Skip to main content Accessibility help
Same-Sex Marriage and the Constitution
  • Cited by 4
  • Export citation
  • Recommend to librarian
  • Buy the print book

Book description

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.


'Evan Gerstmann’s constitutional claim for marriage equality, visionary when it was first published in 2002, proved prophetic - and now, in this new edition, proffers a roadmap for advocates of fundamental-rights jurisprudence in the twenty-first century. Learned, impassioned, and rigorously argued, Same-Sex Marriage and the Constitution stands as touchstone scholarship on gay marriage - or, as we call it today, ‘marriage.'

Jonathan Rauch - Senior Fellow, The Brookings Institution, and author of Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America

'Evan Gerstmann presents a carefully crafted, highly nuanced, and up-to-date argument about same-sex marriage. At the same time, he carefully considers the implications of the issue for crucial and timely issues of constitutional interpretation.'

Harry Hirsch - Oberlin College, Ohio

'Professor Evan Gerstmann saw same-sex marriage coming and he sees same-sex marriage staying. His work is the rare combination of sophisticated doctrinal, normative, and political analysis.'

Mark Graber - University System of Maryland Regents Professor, University of Maryland Francis King Carey School of Law

Refine List

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Send to Kindle
  • Send to Dropbox
  • Send to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.


  • 5 - Same-Sex Marriage and the Fundamental Right to Marry
    pp 95-125


Altmetric attention score

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Book summary page views

Total views: 0 *
Loading metrics...

* Views captured on Cambridge Core between #date#. This data will be updated every 24 hours.

Usage data cannot currently be displayed.