On Same-Sex Marriage, Civil Unions, and the Rule of Law
Constitutional Interpretation at the Crossroads
On Same-Sex Marriage, Civil Unions, and the Rule of Law
Constitutional Interpretation at the Crossroads
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Description
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.
Table of Contents
Vermont's Creation of Civil Unions
When Are Benefits Equal
Civil Unions and Parental Status
The Right to Travel
Retroactivity and the Hawaii Referendum
Toleration and Same-Sex Relationships
Marriage, Religion, and Free Exercise
Understanding Loving and Equal Protection Guarantees
Threats to the Right to Privacy
Bibliography
Index
Product details
| Published | 30 Oct 2002 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 208 |
| ISBN | 9780275977610 |
| Imprint | Praeger |
| Dimensions | 235 x 156 mm |
| Series | Issues on Sexual Diversity and the Law |
| Publisher | Bloomsbury Publishing |
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