Cover image for On same-sex marriage, Civil unions, and the rule of law : Constitutional interpretation at the crossroads
On same-sex marriage, Civil unions, and the rule of law : Constitutional interpretation at the crossroads
Strasser, Mark Philip, 1955-
Publication Information:
Westport, Conn. : Praeger, 2002.
Physical Description:
xiii, 194 pages ; 25 cm.
Format :


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Material Type
Home Location
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KF539 .S769 2002 Adult Non-Fiction Non-Fiction Area

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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.

Author Notes

Mark Strasser is Trustees Professor of Law, Capital University Law School, Columbus, Ohio.

Table of Contents

Acknowledgmentsp. vii
Introductionp. ix
1. Vermont's Creation of Civil Unionsp. 1
2. When Are Benefits Equal?p. 23
3. Civil Unions and Parental Statusp. 39
4. The Right to Travelp. 55
5. Retroactivity and the Hawaii Referendump. 75
6. Toleration and Same-Sex Relationshipsp. 99
7. Marriage, Religion, and Free Exercisep. 115
8. Understanding Loving and Equal Protection Guaranteesp. 133
9. Threats to the Right to Privacyp. 151
Bibliographyp. 175
Indexp. 191