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 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.

Inhaltsverzeichnis

Introduction
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

Über den Autor / die Autorin

MARK STRASSER is Trustees Professor of Law, Capital University Law School, Columbus, Ohio. He is the co-editor of Same-Sex Marriages: A Debate (Praeger, 2003), The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections (Praeger, 1999), and Legally Wed: Same-Sex Marriage and the Constitution (1997).

Produktdetails

• Autoren: Mark Strasser, Strasser Mark
• Verlag: Bloomsbury
• Sprache: Englisch
• Produktform: Fester Einband
• Erschienen: 30.10.2002
• EAN: 9780275977610
• ISBN: 978-0-275-97761-0
• Themen: Sozialwissenschaften, Recht,Wirtschaft > Recht > Internationales Recht, Ausländisches Recht; USA, SOCIAL SCIENCE / Sociology / Marriage & Family, LAW / Family Law / General, LAW / Constitutional, POLITICAL SCIENCE / American Government / Executive Branch, POLITICAL SCIENCE / American Government / Legislative Branch, Sociology: family & relationships, United States of America, USA, Sociology: family and relationships, Constitution: government & the state, Constitution: government and the state, Constitutional & administrative law, Constitutional and administrative law: general, Family law: same-sex partnership, LGBTQ Studies