Full Description
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.
Contents
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
