Same-sex marriage and the Constitution
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
Print Book, English, 2004
Cambridge University Press, Cambridge [England], 2004
xiii, 222 pages ; 24 cm
9780521811002, 9780521009522, 0521811007, 0521009529
51223533
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