On Same-Sex Marriage, Civil Unions, and the Rule of Law
Constitutional Interpretation at the Crossroads
Seiten
2002
Praeger Publishers Inc (Verlag)
978-0-275-97761-0 (ISBN)
Praeger Publishers Inc (Verlag)
978-0-275-97761-0 (ISBN)
Discussing the constitutional implications of civil unions, the author 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.
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.
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.
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).
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
| Erscheint lt. Verlag | 30.10.2002 |
|---|---|
| Sprache | englisch |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht | |
| Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung | |
| Sozialwissenschaften ► Soziologie ► Mikrosoziologie | |
| ISBN-10 | 0-275-97761-7 / 0275977617 |
| ISBN-13 | 978-0-275-97761-0 / 9780275977610 |
| Zustand | Neuware |
| Haben Sie eine Frage zum Produkt? |
Mehr entdecken
aus dem Bereich
aus dem Bereich
Organisationen steuern, Strukturen schaffen, Prozesse gestalten
Buch | Softcover (2024)
Rehm Verlag
CHF 53,20
Buch | Softcover (2024)
Springer Fachmedien Wiesbaden GmbH (Verlag)
CHF 41,95
