Same-Sex Marriage and the Constitution

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.