Full Description
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.
Contents
Introduction, Patrick N. Cain and David Ramsey
Chapter One: Defending the Christian Idea of Marriage Today: The Place of the Personal Logos, Peter Augustine Lawler
Chapter Two: The Household and the City in Classical Political Philosophy and in John Witte, Jr.'s Account of History of Western Jurisprudence, Terence J. Kleven
Chapter Three: The Triumph of the Right of Intimate Association, William C. Duncan
Chapter Four: Free and Happy Bonds: Loving v. Virginia's Nineteenth Century Precedent on Marriage and the Pursuit of Happiness, Adam M. Carrington
Chapter Five: On the Marriage of Dred Scott, David Ramsey
Chapter Six: Back to the Future: Reynolds Revisited and the Structure of the American Family, Martha Rice Martini
Chapter Seven: Sterilization, Reproductive Rights, and the Ninth Amendment, Lauren K. Hall
Chapter Eight: Limited Government and the Family: Rival Jurisprudential Models, Mark A. Scully
Chapter Nine: Liberalism, the Family, and the Right to Privacy: Griswold v. Connecticut and Its Progeny, Stephen A. Block
Chapter Ten: Liberty, Obergefell and the Privacy Doctrine, Patrick N. Cain
Chapter Eleven: Democracy in Justice Kennedy's America: Reading Obergefell with Tocqueville, Susan McWilliams
Chapter Twelve: Parenthood and Procreation, Scott Yenor
Chapter Thirteen: Does the Law and the Constitution of the Family Have to Change?, James R. Stoner, Jr.
Appendix: Cited Supreme Court Cases
