Same-Sex Marriage and the Constitution (2nd ed.)

by Evan Gerstmann

Following the widely reviewed success of the first edition, the updated and expanded second edition of Same-Sex Marriage and the Constitution argues that there is a long-standing constitutional protection of the right to marry that applies to same-sex couples. Balancing strong advocacy of this position with respectful engagement with those who oppose same-sex marriage, Evan Gerstmann concludes not only that the Constitution protects same-sex marriage but that it is the proper role of the courts to enforce this right. The book also takes on many of the same-sex marriage myths: that it will lead down that 'slippery slope' to such things as polygamy, that same-sex marriage has been a political albatross for liberals and progressives, and that courts are 'usurping' the democratic process. Without overheated rhetoric or legal jargon, Gerstmann makes the case for same-sex marriage as a constitutional guarantee.

  • Cambridge University Press; February 2008
  • ISBN: 9780511380471
  • Edition: 2
  • Read online, or download in secure PDF format
  • Title: Same-Sex Marriage and the Constitution
  • Author: Evan Gerstmann
  • Imprint: Cambridge University Press

In The Press

Review of previous edition: '… this book is a welcome addition to the expanding literature on same-sex marriage …' Common Law World Review