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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.
Gay couples --- Same-sex marriage --- Legal status, laws, etc. --- Law and legislation --- Obergefell, James --- Obergefell, James. --- Trials, litigation, etc. --- United States.
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This volume will be among the first to examine the Supreme Court's rulings in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) in light of its earlier rulings while also incorporating several prominent accounts of marriage and the family from the history of political philosophy. Leading scholars expound the ways in which the Court's increasing affirmation of same-sex rights are related to its jurisprudence in other areas related to both marriage and the family.
Same-sex marriage --- Marriage law --- Gay couples --- Constitutional law --- Law and legislation --- Legal status, laws, etc. --- Windsor, Edie --- Obergefell, James --- United States.
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"This edited volume in American constitutionalism places the Supreme Court’s declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court’s developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court’s affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court’s recent marriage rulings both break with and derive from the competing principles of American Constitutionalism." -- publisher's website.
Same-sex marriage --- Marriage law --- Gay couples --- Constitutional law --- 347.62 <73> --- 347.62 <73> Huwelijksrecht. Huwelijksvoorwaarden. Huwelijksformaliteiten. Nietigheid, aanvechtbaarheid van het huwelijk. Rechten en plichten van echtgenoten--Verenigde Staten van Amerika. VSA. USA --- Huwelijksrecht. Huwelijksvoorwaarden. Huwelijksformaliteiten. Nietigheid, aanvechtbaarheid van het huwelijk. Rechten en plichten van echtgenoten--Verenigde Staten van Amerika. VSA. USA --- Law and legislation --- Legal status, laws, etc. --- Windsor, Edie --- Obergefell, James --- Windsor, Edith Schlain --- Schlain, Edith --- Trials, litigation, etc. --- United States. --- Sociology of the family. Sociology of sexuality --- Public law. Constitutional law --- United States --- Legal status, laws, etc --- United States of America
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