Same-sex marriage and the Constitution / Evan Gerstmann.

Includes bibliographical references (pages 215-225) and index.

Reason and prejudice : is the heterosexual monopoly on marriage rational? -- Looking for stricter scrutiny : sexism, heterosexism, and class-based equal protection -- The fundamental right to marry -- Same-sex marriage and the fundamental right to marry -- Should courts create new rights? -- Identifying fundamental rights -- Democracy, neutrality, and consistency of principle -- Principles and practicalities.

Print version record.

Following the widely reviewed success of the first edition, the updated and expanded second edition of Same-Sex Marriage and the Constitution argues that there is a long-standing constitutional protection of the right to marry that applies to same-sex couples. Balancing strong advocacy of this position with respectful engagement with those who oppose same-sex marriage, Evan Gerstmann concludes not only that the Constitution protects same-sex marriage but that it is the proper role of the courts to enforce this right. The book also takes on many of the same-sex marriage myths: that it will lead down that 'slippery slope' to such things as polygamy, that same-sex marriage has been a political albatross for liberals and progressives, and that courts are 'usurping' the democratic process. Without overheated rhetoric or legal jargon, Gerstmann makes the case for same-sex marriage as a constitutional guarantee.

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