Includes bibliographical references (pages 219-223) and index.
Contents:
Defending the Christian Idea of marriage today: the place of the personal logos / Peter Augustine Lawler -- The household and the city in classical political philosophy and in John Witte, Jr.'s Account of history of the Western jurisprudence / Terence J. Kleven -- The triumph of the right of intimate association / William C. Duncan -- Free and happy bonds: Loving v. Virginia's nineteenth century precedent on marriage and the pursuit of happiness / Adam M. Carrington -- On the marriage of Dred Scott / David Ramsey -- Back to the future: Reynolds revisited and the structure of the American family / Martha Rice Martini -- Sterilization, reproductive rights, and the Ninth Amendment / Lauren K. Hall -- Limited government and the family: rival jurisprudential models / Mark A. Scully -- Liberalism, the family, and the right to privacy: Griswold v. Connecticut and its progeny / Stephen A. Block -- Obergefell v. Hodges and the privacy doctrine: liberty, autonomy, and the family,/ Patrick N. Cain -- Democracy in Justice Kennedy's America: reading Obergefell with Tocqueville / Susan McWilliams -- Parenthood and procreation / Scott Yenor -- Does the law and the constitution of the family have to change? / James R. Stoner, Jr. -- Appendix: Cited Supreme Court cases.
Summary:
"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." -- publisher's website.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.