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Home > Catalog > Same-Sex Marriage and the Constitution
Same-Sex Marriage and the Constitution


  • Page extent: 248 pages
  • Size: 228 x 152 mm
  • Weight: 0.34 kg


 (ISBN-13: 9780521709132)

  • There was also a Hardback of this title but it is no longer available
  • Published February 2008

Replaced by 9781316626467

$31.99 (P)

The revised and expanded second edition of Same-Sex Marriage and the Constitution makes the case that the Constitution has long protected the right to marry, and that this protection includes the right to marry a person of the same gender. No other book makes this argument. This book addresses other issues, such as why same-sex marriage is completely different, both practically and constitutionally, from polygamy and incest, and it debunks the myth that pro–same-sex marriage decisions have created a backlash against either gays and lesbians or the Democratic Party.


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; 4. The fundamental right to marry; 5. Same-sex marriage and the fundamental right to marry; 6. Should courts create new rights? 7. Identifying fundamental rights; 8. Democracy, neutrality, and the consistency of principle; 9. Principles and practicalities.


Review of previous edition:
"… this book is a welcome addition to the expanding literature on same-sex marriage …"
Common Law World Review

Review of previous edition:
"… it is scholarly and thorough. It honestly and vigourously addresses the arguments of its opponents. It brings reasoned arguments … It treats both sides with respect and takes seriously their arguments."
INTAMS Journal for the Study of Marriage and Spirituality

Review of previous edition:
"[Gerstmann] asks (and answers) the questions that everyone wants to know and many of us are afraid to tackle."
Lambda Book Report

Review of previous edition:
"… a well-organized, extremely articulate, and fearlessly logical analysis of the foundations of laws against same-sex marriage …"
Perspectives on Political Science

Review of previous edition:
"Evan Gerstmann has here presented a carefully crafted, highly nuanced, and important argument about same-sex marriage. His conclusion will be controversial, but in the best sense: people will be forced to reckon with his powerful argument."
H. N. Hirsch, MacAlester College, Minnesota

Review of previous edition:
"This book does the best job I have seen in relating the constitutional law and theory of equal protection and the implied fundamental right of privacy to the politics of whether the Supreme Court should decide the important question of the right to same-sex marriage. This well-written, sensitive, and original book will be of invaluable use in undergraduate and law school classrooms. Evan Gerstmann demonstrates the tautological nature of arguments against gay marriage, while still being respectful to alternative arguments such as Sunstein's call for Supreme Court minimalism on this matter."
Ronald Kahn, Oberlin College, Ohio

Review of previous edition:
"Gerstmann has developed a vitally important work in the ongoing legal debate over same-sex marriage. He presents an insightful framework for the Court's recognition of fundamental rights more generally - an area of constitutional interpretation that he terms a 'shambles' at present - and makes a strong argument that principle, rather than the potential of a backlash against an unpopular Court decision, should guide jurists. Highly recommended."

Review of previous edition:
"Reading Evan Gerstmann's book bolsters my hope that someday justice will come to same-sex couples."
Kenneth Sherrill, Political Science Quarterly

Review of previous edition:
"Evan Gerstmann has now produced a forceful and tough-minded brief for the result that Scialia dreads. Careful, interesting [and] worthwhile."
New Republic

Review of previous edition:
"In Same-Sex Marriage and the Constitution, Evan Gerstmann once again applies his considerable analytical scalpel to an issue of constitutional and moral importance. Showing due regard for competing normative and legal arguments, Gerstmann exposes the weaknesses in existing positions on both sides of the debate. He then presents an illuminating and convincing case on behalf of same-sex marriage rights based on a conception of equal protection that is applicable to all citizens, regardless of their sexual orientation. The book will enlighten not only those concerned with the issue of same-sex marriage, but also those interested in jurisprudence, constitutional law, and the relationship between constitutional law and citizenship. Gerstmann's innovative approach points us toward a more productive understanding of equal protection."
Donald A. Downs, University of Wisconsin, Madison

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