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Author Babst, Gordon Albert, 1961-

Title Liberal constitutionalism, marriage, and sexual orientation : a contemporary case for dis-establishment / Gordon Albert Babst
Published New York : P. Lang, 2003


Location Call no. Vol. Availability
Description pages cm
Series Teaching texts in law and politics ; v. 15
Teaching texts in law and politics ; v. 15
Contents Six Features of Contemporary Public Law -- Pt. I. Marriage in the Law. Ch. 1. Marriage as Contract and Status. Ch. 2. The Defense of Marriage Act and Recent Events in State Law -- Pt. II. The Law and Morality Distinction, Violated. Ch. 3. Morals Discourse and Law. Ch. 4. Professor Richards Finds a Violation -- Pt. III. How to Identify Sub Rosa Establishment and the Argument by Definition. Ch. 5. The Shadow Establishment Has Its Day in Court. Ch. 6. A Note Regarding the Appeal to the Dictionary -- Pt. IV. The Shadow Establishment, "Gay Marriage" in the Courts, and the Analogies to Race and Polygamy. Ch. 7. Interracial and Plural Marriage Analogies and Cases -- The Miscegenation Analogy -- The Polygamy Analogy. Ch. 8. "Gay Marriage" in the Courts
Summary "Liberal Constitutionalism, Marriage, and Sexual Orientation: A Contemporary Case for Dis-Establishment uses constitutional theory and political philosophy to shed light on an elusive feature of American jurisprudence: the establishment of a sectarian preference in the law to the detriment of American citizens who happen to be gay or lesbian and who wish to exercise their fundamental right to marry. Reviewing aspects of liberal-democratic theory, marriage law, and pertinent analogies that deal with the right to marry, Gordon Albert Babst presents the notion of the "shadow establishment," which makes the best sense of a constitutional affirmation of bias against same-sex marriage and gay persons in the law."--BOOK JACKET
Notes Bibliographic Level Mode of Issuance: Monograph
Bibliography Includes bibliographical references and index
Notes English
Subject Gays -- Legal status, laws, etc. -- United States.
Same-sex marriage -- Law and legislation -- United States.
Marriage law -- United States.
Religion and law -- United States.
Constitutional law -- Religious aspects.
LC no. 2002067546
ISBN 0820455334 alkaline paper
9780820455334 alkaline paper