9781498528177 hardcover ; alkaline paper 1498528171 hardcover ; alkaline paper 9781498528191 1498528198 9781498528184
"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.
Bibliography, etc. Note
Includes bibliographical references (pages 219-223) and index.
Formatted Contents Note
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.
KF229.W56 A44 2016
Available in Other Form
Online version: American constitutionalism, marriage, and the family. Lanham, Md. : Lexington Books, 2016