What Obergefell V Hodges Should Have Said

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What Obergefell v. Hodges Should Have Said

Author : Jack M. Balkin
Publisher : Yale University Press
Page : 396 pages
File Size : 52,7 Mb
Release : 2020-11-24
Category : Law
ISBN : 9780300255782

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What Obergefell v. Hodges Should Have Said by Jack M. Balkin Pdf

Rewriting the Supreme Court’s landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how—through legal imagination and political struggle—arguments once dismissed as “off-the-wall” can later become established in American constitutional law.

What Obergefell V. Hodges Should Have Said

Author : Jack M. Balkin
Publisher : Yale University Press
Page : 396 pages
File Size : 54,7 Mb
Release : 2021-01-12
Category : Law
ISBN : 9780300221558

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What Obergefell V. Hodges Should Have Said by Jack M. Balkin Pdf

Rewriting the Supreme Court's landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how--through legal imagination and political struggle--arguments once dismissed as "off-the-wall" can later become established in American constitutional law.

What Roe V. Wade Should Have Said

Author : Jack M. Balkin
Publisher : NYU Press
Page : 338 pages
File Size : 40,9 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781479824489

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What Roe V. Wade Should Have Said by Jack M. Balkin Pdf

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

Love Wins

Author : Debbie Cenziper,Jim Obergefell
Publisher : HarperCollins
Page : 228 pages
File Size : 48,6 Mb
Release : 2016-06-14
Category : Biography & Autobiography
ISBN : 9780062456090

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Love Wins by Debbie Cenziper,Jim Obergefell Pdf

The fascinating and very moving story of the lovers, lawyers, judges and activists behind the groundbreaking Supreme Court case that led to one of the most important, national civil rights victories in decades—the legalization of same-sex marriage. In June 2015, the Supreme Court made same-sex marriage the law in all fifty states in a decision as groundbreaking as Roe v Wade and Brown v Board of Education. Through insider accounts and access to key players, this definitive account reveals the dramatic and previously unreported events behind Obergefell v Hodges and the lives at its center. This is a story of law and love—and a promise made to a dying man who wanted to know how he would be remembered. Twenty years ago, Jim Obergefell and John Arthur fell in love in Cincinnati, Ohio, a place where gays were routinely picked up by police and fired from their jobs. In 2013, the Supreme Court ruled that the federal government had to provide married gay couples all the benefits offered to straight couples. Jim and John—who was dying from ALS—flew to Maryland, where same-sex marriage was legal. But back home, Ohio refused to recognize their union, or even list Jim’s name on John’s death certificate. Then they met Al Gerhardstein, a courageous attorney who had spent nearly three decades advocating for civil rights and who now saw an opening for the cause that few others had before him. This forceful and deeply affecting narrative—Part Erin Brockovich, part Milk, part Still Alice—chronicles how this grieving man and his lawyer, against overwhelming odds, introduced the most important gay rights case in U.S. history. It is an urgent and unforgettable account that will inspire readers for many years to come.

Marriage Equality

Author : William N. Eskridge, Jr.,Christopher R. Riano
Publisher : Yale University Press
Page : 1041 pages
File Size : 42,7 Mb
Release : 2020-08-18
Category : Social Science
ISBN : 9780300221817

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Marriage Equality by William N. Eskridge, Jr.,Christopher R. Riano Pdf

The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.

The Engagement

Author : Sasha Issenberg
Publisher : Vintage
Page : 929 pages
File Size : 47,8 Mb
Release : 2022-05-31
Category : Political Science
ISBN : 9781984898517

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The Engagement by Sasha Issenberg Pdf

A NEW YORK TIMES NOTABLE BOOK OF THE YEAR • The riveting story of the conflict over same-sex marriage in the United States—the most significant civil rights breakthrough of the new millennium "Full of intimate details, battling personalities, heated court cases, public persuasion.” —John Williams, The New York Times On June 26, 2015, the U.S. Supreme Court ruled that state bans on gay marriage were unconstitutional, making same-sex unions legal across the United States. But the road to that momentous decision was much longer than many know. In this definitive account, Sasha Issenberg vividly guides us through same-sex marriage’s unexpected path from the unimaginable to the inevitable. It is a story that begins in Hawaii in 1990, when a rivalry among local activists triggered a sequence of events that forced the state to justify excluding gay couples from marriage. In the White House, one president signed the Defense of Marriage Act, which elevated the matter to a national issue, and his successor tried to write it into the Constitution. Over twenty-five years, the debate played out across the country, from the first legal same-sex weddings in Massachusetts to the epic face-off over California’s Proposition 8 and, finally, to the landmark Supreme Court decisions of United States v. Windsor and Obergefell v. Hodges. From churches to hedge funds, no corner of American life went untouched. This richly detailed narrative follows the coast-to-coast conflict through courtrooms and war rooms, bedrooms and boardrooms, to shed light on every aspect of a political and legal controversy that divided Americans like no other. Following a cast of characters that includes those who sought their own right to wed, those who fought to protect the traditional definition of marriage, and those who changed their minds about it, The Engagement is certain to become a seminal book on the modern culture wars.

Wedlocked

Author : Katherine Franke
Publisher : NYU Press
Page : 287 pages
File Size : 49,8 Mb
Release : 2015-11-06
Category : Law
ISBN : 9781479815746

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Wedlocked by Katherine Franke Pdf

Compares today’s same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize. Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves’ involvements with marriage and draws lessons that serve as cautionary tales for today’s marriage rights movements. While “be careful what you wish for” is a prominent theme, they also teach us how the rights-bearing subject is inevitably shaped by the very rights they bear, often in ways that reinforce racialized gender norms and stereotypes. Franke further illuminates how the racialization of same-sex marriage has redounded to the benefit of the gay rights movement while contributing to the ongoing subordination of people of color and the diminishing reproductive rights of women. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free.

Truth Overruled

Author : Ryan T. Anderson
Publisher : Simon and Schuster
Page : 256 pages
File Size : 47,7 Mb
Release : 2015-07-14
Category : Social Science
ISBN : 9781621574590

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Truth Overruled by Ryan T. Anderson Pdf

"Every leader in America needs to read this book! It's by far the best summary of what's at stake." —Rick Warren The Supreme Court has issued a decision, but that doesn't end the debate. Now that the Supreme Court has ruled, Americans face momentous debates about the nature of marriage and religious liberty. Because the Court has redefined marriage in all 50 states, we have to energetically protect our freedom to live according to conscience and faith as we work to rebuild a strong marriage culture. In the first book to respond to the Supreme Court's decision on same-sex marriage, Ryan Anderson draws on the best philosophy and social science to explain what marriage is, why it matters for public policy, and the consequences of its legal redefinition. Attacks on religious liberty--predicated on the bogus equation of opposition to same-sex marriage with racism--have already begun, and modest efforts in Indiana and other states to protect believers' rights have met with hysterics from media and corporate elites. Anderson tells the stories of innocent citizens who have been coerced and penalized by the government and offers a strategy to protect the natural right of religious liberty. Anderson reports on the latest research on same-sex parenting, filling it out with the testimony of children raised by gays and lesbians. He closes with a comprehensive roadmap on how to rebuild a culture of marriage, with work to be done by everyone. The nation's leading defender of marriage in the media and on university campuses, Ryan Anderson has produced the must-read manual on where to go from here. There are reasonable and compelling arguments for the truth about marriage, but too many of our neighbors haven't heard them. Truth is never on "the wrong side of history," but we have to make the case. We will decide which side of history we are on.

Speak Now

Author : Kenji Yoshino
Publisher : Crown
Page : 386 pages
File Size : 45,7 Mb
Release : 2015
Category : Law
ISBN : 9780385348805

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Speak Now by Kenji Yoshino Pdf

"Tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate"--Dust jacket flap.

What Is Marriage?

Author : Sherif Girgis,Ryan T. Anderson,Robert George
Publisher : Encounter Books
Page : 154 pages
File Size : 51,5 Mb
Release : 2020-07-21
Category : Philosophy
ISBN : 9781641771481

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What Is Marriage? by Sherif Girgis,Ryan T. Anderson,Robert George Pdf

Until very recently, no society had seen marriage as anything other than a conjugal partnership: a male–female union. What Is Marriage? identifies and defends the reasons for this historic consensus and shows why redefining civil marriage as something other than the conjugal union of husband and wife is a mistake. Originally published in the Harvard Journal of Law and Public Policy, this book’s core argument quickly became the year’s most widely read essay on the most prominent scholarly network in the social sciences. Since then, it has been cited and debated by scholars and activists throughout the world as the most formidable defense of the tradition ever written. Now revamped, expanded, and vastly enhanced, What Is Marriage? stands poised to meet its moment as few books of this generation have. Sherif Girgis, Ryan T. Anderson, and Robert P. George offer a devastating critique of the idea that equality requires redefining marriage. They show why both sides must first answer the question of what marriage really is. They defend the principle that marriage, as a comprehensive union of mind and body ordered to family life, unites a man and a woman as husband and wife, and they document the social value of applying this principle in law. Most compellingly, they show that those who embrace same-sex civil marriage leave no firm ground—none—for not recognizing every relationship describable in polite English, including polyamorous sexual unions, and that enshrining their view would further erode the norms of marriage, and hence the common good. Finally, What Is Marriage? decisively answers common objections: that the historic view is rooted in bigotry, like laws forbidding interracial marriage; that it is callous to people’s needs; that it can’t show the harm of recognizing same-sex couplings or the point of recognizing infertile ones; and that it treats a mere “social construct” as if it were natural or an unreasoned religious view as if it were rational.

What Comes Naturally

Author : Peggy Pascoe
Publisher : Oxford University Press on Demand
Page : 417 pages
File Size : 51,9 Mb
Release : 2009
Category : History
ISBN : 9780195094633

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What Comes Naturally by Peggy Pascoe Pdf

" ... Examines two of the most insidious ideas in American history. The first is the belief that interracial marriage is unnatural. The second is the belief in white supremacy. When these two ideas converged, with the invention of the term 'miscegenation' in the 1860s, the stage was set for the rise of a social, political, and legal system of white supremacy that reigned through the 1960s and, many would say, beyond" -- Introduction, page 1.

LGBTQ Politics

Author : Marla Brettschneider,Susan Burgess,Christine Keating
Publisher : NYU Press
Page : 634 pages
File Size : 50,8 Mb
Release : 2017-09-19
Category : Political Science
ISBN : 9781479893874

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LGBTQ Politics by Marla Brettschneider,Susan Burgess,Christine Keating Pdf

"From Harvey Milk to Barney Frank, and from ACT UP to Proposition 8, in the past few decades, no political change has been more significant than the civil rights advancements of LGBTQ citizens. LGBTQ Politics is the first authoritative reader to approach the complexity of queer politics from a political science persective, bringing together original contributions from leadings scholars in the field on key issues in LGBTQ politics. These original essays cover a wide range of essential topics, including marriage equality, transgender discrimination, gay and lesbian political candidates, LGBTQ human rights advocacy, HIV prevention, and LGBTQ movements of the Global South. The volume also includes a number of critical essays that reflect upon the state of political science as a discipline that has struggled to address queer politics. Contributors draw from a variety of subfields in political science, including comparative politics, political theory, American politics, public law, and international relations. Essays that focus on mainstream institutional politics appear alongside contributions grounded in grassroots movements and critical theory. While some essays express concerns that the democratic basis of the LGBTQ movement has been undermined, others celebrate the movement's successes and offer visions for the future. A comprehensive, thought-provoking, and authoritative collection, LGBTQ Politics: A Critical Reader is required reading for anyone looking to learn about the politics of sexuality"--Back cover.

Ordered Liberty

Author : James E. Fleming,Linda C. McClain
Publisher : Harvard University Press
Page : 482 pages
File Size : 47,8 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780674070745

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Ordered Liberty by James E. Fleming,Linda C. McClain Pdf

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

Before I Do

Author : Elizabeth F. Schwartz
Publisher : New Press, The
Page : 198 pages
File Size : 44,5 Mb
Release : 2012-10-02
Category : Family & Relationships
ISBN : 9781620971550

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Before I Do by Elizabeth F. Schwartz Pdf

A comprehensive guide to marriage—perks, consequences, and everything in between—aimed at the LGBTQ+ community, from a leading gay rights lawyer. Not long ago, same-sex couples had to jump through endless hoops to make their relationships even close to legal. Happily, those days are over. But here’s the rub: many gay and lesbian couples, accustomed to living off-grid, are so thrilled to have the benefits of marriage that they jump into it without fully considering the consequences. In Before I Do, leading gay rights attorney Elizabeth F. Schwartz spells out the range of practical considerations any couple should address before tying the knot. She explains the rights married couples have—and those they do not. With cameos from some of the most prominent LGBTQ+ professionals, Schwartz explores all of the implications of marriage from name changes and getting a license to taxes, insurance, Social Security, and much more. Chapters on estate planning, pre- and post-nuptial agreements, and organizing finances make Before I Do a crucial handbook for anyone considering marriage—because, as Schwartz explains, just because you can get married does not mean you should. “During my thirty years of covering the gay beat for the Miami Herald, never did I imagine the need for a marriage guide for LGBT couples. Yet today nothing is more urgent. Before I Do guides all couples, gay and otherwise, about the responsibilities of marriage. Ignore it at your peril.” —Steve Rothaus, The Miami Herald

Same-sex Marriage Debate

Author : Justin Healey
Publisher : Unknown
Page : 60 pages
File Size : 42,5 Mb
Release : 2013
Category : Civil unions
ISBN : 1922084018

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Same-sex Marriage Debate by Justin Healey Pdf

Same-sex marriages are currently not permitted under Australian federal law. Although same-sex couples in a de facto relationship have had most of the legal rights of married couples since July 2009, there is however no national registered partnership or civil union scheme.