Miscegenation Prohibitions: Natural and Positive Law Confronts Same Sex Marriage

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Author :
Publisher : Sharp Industries - www.sharpindustries.us
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4./5 ( download)

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Book Synopsis Miscegenation Prohibitions: Natural and Positive Law Confronts Same Sex Marriage by : Richard W. Sharp, Jr.

Download or read book Miscegenation Prohibitions: Natural and Positive Law Confronts Same Sex Marriage written by Richard W. Sharp, Jr. and published by Sharp Industries - www.sharpindustries.us. This book was released on 2014-02-22 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prohibitions against miscegenation can be referenced back to the colonial times in American history and first appear in the Virginia colony. As history progressed, so did miscegenation prohibitions with approximately forty states. While twenty three states have repealed their state statutes in favor of miscegenation marriage, seventeen states hold steadfast to their miscegenation statutes.Constitutional provisions in six of those seventeen states either forbid the passage of laws validating miscegenation marriages, or making them not legally valid (void ab initio). Some states have expanded their statute general provisions to include other ethnic groups other than the Caucasians and African-Americans.This form of marital prohibition was challenged in McLaughlin v. Florida 379 U.S. 184 (1964), and Loving v. Virginia, 388 U.S. 1 (1967), and ended miscegenation marriage restrictions by overturning Pace v. Alabama, 106 U.S. 583 (1883) declared Alabama’s miscegenation state statute in violation to the U.S. Constitution, in which later assisted with Goodridge v. Department of Public Health, 440 Mass. 309 (2003) and the right for “same-sex marriage”.

Andrea and Sylvester

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Publisher : Algora Publishing
ISBN 13 : 1628941618
Total Pages : 294 pages
Book Rating : 4.6/5 (289 download)

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Book Synopsis Andrea and Sylvester by : Robert V. Dodge

Download or read book Andrea and Sylvester written by Robert V. Dodge and published by Algora Publishing. This book was released on 2015-10-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1941 a young couple met and fell in love; but one of them was considered Black while the other was considered White. Laws against intermarriage between races had been upheld by every court in the United States since Reconstruction, after the Civil War. Andrea and Sylvester - a Mexican-American woman and an African-American man - challenged these laws and won, and their success inspired changes that ended that taboo. When same-sex marriage became a pressing issue, their case was the precedent that first persuaded the courts to allow it. Thus Andrea and Sylvester can be credited with successfully challenging a second marriage taboo. Dodge sets the scene for their personal drama and traces how their example helped establish the momentum toward more liberal marriage laws throughout the United States, culminating with the 2015 Supreme Court's decision to allow same-sex marriage. This is the story of a couple that has received too little attention for the impact they have had on society and law. Andrea, a Mexican girl, met Sylvester, a Black man, working on an assembly line during World War Two. Both were second-generation Los Angeles residents who suffered from discrimination in a city dominated by white superiority and the center of the eugenics movement. This book discusses their case and factors that led to the court decision. Their victory broke the logjam on racial intermarriage, and states began eliminating their prohibitions. After 19 years, the U.S. Supreme Court declared all laws prohibiting interracial marriage invalid. Andrea and Sylvester were soon dating and in love. When they went to get a marriage license, their application was rejected. A quirk in California law declared Mexicans "White" for certain purposes. They challenged the constitutionality of laws preventing marriages between races, though no case had been successful since the 1800s. This book discusses their case and factors that led to the court decision. Their victory broke the logjam on racial intermarriage, and states began eliminating their prohibitions. After 19 years the U.S. Supreme Court declared all laws prohibiting interracial marriage invalid. After the Stonewall riots and when AIDS raised legal questions for many partners, same-sex marriage became an issue for more couples. One response that states commonly gave was to pass laws defining marriage as a contract between a woman and a man; and the federal government adopted this position. Opponents of same-sex marriage frequently said this was a new phenomenon and it involved "unnatural" behavior, though same-sex couples have been known for over 4000 years, and the same had been said of those who advocated interracial marriage. Some blamed natural disasters and war deaths on homosexuals as God’s revenge. Massachusetts was first to declare the law preventing same-sex marriage unconstitutional and the precedent relied on most heavily was the case of Andrea and Sylvester, as their past was revived to challenge a second marriage taboo. California ruled next and again frequently called on Andrea and Sylvester’s case for support. That got things rolling and 37 states have approved same-sex marriage through legislative action or court decision. The US Supreme Court’s decision will determine whether the final 13 also are included. T

Legally Wed

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Publisher : Cornell University Press
ISBN 13 : 1501717723
Total Pages : 254 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Legally Wed by : Mark Strasser

Download or read book Legally Wed written by Mark Strasser and published by Cornell University Press. This book was released on 2018-05-31 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision. Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant. The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions—that marriage exists to provide a setting for the production and raising of children—is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.

Same-Sex Marriage and Children

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Publisher : Oxford University Press
ISBN 13 : 0190628596
Total Pages : 185 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Same-Sex Marriage and Children by : Carlos A. Ball

Download or read book Same-Sex Marriage and Children written by Carlos A. Ball and published by Oxford University Press. This book was released on 2016 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that reached the Supreme Court and explains why the constitutionality of same-sex marriage bans could not be defended on the basis that maintaining marriage as an exclusively heterosexual institution promoted the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.

The Challenge of Same-Sex Marriage

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Author :
Publisher : Praeger
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Challenge of Same-Sex Marriage by : Mark Strasser

Download or read book The Challenge of Same-Sex Marriage written by Mark Strasser and published by Praeger. This book was released on 1999-09-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the constitutional dimensions of the same-sex marriage referenda in Hawaii and Alaska, and discusses the limited conditions under which the US constitution allows states to refuse recognition of same-sex marriages validly celebrated in a sister state.

The New Natural Law Theory and the Question of Same-sex Marriage

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Publisher :
ISBN 13 :
Total Pages : 510 pages
Book Rating : 4.:/5 (533 download)

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Book Synopsis The New Natural Law Theory and the Question of Same-sex Marriage by : Anthony Emile Giampietro

Download or read book The New Natural Law Theory and the Question of Same-sex Marriage written by Anthony Emile Giampietro and published by . This book was released on 2002 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Same-Sex Marriage and the Constitution

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Publisher : Cambridge University Press
ISBN 13 : 9780521009522
Total Pages : 240 pages
Book Rating : 4.0/5 (95 download)

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Book Synopsis Same-Sex Marriage and the Constitution by : Evan Gerstmann

Download or read book Same-Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2004 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather that the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality.

Same Sex, Different States

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Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Same Sex, Different States by : Andrew Koppelman

Download or read book Same Sex, Different States written by Andrew Koppelman and published by . This book was released on 2006 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Must a state that bans same-sex marriage recognize such a marriage performed in another state? This has become a burning question in American politics, leading some to demand constitutional amendments against same-sex marriage. Yet almost everything written about the issue is wrong. Now, for the first time, Andrew Koppelman offers a clear explanation of the relevant law." "Koppelman explains that despite deep moral divisions regarding same-sex marriage, existing legal precedents can help us navigate this thorny landscape. States once had to cope with strong moral disagreements about marriages between kin, marriages involving the very young, and interracial marriages. Previous solutions shed light on today's problems."--BOOK JACKET.

Same-Sex Marriage and the Constitution

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Publisher : Cambridge University Press
ISBN 13 : 1316802760
Total Pages : 239 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Same-Sex Marriage and the Constitution by : Evan Gerstmann

Download or read book Same-Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2017-06-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

Defending a Higher Law

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Publisher : Foundation for a Christian
ISBN 13 : 9781877905339
Total Pages : 211 pages
Book Rating : 4.9/5 (53 download)

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Book Synopsis Defending a Higher Law by : TFP Committee on American Issues

Download or read book Defending a Higher Law written by TFP Committee on American Issues and published by Foundation for a Christian. This book was released on 2004-01-01 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the same-sex "marriage" debate heating up all across the country, the American Society for the Defense of Tradition, Family and Property (TFP) is entering into the cultural fray with a compelling new book which clearly spells out why pro-famly America must react. The new TFP work is titled Defending a Higher Law: Why We Must Resist Same-Sex "Marriage" and the Homosexual Movement. Written by TFP's Committee on American Issues, the 212-page book is a much needed defense of traditional marriage based on Catholic tradition and natural law. It is a powerful and incisive attack on the myths buttressing homosexual agenda.

Marriage Equality

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Publisher : Yale University Press
ISBN 13 : 0300255748
Total Pages : 1041 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Marriage Equality by : William N. Eskridge

Download or read book Marriage Equality written by William N. Eskridge and published by Yale University Press. This book was released on 2020-08-18 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . .An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same†‘sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one†‘sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.

Same-sex Marriage

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Author :
Publisher : Contemporary Issues (Prometheu
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Same-sex Marriage by : Robert M. Baird

Download or read book Same-sex Marriage written by Robert M. Baird and published by Contemporary Issues (Prometheu. This book was released on 2004 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of same-sex marriage has attracted the attention of the nation and has become one of the most heated social controversies. This completely revised and updated second edition of "Same-Sex Marriage" presents a balanced selection of the latest, the most diverse, and the most clearly argued positions advocated by academics, politicians, journalists, attorneys, judges, and activists.

Same-Sex Marriage Bans and Federal Tax Issues in the Aftermath of United States V. Windsor

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Publisher :
ISBN 13 : 9781634638449
Total Pages : 0 pages
Book Rating : 4.6/5 (384 download)

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Book Synopsis Same-Sex Marriage Bans and Federal Tax Issues in the Aftermath of United States V. Windsor by : Maxine Dunn

Download or read book Same-Sex Marriage Bans and Federal Tax Issues in the Aftermath of United States V. Windsor written by Maxine Dunn and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recognition of same-sex marriage generates debate on both the federal and state levels. Either legislatively or judicially, same-sex marriage is legal in more than a dozen states and the District of Columbia. Conversely, many states have statutory or constitutional prohibitions against same-sex marriage. Courts are beginning to address the constitutionality of these "defense of marriage" laws using equal protection and due process analysis. In United States v. Windsor, the U.S. Supreme Court struck down the federal ban on benefits for legally married same-sex couples. However, the Court indicated that it was taking no position on a state's authority to forbid same-sex marriages. Lower courts have interpreted Windsor broadly and have found such bans to violate equal protection and due process principles. This book discusses same-sex marriage bans and federal tax issues in the aftermath of United States v. Windsor.

The Case for Same-sex Marriage

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Publisher :
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.X/5 (2 download)

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Book Synopsis The Case for Same-sex Marriage by : William N. Eskridge

Download or read book The Case for Same-sex Marriage written by William N. Eskridge and published by . This book was released on 1996 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.

Same-Sex Marriage and Religious Liberty

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Publisher : Rowman & Littlefield
ISBN 13 : 0742565645
Total Pages : 284 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis Same-Sex Marriage and Religious Liberty by : Douglas Laycock

Download or read book Same-Sex Marriage and Religious Liberty written by Douglas Laycock and published by Rowman & Littlefield. This book was released on 2023-06-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise in many spheres of law as a result of the legal recognition of same-sex marriage.

Same-Sex Marriage and American Constitutionalism

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Publisher : Paul Dry Books
ISBN 13 : 1589881028
Total Pages : 174 pages
Book Rating : 4.5/5 (898 download)

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Book Synopsis Same-Sex Marriage and American Constitutionalism by : Murray Dry

Download or read book Same-Sex Marriage and American Constitutionalism written by Murray Dry and published by Paul Dry Books. This book was released on 2017-12-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two-decades-long controversy over same-sex marriage in the United States was finally resolved on June 26, 2015, when the U.S. Supreme Court handed down its decision in Obergefell v. Hodges, which held that the Fourteenth Amendment’s Due Process and Equal Protection Clauses required states to allow same-sex couples to marry on the same terms as opposite-sex couples. Under our American system of government, divisive and often abiding disputes may be resolved either through legislation or judicial decisions. In Same-Sex Marriage and American Constitutionalism, Murray Dry explains why the process by which Americans arrive at these resolutions can be as important as the substance of the resolutions themselves. By taking up the question of same-sex marriage, Dry excavates the bases of why and how Americans decide as we do (and as we have done when major questions arose in the past; think: school integration, abortion, gun control, and campaign finance). As Professor Dry retraces the path that same-sex marriage took as it wended its way through the political (that is, the legislative) process and through the court system, he finds a vivid framework for the question, “Who should decide?” It’s a question often overlooked, but one that Dry believes should not be. He argues convincingly that it does matter whether the Supreme Court or the legislature makes the final decision—so that court-mandated law does not threaten democratic representative government, and so that legislation does not trample on fundamental constitutional rights.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

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Publisher : Liveright Publishing
ISBN 13 : 1631493655
Total Pages : 935 pages
Book Rating : 4.6/5 (314 download)

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Book Synopsis Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century by : Geoffrey R. Stone

Download or read book Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century written by Geoffrey R. Stone and published by Liveright Publishing. This book was released on 2017-03-21 with total page 935 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.