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Vol 23 No 6 June/July 2018

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Desmith out now
Data protection handbook

Same-sex Marriage and the Constitution

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Evan GerstmannLoyola Marymount University, California

ISBN13: 9780521811002
ISBN: 0521811007
Published: March 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather that the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality.

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Other Jurisdictions , USA
Part I. The Challenge of Same Sex Marriage:
1. Introduction
2. Reason and prejudice: is the heterosexual monopoly on marriage rational?
3. Looking for stricter scrutiny: sexism, heterosexism, and class-based equal protection
Part II. Marriage as a Fundamental Right:
4.The fundamental right to marry
5. Same-sex marriage and the fundamental right to marry
Part III. Rights and Equality:
6. Should courts create new rights?
7. Identifying fundamental rights
Part IV. Rights in a Democratic Society:
8. Democracy, neutrality and consistency of principle
9. Principles and practicalities