Same-sex unions across the United States / Mark Strasser.
| Author/creator | Strasser, Mark Philip, 1955- |
| Format | Book |
| Publication Info | Durham, N.C. : Carolina Academic Press, ©2011. |
| Description | xv, 235 pages ; 22 cm |
| Subjects |
| Contents | 1. State constitutional amendments : State marriage amendments vary greatly in text ; The opportunity costs associated with the passage of the different amendments ; Varying breadths of the amendments ; Amendments regulating the "incidents of marriage" ; The surprisingly broad reach of some amendments ; The role of intent when interpreting amendments ; A veiled attack on the American Law Institute -- 2. The traditional rules regarding the interstate recognition of marriage : The restatements' position ; Exceptions to the rule ; Comity ; Expansion of the power to refuse to recognize marriages validly celebrated in the domicile -- 3. The Federal Defense of Marriage Act : Why was the Defense of Marriage Act passed? ; The Full Faith and Credit Provision ; Is the Full Faith and Credit Provision constitutional? ; Defining marriage for federal purposes ; The challenges to the Federal Definition of Marriage Provision ; Repeal of the Federal Definition of Marriage Provision ; Repeal of the Full Faith and Credit Provision -- 4. Full faith and credit and parental rights : Full faith and credit and Supreme Court jurisprudence ; Limitations on who can be a parent ; Adult adoptions ; Jurisdiction to make custody and visitation decisions -- 5. The right to privacy : Privacy rights ; The right to marry ; Regulation of sexual activity ; State court treatment of same-sex marriage bans -- 6. Equal protection : The tiers of scrutiny ; The indicia of suspect status ; Threshold levels ; Orientation as a protected classification under state constitutions ; Classifications on the basis of sex -- 7. The right to travel : Interstate recognition where burdens had been imposed on the right to marry ; Interstate recognition of interracial marriages ; Federal right to travel jurisprudence ; The state's interests in refusing to recognize a same-sex marriage validly celebrated in a different domicile ; The limited nature of this thesis -- 8. Same-sex marriage and matters of conscience : The limitations of conscience ; Creating an exemption for those with religious objections to same-sex marriage ; The expansion of exemptions ; The expansion of the classes against whom the exemption might be employed. |
| Bibliography note | Includes bibliographical references (p. xi-xii) and index. |
| LCCN | 2010043264 |
| ISBN | 9781594609374 (alk. paper) |
| ISBN | 1594609373 (alk. paper) |