Skip to main content Accessibility help
×
  1. Home
  2. Books
  3. Same-Sex Marriage and the Constitution
  • Cited by 8
      • 3rd edition
      Show more authors
      • You may already have access via personal or institutional login
    • Select format
    • Publisher:
      Cambridge University Press
      Publication date:
      13 July 2017
      26 June 2017
      ISBN:
      9781316795798
      9781107174290
      9781316626467
      DOI:
      https://doi.org/10.1017/9781316795798
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.46kg, 232 Pages
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.34kg, 234 Pages
      • Subjects:
      Area Studies, American Studies, US Law, American Government, Politics and Policy, Law, Politics and International Relations
    You may already have access via personal or institutional login
    • Selected: Digital
    Add to cart View cart Buy from Cambridge.org
    Subjects:
    Area Studies, American Studies, US Law, American Government, Politics and Policy, Law, Politics and International Relations
    Information

    Book description

    In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

    Reviews

    'Evan Gerstmann’s constitutional claim for marriage equality, visionary when it was first published in 2002, proved prophetic - and now, in this new edition, proffers a roadmap for advocates of fundamental-rights jurisprudence in the twenty-first century. Learned, impassioned, and rigorously argued, Same-Sex Marriage and the Constitution stands as touchstone scholarship on gay marriage - or, as we call it today, ‘marriage.'

    Jonathan Rauch - Senior Fellow, The Brookings Institution, and author of Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America

    'Evan Gerstmann presents a carefully crafted, highly nuanced, and up-to-date argument about same-sex marriage. At the same time, he carefully considers the implications of the issue for crucial and timely issues of constitutional interpretation.'

    Harry Hirsch - Oberlin College, Ohio

    'Professor Evan Gerstmann saw same-sex marriage coming and he sees same-sex marriage staying. His work is the rare combination of sophisticated doctrinal, normative, and political analysis.'

    Mark Graber - University System of Maryland Regents Professor, University of Maryland Francis King Carey School of Law

    Refine List

    Actions for selected content:

    Select all | Deselect all
    • View selected items
    • Export citations
    • Download PDF (zip)
    • Save to Kindle
    • Save to Dropbox
    • Save to Google Drive

    Save Search

    You can save your searches here and later view and run them again in "My saved searches".

    Please provide a title, maximum of 40 characters.
    Cancel
    ×

    Contents

    Contents
    References

    Metrics

    Altmetric attention score

    Full text views

    Total number of HTML views: 0
    Total number of PDF views: 0 *
    Loading metrics...

    Book summary page views

    Total views: 0 *
    Loading metrics...

    * Views captured on Cambridge Core between #date#. This data will be updated every 24 hours.

    Usage data cannot currently be displayed.

    Accessibility standard: Unknown

    Why this information is here

    This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.

    Accessibility Information

    Accessibility compliance for the HTML of this book is currently unknown and may be updated in the future.