
On Same-Sex Marriage, Civil Unions, and the Rule of Law
Constitutional Interpretation at the Crossroads
- 208 pages
- English
- PDF
- Available on iOS & Android
On Same-Sex Marriage, Civil Unions, and the Rule of Law
Constitutional Interpretation at the Crossroads
About this book
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.
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Information
Table of contents
- Contents
- Acknowledgments
- Introduction
- 1. Vermont's Creation of Civil Unions
- 2. When Are Benefits Equal?
- 3. Civil Unions and Parental Status
- 4. The Right to Travel
- 5. Retroactivity and the Hawaii Referendum
- 6. Toleration and Same-Sex Relationships
- 7. Marriage, Religion, and Free Exercise
- 8. Understanding Loving and Equal Protection Guarantees
- 9. Threats to the Right to Privacy
- Bibliography
- Index