Same-Sex Marriage and the Constitution
Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather than the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one...
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There is long-standing constitutional protection of the right to marry that applies to same-sex couples. The Washington Post By the time you read this, the Massachusetts Supreme Court may have decided whether or not the Constitution protects a right to gay marriage. Regardless of what the court decides, it will hardly settle what has become one of our most hotly contested constitutional debates. Evan Gerstmann's new book, Same-Sex Marriage and the Constitution, won't settle it either; but it is a clear and fair-minded guide to the strengths and weaknesses of the leading constitutional arguments for and against gay marriage.—Jeffrey Rosen
PrefaceAcknowledgmentsPt. IThe Challenge of Same-Sex Marriage1Introduction32Reason and Prejudice: Is the Heterosexual Monopoly on Marriage Rational?133Looking for Stricter Scrutiny: Sexism, Heterosexism, and Class-Based Equal Protection41Pt. IIMarriage as a Fundamental Constitutional Right4The Fundamental Right to Marry675Same-Sex Marriage and the Fundamental Right to Marry85Pt. IIIRights and Equality6Should Courts Create New Rights?1157Identifying Fundamental Rights134Pt. IVRights in a Democratic Society8Democracy, Neutrality, and Consistency of Principle1599Principles and Practicalities194Bibliography211Index219
\ The Washington PostBy the time you read this, the Massachusetts Supreme Court may have decided whether or not the Constitution protects a right to gay marriage. Regardless of what the court decides, it will hardly settle what has become one of our most hotly contested constitutional debates. Evan Gerstmann's new book, Same-Sex Marriage and the Constitution, won't settle it either; but it is a clear and fair-minded guide to the strengths and weaknesses of the leading constitutional arguments for and against gay marriage.—Jeffrey Rosen\ \
