What Obergefell V. Hodges Should Have Said

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Publisher : Yale University Press
ISBN 13 : 030022155X
Total Pages : 396 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis What Obergefell V. Hodges Should Have Said by : Jack M. Balkin

Download or read book What Obergefell V. Hodges Should Have Said written by Jack M. Balkin and published by Yale University Press. This book was released on 2021-01-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rewriting the Supreme Court's landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how--through legal imagination and political struggle--arguments once dismissed as "off-the-wall" can later become established in American constitutional law.

Marriage Equality

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Publisher : Yale University Press
ISBN 13 : 0300221819
Total Pages : 1041 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Marriage Equality by : William N. Eskridge, Jr.

Download or read book Marriage Equality written by William N. Eskridge, Jr. 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.

Love Wins

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Publisher : HarperCollins
ISBN 13 : 0062456091
Total Pages : 228 pages
Book Rating : 4.0/5 (624 download)

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Book Synopsis Love Wins by : Debbie Cenziper

Download or read book Love Wins written by Debbie Cenziper and published by HarperCollins. This book was released on 2016-06-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fascinating and very moving story of the lovers, lawyers, judges and activists behind the groundbreaking Supreme Court case that led to one of the most important, national civil rights victories in decades—the legalization of same-sex marriage. In June 2015, the Supreme Court made same-sex marriage the law in all fifty states in a decision as groundbreaking as Roe v Wade and Brown v Board of Education. Through insider accounts and access to key players, this definitive account reveals the dramatic and previously unreported events behind Obergefell v Hodges and the lives at its center. This is a story of law and love—and a promise made to a dying man who wanted to know how he would be remembered. Twenty years ago, Jim Obergefell and John Arthur fell in love in Cincinnati, Ohio, a place where gays were routinely picked up by police and fired from their jobs. In 2013, the Supreme Court ruled that the federal government had to provide married gay couples all the benefits offered to straight couples. Jim and John—who was dying from ALS—flew to Maryland, where same-sex marriage was legal. But back home, Ohio refused to recognize their union, or even list Jim’s name on John’s death certificate. Then they met Al Gerhardstein, a courageous attorney who had spent nearly three decades advocating for civil rights and who now saw an opening for the cause that few others had before him. This forceful and deeply affecting narrative—Part Erin Brockovich, part Milk, part Still Alice—chronicles how this grieving man and his lawyer, against overwhelming odds, introduced the most important gay rights case in U.S. history. It is an urgent and unforgettable account that will inspire readers for many years to come.

The Engagement

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Publisher : Pantheon
ISBN 13 : 1524748730
Total Pages : 929 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis The Engagement by : Sasha Issenberg

Download or read book The Engagement written by Sasha Issenberg and published by Pantheon. This book was released on 2021 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: The riveting story of the fight for same-sex marriage in the United States--the most important civil rights breakthrough of the new millennium. On June 26, 2015, the United States Supreme Court ruled that state bans on gay marriage were unconstitutional, making same-sex unions legal throughout the United States. But the road to victory was much longer than many know. In this seminal work, Sasha Issenberg takes us back to Hawaii in the 1990s, when that state's supreme court first started grappling with the issue, and traces the fight for marriage equality from the enactment of the Defense of Marriage Act in 1996 to the Goodridge decision that made Massachusetts the first state to legalize same-sex marriage, and finally to the seminal Supreme Court decisions of Windsor and Obergefell. This meticulously reported work sheds new light on every aspect of this fraught history and brings to life the perspectives of those who fought courageously for the right to marry as well as those who fervently believed that same-sex marriage would destroy the nation. It is sure to become the definitive book on one of the most important civil rights fights of our time.

Truth Overruled

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Publisher : Simon and Schuster
ISBN 13 : 1621574598
Total Pages : 184 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis Truth Overruled by : Ryan T. Anderson

Download or read book Truth Overruled written by Ryan T. Anderson and published by Simon and Schuster. This book was released on 2015-07-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Every leader in America needs to read this book! It's by far the best summary of what's at stake." —Rick Warren The Supreme Court has issued a decision, but that doesn't end the debate. Now that the Supreme Court has ruled, Americans face momentous debates about the nature of marriage and religious liberty. Because the Court has redefined marriage in all 50 states, we have to energetically protect our freedom to live according to conscience and faith as we work to rebuild a strong marriage culture. In the first book to respond to the Supreme Court's decision on same-sex marriage, Ryan Anderson draws on the best philosophy and social science to explain what marriage is, why it matters for public policy, and the consequences of its legal redefinition. Attacks on religious liberty--predicated on the bogus equation of opposition to same-sex marriage with racism--have already begun, and modest efforts in Indiana and other states to protect believers' rights have met with hysterics from media and corporate elites. Anderson tells the stories of innocent citizens who have been coerced and penalized by the government and offers a strategy to protect the natural right of religious liberty. Anderson reports on the latest research on same-sex parenting, filling it out with the testimony of children raised by gays and lesbians. He closes with a comprehensive roadmap on how to rebuild a culture of marriage, with work to be done by everyone. The nation's leading defender of marriage in the media and on university campuses, Ryan Anderson has produced the must-read manual on where to go from here. There are reasonable and compelling arguments for the truth about marriage, but too many of our neighbors haven't heard them. Truth is never on "the wrong side of history," but we have to make the case. We will decide which side of history we are on.

Constitutional Courts, Gay Rights and Sexual Orientation Equality

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256431
Total Pages : 313 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constitutional Courts, Gay Rights and Sexual Orientation Equality by : Angioletta Sperti

Download or read book Constitutional Courts, Gay Rights and Sexual Orientation Equality written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Wedlocked

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Publisher : NYU Press
ISBN 13 : 1479815748
Total Pages : 287 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Wedlocked by : Katherine Franke

Download or read book Wedlocked written by Katherine Franke and published by NYU Press. This book was released on 2015-11-06 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares today’s same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize. Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves’ involvements with marriage and draws lessons that serve as cautionary tales for today’s marriage rights movements. While “be careful what you wish for” is a prominent theme, they also teach us how the rights-bearing subject is inevitably shaped by the very rights they bear, often in ways that reinforce racialized gender norms and stereotypes. Franke further illuminates how the racialization of same-sex marriage has redounded to the benefit of the gay rights movement while contributing to the ongoing subordination of people of color and the diminishing reproductive rights of women. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free.

Speak Now

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Publisher : Crown
ISBN 13 : 0385348800
Total Pages : 386 pages
Book Rating : 4.3/5 (853 download)

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Book Synopsis Speak Now by : Kenji Yoshino

Download or read book Speak Now written by Kenji Yoshino and published by Crown. This book was released on 2015 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate"--Dust jacket flap.

Before I Do

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Publisher : New Press, The
ISBN 13 : 1620971550
Total Pages : 198 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Before I Do by : Elizabeth F. Schwartz

Download or read book Before I Do written by Elizabeth F. Schwartz and published by New Press, The. This book was released on 2012-10-02 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to marriage—perks, consequences, and everything in between—aimed at the LGBTQ+ community, from a leading gay rights lawyer. Not long ago, same-sex couples had to jump through endless hoops to make their relationships even close to legal. Happily, those days are over. But here’s the rub: many gay and lesbian couples, accustomed to living off-grid, are so thrilled to have the benefits of marriage that they jump into it without fully considering the consequences. In Before I Do, leading gay rights attorney Elizabeth F. Schwartz spells out the range of practical considerations any couple should address before tying the knot. She explains the rights married couples have—and those they do not. With cameos from some of the most prominent LGBTQ+ professionals, Schwartz explores all of the implications of marriage from name changes and getting a license to taxes, insurance, Social Security, and much more. Chapters on estate planning, pre- and post-nuptial agreements, and organizing finances make Before I Do a crucial handbook for anyone considering marriage—because, as Schwartz explains, just because you can get married does not mean you should. “During my thirty years of covering the gay beat for the Miami Herald, never did I imagine the need for a marriage guide for LGBT couples. Yet today nothing is more urgent. Before I Do guides all couples, gay and otherwise, about the responsibilities of marriage. Ignore it at your peril.” —Steve Rothaus, The Miami Herald

What Is Marriage?

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Author :
Publisher : Encounter Books
ISBN 13 : 1641771488
Total Pages : 154 pages
Book Rating : 4.6/5 (417 download)

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Book Synopsis What Is Marriage? by : Sherif Girgis

Download or read book What Is Marriage? written by Sherif Girgis and published by Encounter Books. This book was released on 2020-07-21 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until very recently, no society had seen marriage as anything other than a conjugal partnership: a male–female union. What Is Marriage? identifies and defends the reasons for this historic consensus and shows why redefining civil marriage as something other than the conjugal union of husband and wife is a mistake. Originally published in the Harvard Journal of Law and Public Policy, this book’s core argument quickly became the year’s most widely read essay on the most prominent scholarly network in the social sciences. Since then, it has been cited and debated by scholars and activists throughout the world as the most formidable defense of the tradition ever written. Now revamped, expanded, and vastly enhanced, What Is Marriage? stands poised to meet its moment as few books of this generation have. Sherif Girgis, Ryan T. Anderson, and Robert P. George offer a devastating critique of the idea that equality requires redefining marriage. They show why both sides must first answer the question of what marriage really is. They defend the principle that marriage, as a comprehensive union of mind and body ordered to family life, unites a man and a woman as husband and wife, and they document the social value of applying this principle in law. Most compellingly, they show that those who embrace same-sex civil marriage leave no firm ground—none—for not recognizing every relationship describable in polite English, including polyamorous sexual unions, and that enshrining their view would further erode the norms of marriage, and hence the common good. Finally, What Is Marriage? decisively answers common objections: that the historic view is rooted in bigotry, like laws forbidding interracial marriage; that it is callous to people’s needs; that it can’t show the harm of recognizing same-sex couplings or the point of recognizing infertile ones; and that it treats a mere “social construct” as if it were natural or an unreasoned religious view as if it were rational.

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.

What Comes Naturally

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Publisher :
ISBN 13 : 0195094638
Total Pages : 417 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis What Comes Naturally by : Peggy Pascoe

Download or read book What Comes Naturally written by Peggy Pascoe and published by . This book was released on 2009 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A long-awaited history that promises to dramatically change our understanding of race in America, What Comes Naturally traces the origins, spread, and demise of miscegenation laws in the United States--laws that banned interracial marriage and sex, most often between whites and members of other races. Peggy Pascoe demonstrates how these laws were enacted and applied not just in the South but throughout most of the country, in the West, the North, and the Midwest. Beginning in the Reconstruction era, when the term miscegenation first was coined, she traces the creation of a racial hierarchy that bolstered white supremacy and banned the marriage of Whites to Chinese, Japanese, Filipinos, and American Indians as well as the marriage of Whites to Blacks. She ends not simply with the landmark 1967 case of Loving v. Virginia, in which the Supreme Court finally struck down miscegenation laws throughout the country, but looks at the implications of ideas of colorblindness that replaced them. What Comes Naturally is both accessible to the general reader and informative to the specialist, a rare feat for an original work of history based on archival research.

Gay, Catholic, and American

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Publisher : University of Notre Dame Pess
ISBN 13 : 0268201250
Total Pages : 330 pages
Book Rating : 4.2/5 (682 download)

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Book Synopsis Gay, Catholic, and American by : Greg Bourke

Download or read book Gay, Catholic, and American written by Greg Bourke and published by University of Notre Dame Pess. This book was released on 2021-09-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Catholic Greg Bourke's profoundly moving memoir about growing up gay and overcoming discrimination in the battle for same-sex marriage in the US. In this compelling and deeply affecting memoir, Greg Bourke recounts growing up in Louisville, Kentucky, and living as a gay Catholic. The book describes Bourke’s early struggles for acceptance as an out gay man living in the South during the 1980s and ’90s, his unplanned transformation into an outspoken gay rights activist after being dismissed as a troop leader from the Boy Scouts of America in 2012, and his historic role as one of the named plaintiffs in the landmark United States Supreme Court decision Obergefell vs. Hodges, which legalized same-sex marriage nationwide in 2015. After being ousted by the Boy Scouts of America (BSA), former Scoutmaster Bourke became a leader in the movement to amend antigay BSA membership policies. The Archdiocese of Louisville, because of its vigorous opposition to marriage equality, blocked Bourke’s return to leadership despite his impeccable long-term record as a distinguished boy scout leader. But while making their home in Louisville, Bourke and his husband, Michael De Leon, have been active members at Our Lady of Lourdes Catholic Church for more than three decades, and their family includes two adopted children who attended Lourdes school and were brought up in the faith. Over many years and challenges, this couple has managed to navigate the choppy waters of being openly gay while integrating into the fabric of their parish life community. Bourke is unapologetically Catholic, and his faith provides the framework for this inspiring story of how the Bourke De Leon family struggled to overcome antigay discrimination by both the BSA and the Catholic Church and fought to legalize same-sex marriage across the country. Gay, Catholic, and American is an illuminating account that anyone, no matter their ideological orientation, can read for insight. It will appeal to those interested in civil rights, Catholic social justice, and LGBTQ inclusion.

The Fight for Marriage

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Publisher : Abingdon Press
ISBN 13 : 1501858947
Total Pages : 126 pages
Book Rating : 4.5/5 (18 download)

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Book Synopsis The Fight for Marriage by : Phillip F. Cramer

Download or read book The Fight for Marriage written by Phillip F. Cramer and published by Abingdon Press. This book was released on 2018-03-26 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: For leaders in governments and in churches, marriage equality is the most contentious civil-rights dispute in the 21st century. During an era where nearly half of all marriages end in divorce, same-gender couples now have the federal civil right to marry, too. At a time when 62 percent of Americans approve of same-gender marriage, according to June 2017 Pew Research, churches are having to come to terms with whether to recognize and affirm these faithful partnerships as sacred covenants. Attorneys Harbison and Cramer, faithful and active members of a United Methodist congregation, brought one of the cases to the US Supreme Court, which resulted in the 2015 landmark decision that permits persons of the same gender to marry. They bring a unique legal and cultural perspective to the controversy. For the three couples Harbison and Cramer represented, marriage is not an "issue" to be resolved. Marriage is rather a sign for these couples of their faithful promise to love each other until they depart this life. "Each couple married for several reasons, including their commitment to love and support one another, to demonstrate their mutual commitment to their family, friends, and colleagues, and to show others that they should be treated as a family. They also married to make a legally binding mutual commitment, to join their resources together in a legal unit, and to be treated by others as a legal family unit, rather than as legally unrelated individuals. Finally, each couple married so that they could access the legal responsibilities of marriage to protect themselves and their families, just as heterosexual couples do." Aleta A. Trauger, Federal Judge With a first-hand account of the respectful courtroom drama concerning marriage in American communities and states, Harbison and Cramer show why states care about marriage, why the church got involved in marriage more than a thousand years after Jesus's earthly ministry, and how the church and the state function in partnership to foster the purposes and social benefits of marriage. From the Faultlines collection, resources intended to inform conversations around human sexuality and the church.

Religious Exemptions

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Publisher : Oxford University Press
ISBN 13 : 0190666188
Total Pages : 329 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Religious Exemptions by : Kevin Vallier

Download or read book Religious Exemptions written by Kevin Vallier and published by Oxford University Press. This book was released on 2018 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

Same-Sex Marriage and the Constitution

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521709132
Total Pages : 248 pages
Book Rating : 4.7/5 (91 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 2008-02-25 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The revised and expanded second edition of Same-Sex Marriage and the Constitution makes the case that the Constitution has long protected the right to marry, and that this protection includes the right to marry a person of the same gender. No other book makes this argument. This book addresses other issues, such as why same-sex marriage is completely different, both practically and constitutionally, from polygamy and incest, and it debunks the myth that pro-same-sex marriage decisions have created a backlash against either gays and lesbians or the Democratic Party.

Accidental Activists

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Publisher : University of North Texas Press
ISBN 13 : 1574417037
Total Pages : 447 pages
Book Rating : 4.5/5 (744 download)

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Book Synopsis Accidental Activists by : David Collins

Download or read book Accidental Activists written by David Collins and published by University of North Texas Press. This book was released on 2017-08-15 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: In early 2013 same-sex marriage was legal in only ten states and the District of Columbia. That year the Supreme Court’s decision in United States v. Windsor appeared to open the door to marriage equality. In Texas, Mark Phariss and Vic Holmes, together for sixteen years and deeply in love, wondered why no one had stepped across the threshold to challenge their state’s 2005 constitutional amendment prohibiting same-sex marriage. They agreed to join a lawsuit being put together by Akin Gump Strauss Hauer & Feld LLD. Two years later—after tense battles in the Federal District Court for the Western District of Texas and in the Fifth Circuit Court of Appeals, after sitting through oral arguments at the Supreme Court of the United States in Obergefell v. Hodges—they won the right to marry deep in the heart of Texas. But the road they traveled was never easy. Accidental Activists is the deeply moving story of two men who struggled to achieve the dignity of which Justice Anthony Kennedy spoke in a series of Supreme Court decisions that recognized the “personhood,” the essential humanity of gays and lesbians. Author David Collins tells Mark and Vic’s story in the context of legal and social history and explains the complex legal issues and developments surrounding same-sex marriage in layman’s terms.