Same-Sex Marriage and the Constitution

This book takes a careful second look at the issue of Constitutional rights and same-sex marriage. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, courts should settle this question rather that the voters in the face of public opposition.

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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.