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.
By:
Mark Strasser
Imprint: Praeger Publishers Inc
Country of Publication: United States
Dimensions:
Height: 235mm,
Width: 156mm,
Spine: 22mm
Weight: 463g
ISBN: 9780275977610
ISBN 10: 0275977617
Pages: 208
Publication Date: 30 October 2002
Recommended Age: From 7 to 17 years
Audience:
College/higher education
,
Professional and scholarly
,
Professional & Vocational
,
A / AS level
,
Further / Higher Education
Format: Hardback
Publisher's Status: Active
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
MARK STRASSER is Trustees Professor of Law, Capital University Law School, Columbus, Ohio. He is the co-editor of Same-Sex Marriages: A Debate (Praeger, 2003), The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections (Praeger, 1999), and Legally Wed: Same-Sex Marriage and the Constitution (1997).