From Publishers Weekly
In this provocative legal study, Gertsmann drills deep into the gay marriage debate, beyond the well-mined rhetoric of "gay rights," to focus on the true bedrock of Americans' freedom: the Constitution. According to the author, one of the most important issues challenging the Constitution's promise of legal equality is same-sex marriage. "Marriage was one of the first fundamental rights the Court recognized," writes Gertsmann. "Far from being limited to a racial context, it has been applied to individuals whom society has every reason to punish, individuals whose fitness for marriage and parenthood could be doubted." So why has same-sex marriage remained the exception to this fundamental right to marry? Early in the text, Gertsmann wisely concedes that it is not "irrational" for a society to ban same sex marriage, because legalizing these unions could be seen as an endorsement of homosexual relationships, much like legalizing heroin could be seen as a government endorsement of drug use. But while Gertsmann offers an understanding of why society is dragging its heels to the gay-marriage altar, he argues that giving gay couples marriage licenses no more endorses their homosexuality than giving them driver's licenses does. "In each case, the state is simply granting certain benefits to its citizens without respect to their sexual orientation," he writes. The author's balanced, well-measured defense of same-sex marriage argues that the most personal of decisions (whom we marry) will continue to be treated as a public act and, therefore, will continue to be stymied by government interference until the courts consider the right to marry with "the same rigor and consistency" that they apply to another touchstone of the Constitution: freedom of speech.
Copyright 2003 Reed Business Information, Inc.
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Review
"[Gerstmann] asks (and answers) the questions that everyone wants to know and many of us are afraid to tackle." Lambda Book Report
"...a well-organized, extremely articulate, and fearlessly logical analysis of the foundations of laws against same-sex marriage..." Perspectives on Political Science
"Evan Gerstmann has here presented a carefully crafted, highly nuanced, and imporant argument about same-sex marriage. His conclusion will be controversial, but in the best sense: people will be forced to reckon with his powerful argument." H.N. Hirsch, Macalester College
"This book does the best job I have seen in relating the constitutional law and theory of equal protection and the implied fundamental right of privacy to the politics of whether the Supreme Court should decide the important question of the right to same-sex marriage. This well-written, sensitive, and original book will be of invaluable use in undergraduate and law school classrooms. Evan Gerstmann demonstrates the tautological nature of arguments against gay marriage, while still being respectful to alternative arguments such as Sunstein's call for Supreme Court minimalism on this matter." Ronald Kahn, Oberlin College
"Gerstmann has developed a vitally important work in the ongoing legal debate over same-sex marriage. He presents an insightful framework for the Court's recognition of fundamental rights more generally--an area of constitutional interpretation that he terms a 'shambles' at present--and makes a strong argument that principle, rather than the potential of a backlash against an unpopular Court decision, should guide jurists. Highly recommended." Choice
"Reading Evan Gerstmann's book bolsters my hope that someday justice will come to same-sex couples." Kenneth Sherrill, Political Science Quarterly
"...Evan Gerstmann has now produced a forceful and tough-minded brief for the result that Scialia dreads. Careful, interesting. (and) worthwhile."... NEW REPUBLIC December 22, 2003
"In Same-Sex Marriage and the Constitution, Evan Gerstmann once again applies his considerable analytical scalpel to an issue of constitutional and moral importance. Showing due regard for competing normative and legal arguments, Gerstmann exposes the weaknesses in exisiting positions on both sides of the debate. He then presents an illuminating and convincing case on behalf of same-sex marriage rights based on a conception of equal protection that is applicable to all citizens, regardless of their sexual orientation. The book will enlighten not only those concerned with the issue of same-sex marriage, but also those interested in jurisprudence, constitutional law, and the relationship between constitutional law and citizenship. Gerstmann's innovative approach points us toward a more productive understanding of equal protection." Donald A. Downs, University of Wisconsin-Madison
--This text refers to an out of print or unavailable edition of this title.
