Waubonsee Community College

Same-sex marriage and the Constitution, Evan Gerstmann

eng

Includes bibliographical references (pages 211-218) and index

index present

non fiction

Same-sex marriage and the Constitution

bibliography

51223533

Evan Gerstmann

Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather that the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality

pt. I. The challenge of same sex marriage. Introduction ; Reason and prejudice: is the heterosexual monopoly on marriage rational? ; Looking for stricter scrutiny: sexism, heterosexism, and class-based equal protection -- pt. II. Marriage as a fundamental constitutional right. The fundamental right to marry ; Same-sex marriage and the fundamental right to marry -- pt. III. Rights and equality. Should courts create new rights? ; Identifying fundamental rights -- pt. IV. Rights in a democratic society. Democracy, neutrality and consistency of principle ; Principles and practicalities