American constitutionalism, marriage, and the family : Obergefell v. Hodges and U.S. v. Windsor in context edited by Patrick N. Cain and David Ramsey

Format:

Book

Contributor:

Cain, Patrick N., 1979- editor.

Ramsey, David, 1979- editor.

Language:

English

Subjects (All):

Windsor, Edie--Trials, litigation, etc.

Windsor, Edie.

Obergefell, James--Trials, litigation, etc.

Obergefell, James.

United States. Defense of Marriage Act.

United States.

Same-sex marriage--Law and legislation--United States.

Same-sex marriage.

Marriage law--United States.

Marriage law.

Gay couples--Legal status, laws, etc--United States.

Gay couples.

Constitutional law--United States.

Constitutional law.

Physical Description:

viii, 231 pages ; 24 cm

Place of Publication:

Lanham, MD : Lexington Books, [2016]

Summary:

"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.

Contents:

Defending the Christian Idea of marriage today: the place of the personal logos / Peter Augustine Lawler

The household and the city in classical political philosophy and in John Witte, Jr.'s Account of history of the Western jurisprudence / Terence J. Kleven

The triumph of the right of intimate association / William C. Duncan

Free and happy bonds: Loving v. Virginia's nineteenth century precedent on marriage and the pursuit of happiness / Adam M. Carrington

On the marriage of Dred Scott / David Ramsey

Back to the future: Reynolds revisited and the structure of the American family / Martha Rice Martini

Sterilization, reproductive rights, and the Ninth Amendment / Lauren K. Hall

Limited government and the family: rival jurisprudential models / Mark A. Scully

Liberalism, the family, and the right to privacy: Griswold v. Connecticut and its progeny / Stephen A. Block

Obergefell v. Hodges and the privacy doctrine: liberty, autonomy, and the family, / Patrick N. Cain

Democracy in Justice Kennedy's America: reading Obergefell with Tocqueville / Susan McWilliams

Parenthood and procreation / Scott Yenor

Does the law and the constitution of the family have to change? / James R. Stoner, Jr.

Appendix: Cited Supreme Court cases.

Notes:

Includes bibliographical references (pages 219-223) and index.

Other Format:

Online version: American constitutionalism, marriage, and the family.

ISBN:

9781498528177

1498528171

9781498528184

149852818X

9781498528191

1498528198

OCLC:

935885191