American Constitutionalism, Marriage, and the Family
Beschreibung:
This edited volume in American constitutionalism places the Supreme Court's declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court's developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court's affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court's recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.
This volume examines the Supreme Court¿s rulings in U.S. v. Windsor and Obergefell v. Hodges in light of its earlier rulings while also incorporating several prominent accounts of marriage and the family from the history of political philosophy.
Introduction, Patrick N. Cain and David RamseyChapter One: Defending the Christian Idea of Marriage Today: The Place of the Personal Logos, Peter Augustine LawlerChapter Two: The Household and the City in Classical Political Philosophy and in John Witte, Jr.'s Account of History of Western Jurisprudence, Terence J. KlevenChapter Three: The Triumph of the Right of Intimate Association, William C. DuncanChapter Four: Free and Happy Bonds: Loving v. Virginia's Nineteenth Century Precedent on Marriage and the Pursuit of Happiness, Adam M. CarringtonChapter Five: On the Marriage of Dred Scott, David RamseyChapter Six: Back to the Future: Reynolds Revisited and the Structure of the American Family, Martha Rice MartiniChapter Seven: Sterilization, Reproductive Rights, and the Ninth Amendment, Lauren K. HallChapter Eight: Limited Government and the Family: Rival Jurisprudential Models, Mark A. ScullyChapter Nine: Liberalism, the Family, and the Right to Privacy: Griswold v. Connecticut and Its Progeny, Stephen A. BlockChapter Ten: Liberty, Obergefell and the Privacy Doctrine, Patrick N. CainChapter Eleven: Democracy in Justice Kennedy's America: Reading Obergefell with Tocqueville, Susan McWilliamsChapter Twelve: Parenthood and Procreation, Scott YenorChapter Thirteen: Does the Law and the Constitution of the Family Have to Change?, James R. Stoner, Jr.Appendix: Cited Supreme Court Cases