Same-Sex Marriage and the Constitution

In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

1. Introduction; 2. Reason and prejudice: is a heterosexual monopoly on marriage rational?; 3. Looking for stricter scrutiny: sexism, heterosexism, and class-based equal protection; 4. The fundamental right to marry; 5. Same-sex marriage and the fundamental right to marry; 6. Should courts create new rights?; 7. Identifying fundamental rights; 8. Democracy, neutrality, and consistency of principle; 9. Principles and practicalities: the road to same-sex marriage.

Evan Gerstmann is a Professor of Political Science at Loyola Marymount University, California. He is a widely cited scholar on the issues of same-sex equality and other timely legal issues. He has frequently appeared as an expert in both academic and popular media venues, and his scholarship has covered issues ranging from same-sex marriage to the use of racially motivated force by police to sexual assault on the American university campus.