Same-Sex Marriage and the Constitution

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Cambridge University Press, 2017. 6. 26. - 221페이지
In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

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Introduction
1
Is a Heterosexual Monopoly on Marriage Rational?
18
Sexism Heterosexism and ClassBased Equal Protection
53
The Fundamental Right to Marry
77
SameSex Marriage and the Fundamental Right to Marry
95
Should Courts Create New Rights?
126
Identifying Fundamental Rights
145
Democracy Neutrality and Consistency of Principle
166
The Road to SameSex Marriage
201
Index
218
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저자 정보 (2017)

Evan Gerstmann is a Professor of Political Science at Loyola Marymount University, California. He is a widely cited scholar on the issues of same-sex equality and other timely legal issues. He has frequently appeared as an expert in both academic and popular media venues, and his scholarship has covered issues ranging from same-sex marriage to the use of racially motivated force by police to sexual assault on the American university campus.

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