Overview

Following the widely reviewed success of the first edition, the updated and expanded second edition of Same-Sex Marriage and the Constitution argues that there is a long-standing constitutional protection of the right to marry that applies to same-sex couples. Balancing strong advocacy of this position with respectful engagement with those who oppose same-sex marriage, Evan Gerstmann concludes not only that the Constitution protects same-sex marriage but that it is the proper role of the courts to enforce this right. The book also takes on many of the same-sex marriage myths: that it will lead down that 'slippery slope' to such things as polygamy, that same-sex marriage has been a political albatross for liberals and progressives, and that courts are 'usurping' the democratic process. Without overheated rhetoric or legal jargon, Gerstmann makes the case for same-sex marriage as a constitutional guarantee.

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9780511619762

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Reviews

Review of previous edition: '... this book is a welcome addition to the expanding literature on same-sex marriage ...' Common Law World Review Review of previous edition: '... it is scholarly and thorough. It honestly and vigourously addresses the arguments of its opponents. It brings reasoned arguments ... It treats both sides with respect and takes seriously their arguments.' INTAMS Journal for the Study of Marriage and Spirituality Review of previous edition: '[Gerstmann] asks (and answers) the questions that everyone wants to know and many of us are afraid to tackle.' Lambda Book Report Review of previous edition: '... a well-organized, extremely articulate, and fearlessly logical analysis of the foundations of laws against same-sex marriage ...' Perspectives on Political Science Review of previous edition: 'Evan Gerstmann has here presented a carefully crafted, highly nuanced, and important 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, Minnesota Review of previous edition: '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, Ohio Review of previous edition: '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 Review of previous edition: 'Reading Evan Gerstmann's book bolsters my hope that someday justice will come to same-sex couples.' Kenneth Sherrill, Political Science Quarterly Review of previous edition: 'Evan Gerstmann has now produced a forceful and tough-minded brief for the result that Scialia dreads. Careful, interesting [and] worthwhile.' New Republic Review of previous edition: '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 existing 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

Author Information

Evan Gerstmann is Associate Professor and Chair of Political Science at Loyola Marymount University in Los Angeles. He holds a Ph.D. from the University of Wisconsin–Madison (1996) and a J.D. from the University of Michigan Law School (cum laude, 1986). He is the author of two books on constitutional law: Same-Sex Marriage and the Constitution (2003) and The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection (1999), and has coauthored a third book, Academic Freedom at the Dawn of a New Century: How Terrorism, Governments, and Culture Wars Impact Free Speech (2006). His other publications have appeared in PS: Political Science and Politics and The Journal of International Law and International Relations, and his works have been reviewed in numerous journals, including The New Republic, The Washington Post, The Nation, and The Chronicle of Higher Education.

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