What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision

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Synopsis
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.
Copyright:
2020

Book Details

Book Quality:
Publisher Quality
Book Size:
400 Pages
ISBN-13:
9780300255782
Related ISBNs:
9780300221558
Publisher:
Yale University Press
Date of Addition:
Copyrighted By:
Jack M. Balkin
Adult content:
No
Language:
English
Has Image Descriptions:
No
Categories:
History, Nonfiction, Gay, Lesbian, Bisexual and Transgender, Social Studies, Law, Legal Issues and Ethics
Submitted By:
Bookshare Staff
Usage Restrictions:
This is a copyrighted book.
Edited by:
Jack M. Balkin

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