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Legally Wed: Same-Sex Marriage and the Constitution Hardcover – March 27, 1997

ISBN-13: 978-0801434068 ISBN-10: 0801434068 Edition: 1st
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Editorial Reviews

From Library Journal

Strasser (law, Capital Univ., Columbus, Ohio) here analyzes the arguments against same-sex marriage one by one and concludes that none achieves legal credibility. He reviews the bars on marriage based on definition, procreation, custody, and protection of children and the debates centered on equal protection. Looking at the recently passed Defense of Marriage Act, he concludes that it may be unconstitutional. The logic of the case presented by Strasser will be debated by lawyers and its success or failure decided by judges in the years to come. As such, this is of great current relevance, but much of the material has already appeared in law reviews, and the legal language may make it more appropriate for special and academic collections. Public libraries should consider Andrew Sullivan's Same-Sex Marriage, Pro and Con (LJ 3/15/97).?Jeffery Ingram, Newport P.L., Ore.
Copyright 1997 Reed Business Information, Inc.
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Product Details

  • Hardcover: 256 pages
  • Publisher: Cornell University Press; 1 edition (March 27, 1997)
  • Language: English
  • ISBN-10: 0801434068
  • ISBN-13: 978-0801434068
  • Product Dimensions: 0.8 x 6.2 x 9.8 inches
  • Shipping Weight: 1.1 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #5,106,180 in Books (See Top 100 in Books)

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1 of 1 people found the following review helpful By James L. Park on September 24, 2010
Format: Hardcover
Mark Strasser
Legally Wed:
Same-Sex Marriage and the Constitution

(Ithica, NY: Cornell UP, 1997) 241 pages
(ISBN: 0-8014-3408-8; hardcover)
(ISBN: 0-8014-8429-4; paperback)
(Library of Congress call number: KF511.S77 1997)

An examination of all the legal and constitutional implications
of attempting to prevent same-sex couples
from having legally-recognized marriages.
There is no compelling state interest in prohibiting same-sex marriages.
Contrary to the claims of opponents, same-race marriages were not sullied
when people of different races were permitted to marry each other.

The state need not have the same rules about marriage
as any given church or religious tradition.
Some very liberal religious bodies now celebrate same-sex unions.
And some religions endorse polygamy.
If same-sex marriages were made legal by any government,
no religious organization would be compelled
to solemnize or recognize such unions.

Denying same-sex couples the right to marry
is denying them the "equal protection of the laws".
The "Defense of Marriage Act" is unconstitutional
because it could only have been born out of
animosity toward a certain class of people.
The only people affected are homosexuals.
Usually the federal government has allowed states
to make their own domestic relations laws.
Now the "Defense of Marriage Act" has announced in advance
that only marriages between partners of different sexes
will be recognized by the federal government
--no matter what the states might do in the future.

Congress did not consider a number of unintended consequences
of the "Defense of Marriage Act".
Read more ›
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