Book contents
- Frontmatter
- Contents
- Acknowledgments
- Preface to the Second Edition
- 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 CONSTITUTIONAL RIGHT
- PART III RIGHTS AND EQUALITY
- PART IV RIGHTS IN A DEMOCRATIC SOCIETY
- Bibliography
- Index
1 - Introduction
Published online by Cambridge University Press: 05 September 2012
- Frontmatter
- Contents
- Acknowledgments
- Preface to the Second Edition
- 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 CONSTITUTIONAL RIGHT
- PART III RIGHTS AND EQUALITY
- PART IV RIGHTS IN A DEMOCRATIC SOCIETY
- Bibliography
- Index
Summary
This book is about same-sex marriage as a fundamental constitutional right. It is also about the role of law and courts in society and what our society's promise of equal protection of the law really means. Same-sex marriage is one of the most important constitutional issues facing America today. To some that might seem an overstatement in these days of concern over terrorism, civil liberties, and other pressing issues. But same-sex marriage is one of the issues that most directly challenge our commitment to genuine legal equality. Although people disagree about the specifics, there is broad agreement within the American legal and academic communities that all persons should have the same legal rights regardless of their race, ethnicity, national origin, gender, or religion. But when the subject turns to gays and lesbians, many people grow more confused and hesitant. Is being gay or lesbian really the same as being a racial or ethnic or religious minority? Are sexual orientation and gender really comparable? Are gays and lesbians seeking special rights rather than equal rights? Are they seeking more than toleration and demanding governmental endorsement of homosexuality? These questions trouble many people who are genuinely committed to legal equality for all persons.
Moving Past “Gay Rights”
This book argues that we must leave behind the debate over “gay rights” and move on to the far more productive and illuminating question of what legal rights all people in America share and what the contours of those rights should be.
- Type
- Chapter
- Information
- Same-Sex Marriage and the Constitution , pp. 3 - 13Publisher: Cambridge University PressPrint publication year: 2008