Same Sex Marriage and the Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 9780521009522
Format: PDF, ePub, Mobi
Download Now
Same Sex Marriage and the Constitution argues that same-sex marriage is an important constitutional issue facing society.

Legally Wed

Author: Mark Strasser
Publisher: Cornell University Press
ISBN: 1501717723
Format: PDF, ePub, Docs
Download Now
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: 113947071X
Format: PDF, ePub, Docs
Download Now
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.

On Same sex Marriage Civil Unions and the Rule of Law

Author: Mark Philip Strasser
Publisher: Greenwood Publishing Group
ISBN: 9780275977610
Format: PDF, ePub, Mobi
Download Now
The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner. Discussing the constitutional implications of civil unions with a special focus on how they might be treated in the interstate context, Strasser explains how the courts and commentators have reworked and significantly weakened a variety of constitutional protections in their attempts to establish that same-sex couples are not afforded constitutional protections. He further suggests that the constitutional protections for religion support rather than undermine the constitutional protection of same-sex unions.

Demokratische Gesetzgebung in der Europ ischen Union

Author: Jelena von Achenbach
Publisher: Springer-Verlag
ISBN: 364223917X
Format: PDF, ePub, Mobi
Download Now
Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit Art. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.

The Challenge of Same sex Marriage

Author: Mark Philip Strasser
Publisher: Greenwood Publishing Group
ISBN: 9780275966249
Format: PDF, Kindle
Download Now
This text examines the constitutional dimensions of the same-sex marriage referenda in Hawaii and Alaska, and discusses the limited conditions under which the US constitution allows states to refuse recognition of same-sex marriages validly celebrated in a sister state.

Same sex Marriage

Author: David E. Newton
Publisher: ABC-CLIO
ISBN: 1598847074
Format: PDF, Docs
Download Now
This book offers an analysis of the past and current status of same-sex marriage in the United States and other nations of the world, accompanied by a balanced review of the arguments in favor of and opposed to the practice. * Presents laws, executive orders, reports, and legal decisions regarding same-sex marriage * Contains a clear chronology of U.S. and international events related to same-sex marriage * Provides an extensive annotated bibliography of books, articles, and electronic sources * Includes bibliographic sketches of important individuals in the history of same-sex marriage * Offers profiles of the major organizations that are actively involved in the issue and represent various perspectives

Same sex Marriage

Author: Mathew D. Staver
Publisher: B&H Publishing Group
ISBN: 0805431969
Format: PDF, Mobi
Download Now
Staver argues that the allowing of same-sex marriages in San Francisco speaks to the homosexual agenda's cultural assault and the church's timidity in confronting it.

Legalizing Gay Marriage

Author: Michael Mello
Publisher: Temple University Press
ISBN: 9781592137985
Format: PDF, Kindle
Download Now
Lessons from the first states to grapple with gay marriage legislation.

Same Sex Marriage

Author: Tricia Andryszewski
Publisher: Twenty-First Century Books
ISBN: 0761380760
Format: PDF, ePub, Docs
Download Now
This book examines the history of the gay rights movement in the United States And The struggle for equal protection under the law, including the right for same-sex couples to marry. it provides the opinions and perspectives of leaders, activists, politicians, and ordinary Americans on both sides of the issue.