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On Same-Sex Marriage, Civil Unions, and the Rule of Law Constitutional Interpretation at the Crossroads
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Mark Strasser
Book Code: C7761
ISBN: 0-275-97761-7
ISBN-13: 978-0-275-97761-0
208 pages
Praeger Publishers
Publication: 10/30/2002
List Price: $55.00 (UK Sterling Price: £31.95)
Availability: In Stock
Media Type: Hardcover
Trim Size: 6 1/8 x 9 1/4
Subjects:
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:
  • 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
LC Card Number: 2002025204
LCC Class: KF539
Dewey Class: 346
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