On Same-Sex Marriage, Civil Unions, and the Rule of Law

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  • On Same-Sex Marriage, Civil Unions, and the Rule of Law Book Detail

  • Author : Mark Strasser
  • Release Date : 2002-10-30
  • Publisher : Bloomsbury Publishing USA
  • Genre : Law
  • Pages : 208
  • ISBN 13 : 031301423X
  • File Size : 15,15 MB

On Same-Sex Marriage, Civil Unions, and the Rule of Law by Mark Strasser PDF Summary

Book 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.

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