Liberal Constitutionalism Marriage And Sexual Orientation

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Liberal Constitutionalism, Marriage, and Sexual Orientation

Gordon Albert Babst
Liberal Constitutionalism Marriage and Sexual Orientation Book PDF

Author : Gordon Albert Babst
Publisher : Teaching Texts in Law and Politics
Page : 172 pages
File Size : 42,5 Mb
Release : 2002
Category : Law
ISBN : UOM:39015056280798

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Liberal Constitutionalism, Marriage, and Sexual Orientation by Gordon Albert Babst Pdf

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.

Just Married

Stephen Macedo
Just Married Book PDF

Author : Stephen Macedo
Publisher : Princeton University Press
Page : 315 pages
File Size : 43,9 Mb
Release : 2017-05-09
Category : FAMILY & RELATIONSHIPS
ISBN : 9780691176338

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Just Married by Stephen Macedo Pdf

The case for marriage equality and monogamy in a democratic society The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. Just Married demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. Stephen Macedo displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, Macedo opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, Macedo explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. His defense of reformed marriage against slippery slope alarmists on the right, and radical critics of marriage on the left, vindicates the justice and common sense of the emerging consensus. Casting new light on today's debates over the future of marriage, Just Married lays the groundwork for a stronger institution.

Free Exercise of Religion in the Liberal Polity

Emily R. Gill
Free Exercise of Religion in the Liberal Polity Book PDF

Author : Emily R. Gill
Publisher : Springer Nature
Page : 296 pages
File Size : 50,5 Mb
Release : 2019-08-21
Category : Social Science
ISBN : 9783030250379

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Free Exercise of Religion in the Liberal Polity by Emily R. Gill Pdf

This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.

Sexuality and Citizenship

Diane Richardson
Sexuality and Citizenship Book PDF

Author : Diane Richardson
Publisher : John Wiley & Sons
Page : 224 pages
File Size : 42,6 Mb
Release : 2017-09-18
Category : Social Science
ISBN : 9781509514243

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Sexuality and Citizenship by Diane Richardson Pdf

Sexual citizenship has become a key concept in the social sciences. It describes the rights and responsibilities of citizens in sexual and intimate life, including debates over equal marriage and women's human rights, as well as shaping thinking about citizenship more generally. But what does it mean in a continually changing political landscape of gender and sexuality? In this timely intervention, Diane Richardson examines the normative underpinnings and varied critiques of sexual citizenship, asking what they mean for its future conceptual and empirical development, as well as for political activism. Clearly written, the book shows how the field of sexuality and citizenship connects to a range of important areas of debate including understandings of nationalism, identity, neoliberalism, equality, governmentality, individualization, colonialism, human rights, globalization and economic justice. Ultimately this book calls for a critical rethink of sexual citizenship. Illustrating her argument with examples drawn from across the globe, Richardson contends that this is essential if scholars want to understand the sexual politics that made the field of sexuality and citizenship studies what it is today, and to enable future analyses of the sexual inequalities that continue to mark the global order.

Beyond Race, Sex, and Sexual Orientation

Sonu Bedi
Beyond Race Sex and Sexual Orientation Book PDF

Author : Sonu Bedi
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 2013
Category : Discrimination
ISBN : 1139890794

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Beyond Race, Sex, and Sexual Orientation by Sonu Bedi Pdf

This book argues that current equal protection jurisprudence suffers from unnoticed normative and political problems, and elucidates a competing, extant interpretation.

Courts, Politics and Constitutional Law

Martin Belov
Courts Politics and Constitutional Law Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 48,5 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

In Defense of Plural Marriage

Ronald C. Den Otter
In Defense of Plural Marriage Book PDF

Author : Ronald C. Den Otter
Publisher : Cambridge University Press
Page : 371 pages
File Size : 49,5 Mb
Release : 2015-05-28
Category : Law
ISBN : 9781107087712

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In Defense of Plural Marriage by Ronald C. Den Otter Pdf

This book outlines the constitutional argument in favor of plural marriage in the United States.

Core Concepts and Contemporary Issues in Privacy

Ann E. Cudd,Mark C. Navin
Core Concepts and Contemporary Issues in Privacy Book PDF

Author : Ann E. Cudd,Mark C. Navin
Publisher : Springer
Page : 265 pages
File Size : 43,5 Mb
Release : 2018-04-03
Category : Law
ISBN : 9783319746395

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Core Concepts and Contemporary Issues in Privacy by Ann E. Cudd,Mark C. Navin Pdf

This book offers a comprehensive investigation of privacy in the modern world. It collects 16 papers that look at this essential topic from many facets, from the personal to the technological, from the philosophical to the legal. The contributors examine such issues as the value of privacy protection, the violation of spreading personal falsehoods, the digital rights of children, an individual's right to be forgotten from internet search engines, and more. The organization of the volume helps provide a nuanced understanding of this often controversial topic. Coverage starts with key concepts before moving on to explore personal information privacy and the impact of new technologies. Next, the papers consider privacy in different contexts. These include work, sex, family, crime, and religion. This structure enables greater engagement with the difficult questions about privacy. Readers will gain deep insight into the core concepts of privacy as well as its application to everyday life. This interdisciplinary volume brings together an international team of scholars. They provide a broad combination of expertise in law, philosophy, and political science. Overall, this thought-provoking examination will appeal to interested readers in both academia and practice.

An Argument for Same-Sex Marriage

Emily R. Gill
An Argument for Same Sex Marriage Book PDF

Author : Emily R. Gill
Publisher : Georgetown University Press
Page : 288 pages
File Size : 51,5 Mb
Release : 2012-08-21
Category : Social Science
ISBN : 9781589019218

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An Argument for Same-Sex Marriage by Emily R. Gill Pdf

The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored. In her new book, An Argument for Same-Sex Marriage, political scientist Emily Gill draws an extended comparison between religious belief and sexuality, both central components of one’s personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality. An Argument for Same-Sex Marriage is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.

Moral Argument, Religion, and Same-sex Marriage

Gordon Albert Babst,Emily R. Gill,Jason Pierceson
Moral Argument Religion and Same sex Marriage Book PDF

Author : Gordon Albert Babst,Emily R. Gill,Jason Pierceson
Publisher : Rowman & Littlefield
Page : 270 pages
File Size : 40,6 Mb
Release : 2009
Category : Family & Relationships
ISBN : 0739126504

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Moral Argument, Religion, and Same-sex Marriage by Gordon Albert Babst,Emily R. Gill,Jason Pierceson Pdf

The diverse, expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Proposition 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. The main contribution of moral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse-such as governmental neutrality, the right to marry, and religious freedom-are presented and cast in the light of liberal-democratic theory. Book jacket.

Coercion and the State

David A. Reidy,Walter J. Riker
Coercion and the State Book PDF

Author : David A. Reidy,Walter J. Riker
Publisher : Springer Science & Business Media
Page : 259 pages
File Size : 55,6 Mb
Release : 2008-03-19
Category : Law
ISBN : 9781402068799

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Coercion and the State by David A. Reidy,Walter J. Riker Pdf

A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.

Beyond Race, Sex, and Sexual Orientation

Sonu Bedi
Beyond Race Sex and Sexual Orientation Book PDF

Author : Sonu Bedi
Publisher : Cambridge University Press
Page : 293 pages
File Size : 41,9 Mb
Release : 2013-09-02
Category : Law
ISBN : 9781107244696

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Beyond Race, Sex, and Sexual Orientation by Sonu Bedi Pdf

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.

Encyclopedia of the United States Constitution

David Andrew Schultz
Encyclopedia of the United States Constitution Book PDF

Author : David Andrew Schultz
Publisher : Infobase Publishing
Page : 923 pages
File Size : 50,7 Mb
Release : 2010-05-18
Category : Juvenile Nonfiction
ISBN : 9781438126777

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Encyclopedia of the United States Constitution by David Andrew Schultz Pdf

Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.

Readings in Political Philosophy

Diane Jeske,Richard Fumerton
Readings in Political Philosophy Book PDF

Author : Diane Jeske,Richard Fumerton
Publisher : Broadview Press
Page : 1134 pages
File Size : 46,5 Mb
Release : 2011-12-20
Category : Philosophy
ISBN : 9781551117652

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Readings in Political Philosophy by Diane Jeske,Richard Fumerton Pdf

This anthology surveys important issues in Western political philosophy from Plato to the present day. Its aim is to show both the continuity and the development of political thought over time. Each unit begins with readings on the fundamental theoretical principles underlying political discourse. Theory is then connected to practice in readings on contemporary issues as well as court cases and other political documents.

Judith Butler and Political Theory

Samuel Chambers,Terrell Carver
Judith Butler and Political Theory Book PDF

Author : Samuel Chambers,Terrell Carver
Publisher : Routledge
Page : 195 pages
File Size : 47,8 Mb
Release : 2008-01-23
Category : Philosophy
ISBN : 9781135989613

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Judith Butler and Political Theory by Samuel Chambers,Terrell Carver Pdf

Political Theory of Judith Butler proceeds thematically to introduce Butler’s basic terms and conceptions before leading the reader through her substantive contributions.