Same Sex Marriage and the Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1107174295
Format: PDF, Mobi
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A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Same Sex Marriage and the Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1316802760
Format: PDF, ePub
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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.

Same Sex Marriage and the Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 113947071X
Format: PDF, Docs
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Following the widely reviewed success of the first edition, the updated and expanded second edition of Same-Sex Marriage and the Constitution argues that there is a long-standing constitutional protection of the right to marry that applies to same-sex couples. Balancing strong advocacy of this position with respectful engagement with those who oppose same-sex marriage, Evan Gerstmann concludes not only that the Constitution protects same-sex marriage but that it is the proper role of the courts to enforce this right. The book also takes on many of the same-sex marriage myths: that it will lead down that 'slippery slope' to such things as polygamy, that same-sex marriage has been a political albatross for liberals and progressives, and that courts are 'usurping' the democratic process. Without overheated rhetoric or legal jargon, Gerstmann makes the case for same-sex marriage as a constitutional guarantee.

Legally Wed

Author: Mark Strasser
Publisher: Cornell University Press
ISBN: 1501717723
Format: PDF, Docs
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In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision. Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant. The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions—that marriage exists to provide a setting for the production and raising of children—is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.

Same Sex Marriage and the Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1107174295
Format: PDF, Kindle
Download Now
A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Sex and the Constitution Sex Religion and Law from America s Origins to the Twenty First Century

Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Format: PDF, ePub
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There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

Same sex Marriage

Author: Patricia M. Stockland
Publisher: ABDO Publishing Company
ISBN: 1617852619
Format: PDF, ePub, Docs
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Discusses the controversial viewpoints regarding same-sex marriages.

The Constitution Today

Author: Akhil Reed Amar
Publisher: Basic Books
ISBN: 0465096344
Format: PDF, ePub, Mobi
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"I don't think there is anyone in the academy these days capable of more patient and attentive reading of the constitutional text than Akhil Amar."--Jeremy Waldron, New York Review of Books When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades--from gun control to gay marriage, affirmative action to criminal procedure, presidential dynasties to congressional dysfunction, Bill Clinton's impeachment to Obamacare. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Leading readers through the constitutional questions at stake in each episode while outlining his abiding views regarding the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.

From the Closet to the Altar

Author: Michael Klarman
Publisher: Oxford University Press
ISBN: 0199922101
Format: PDF
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"Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of themodern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash--with more than 35 states and Congress enacting defense-of-marriage acts--and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern--court victory followed by dramatic backlash--through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage--Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolvein the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists' pursuing social reforms such as gay marriage through the courts"--

A Constitution for All Times

Author: Pamela S. Karlan
Publisher: MIT Press
ISBN: 0262318369
Format: PDF, ePub, Mobi
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Pamela S. Karlan is a unique figure in American law. A professor at Stanford Law School and former counsel for the NAACP, she has argued seven cases at the Supreme Court and worked on dozens more as a clerk for Justice Harry Blackmun. In her first book written for a general audience, she examines what happens in American courtrooms -- especially the Supreme Court -- and what it means for our everyday lives and to our national commitments to democracy, justice, and fairness. Through an exploration of current hot-button legal issues -- from voting rights to the death penalty, health care, same-sex marriage, invasive high-tech searches, and gun control -- Karlan makes a sophisticated and resonant case for her vision of the Constitution. At the heart of that vision is the conviction that the Constitution is an evolving document that enables government to solve novel problems and expand the sphere of human freedom. As skeptics charge congressional overreach on such issues as the Affordable Care Act and even voting rights, Karlan pushes back. On individual rights in particular, she believes the Constitution allows Congress to enforce the substance of its amendments. And she calls out the Roberts Court for its disdain for the other branches of government and for its alignment with a conservative agenda.