What Obergefell v. Hodges should have said : the nation's top legal experts rewrite America's same-sex marriage decision / edited with an introduction by Jack M. Balkin ; Helen M. Alvare [and 12 others].
Rewriting the Supreme Court's landmark gay rights decision. Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how-through legal imagination and political struggle-arguments once dismissed as "off-the-wall" can later become established in American constitutional law.
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.