Liberal constitutionalism, marriage, and sexual orientation : a contemporary case for dis-establishment / Gordon Albert Babst.

Format:

Book

Author/Creator:

Babst, Gordon Albert, 1961-

Series:

Teaching texts in law and politics ; v. 15

Language:

English

Subjects (All):

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

Same-sex marriage.

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

Gay people.

Marriage law--United States.

Marriage law.

Religion and law--United States.

Religion and law.

Constitutional law--Religious aspects.

Constitutional law.

Physical Description:

1 online resource (x, 155 p. )

Place of Publication:

New York : P. Lang, c2002.

Language Note:

English

Summary:

"Liberal Constitutionalism, Marriage, and Sexual Orientation: A Contemporary Case for Dis-Establishment uses constitutional theory and political philosophy to shed light on an elusive feature of American jurisprudence: the establishment of a sectarian preference in the law to the detriment of American citizens who happen to be gay or lesbian and who wish to exercise their fundamental right to marry. Reviewing aspects of liberal-democratic theory, marriage law, and pertinent analogies that deal with the right to marry, Gordon Albert Babst presents the notion of the "shadow establishment," which makes the best sense of a constitutional affirmation of bias against same-sex marriage and gay persons in the law."--BOOK JACKET.

Contents:

Six Features of Contemporary Public Law 6

Part I Marriage in the Law 11

Chapter 1. Marriage as Contract and Status 15

Chapter 2. The Defense of Marriage Act and Recent Events in State Law 22

Part II The Law and Morality Distinction, Violated 35

Chapter 3. Morals Discourse and Law 41

Chapter 4. Professor Richards Finds a Violation 51

Part III How to Identify Sub Rosa Establishment and the Argument by Definition 61

Chapter 5. The Shadow Establishment Has Its Day in Court 67

Chapter 6. A Note Regarding the Appeal to the Dictionary 80

Part IV The Shadow Establishment, "Gay Marriage" in the Courts, and the Analogies to Race and Polygamy 85

Chapter 7. Interracial and Plural Marriage Analogies and Cases 91

The Miscegenation Analogy 91

The Polygamy Analogy 95

Chapter 8. "Gay Marriage" in the Courts 100.

Notes:

Includes bibliographical references (p. [143]-151) and index.

Bibliographic Level Mode of Issuance: Monograph