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Same-Sex Marriage and the Constitution
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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.

Reviews

'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

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Contents

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

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