagine what marriage could be like in the future.