On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads
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...
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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.
AcknowledgmentsIntroduction1Vermont's Creation of Civil Unions12When Are Benefits Equal?233Civil Unions and Parental Status394The Right to Travel555Retroactivity and the Hawaii Referendum756Toleration and Same-Sex Relationships997Marriage, Religion, and Free Exercise1158Understanding Loving and Equal Protection Guarantees1339Threats to the Right to Privacy151Bibliography175Index191
