-PDF Download- What Obergefell V Hodges Should Have Said EBOOK

What Obergefell v. Hodges Should Have Said

Author: Jack M. Balkin

Publisher: Yale University Press

Published: 2020-11-24

Total Pages: 396

ISBN-13: 0300255780

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.

What Obergefell V. Hodges Should Have Said

Author: Jack M. Balkin

Publisher: Yale University Press

Published: 2021-01-12

Total Pages: 396

ISBN-13: 030022155X

DOWNLOAD EBOOK →

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.

What Roe V. Wade Should Have Said

Author: Jack M. Balkin

Publisher: NYU Press

Published: 2023-01-17

Total Pages: 338

ISBN-13: 1479824488

DOWNLOAD EBOOK →

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

Love Wins

Author: Debbie Cenziper

Publisher: HarperCollins

Published: 2016-06-14

Total Pages: 228

ISBN-13: 0062456091

DOWNLOAD EBOOK →

The fascinating and very moving story of the lovers, lawyers, judges and activists behind the groundbreaking Supreme Court case that led to one of the most important, national civil rights victories in decades—the legalization of same-sex marriage. In June 2015, the Supreme Court made same-sex marriage the law in all fifty states in a decision as groundbreaking as Roe v Wade and Brown v Board of Education. Through insider accounts and access to key players, this definitive account reveals the dramatic and previously unreported events behind Obergefell v Hodges and the lives at its center. This is a story of law and love—and a promise made to a dying man who wanted to know how he would be remembered. Twenty years ago, Jim Obergefell and John Arthur fell in love in Cincinnati, Ohio, a place where gays were routinely picked up by police and fired from their jobs. In 2013, the Supreme Court ruled that the federal government had to provide married gay couples all the benefits offered to straight couples. Jim and John—who was dying from ALS—flew to Maryland, where same-sex marriage was legal. But back home, Ohio refused to recognize their union, or even list Jim’s name on John’s death certificate. Then they met Al Gerhardstein, a courageous attorney who had spent nearly three decades advocating for civil rights and who now saw an opening for the cause that few others had before him. This forceful and deeply affecting narrative—Part Erin Brockovich, part Milk, part Still Alice—chronicles how this grieving man and his lawyer, against overwhelming odds, introduced the most important gay rights case in U.S. history. It is an urgent and unforgettable account that will inspire readers for many years to come.

The Engagement

Author: Sasha Issenberg

Publisher: Vintage

Published: 2022-05-31

Total Pages: 929

ISBN-13: 1984898515

DOWNLOAD EBOOK →

A NEW YORK TIMES NOTABLE BOOK OF THE YEAR • The riveting story of the conflict over same-sex marriage in the United States—the most significant civil rights breakthrough of the new millennium "Full of intimate details, battling personalities, heated court cases, public persuasion.” —John Williams, The New York Times On June 26, 2015, the U.S. Supreme Court ruled that state bans on gay marriage were unconstitutional, making same-sex unions legal across the United States. But the road to that momentous decision was much longer than many know. In this definitive account, Sasha Issenberg vividly guides us through same-sex marriage’s unexpected path from the unimaginable to the inevitable. It is a story that begins in Hawaii in 1990, when a rivalry among local activists triggered a sequence of events that forced the state to justify excluding gay couples from marriage. In the White House, one president signed the Defense of Marriage Act, which elevated the matter to a national issue, and his successor tried to write it into the Constitution. Over twenty-five years, the debate played out across the country, from the first legal same-sex weddings in Massachusetts to the epic face-off over California’s Proposition 8 and, finally, to the landmark Supreme Court decisions of United States v. Windsor and Obergefell v. Hodges. From churches to hedge funds, no corner of American life went untouched. This richly detailed narrative follows the coast-to-coast conflict through courtrooms and war rooms, bedrooms and boardrooms, to shed light on every aspect of a political and legal controversy that divided Americans like no other. Following a cast of characters that includes those who sought their own right to wed, those who fought to protect the traditional definition of marriage, and those who changed their minds about it, The Engagement is certain to become a seminal book on the modern culture wars.

Truth Overruled

Author: Ryan T. Anderson

Publisher: Simon and Schuster

Published: 2015-07-14

Total Pages: 256

ISBN-13: 1621574598

DOWNLOAD EBOOK →

"Every leader in America needs to read this book! It's by far the best summary of what's at stake." —Rick Warren The Supreme Court has issued a decision, but that doesn't end the debate. Now that the Supreme Court has ruled, Americans face momentous debates about the nature of marriage and religious liberty. Because the Court has redefined marriage in all 50 states, we have to energetically protect our freedom to live according to conscience and faith as we work to rebuild a strong marriage culture. In the first book to respond to the Supreme Court's decision on same-sex marriage, Ryan Anderson draws on the best philosophy and social science to explain what marriage is, why it matters for public policy, and the consequences of its legal redefinition. Attacks on religious liberty--predicated on the bogus equation of opposition to same-sex marriage with racism--have already begun, and modest efforts in Indiana and other states to protect believers' rights have met with hysterics from media and corporate elites. Anderson tells the stories of innocent citizens who have been coerced and penalized by the government and offers a strategy to protect the natural right of religious liberty. Anderson reports on the latest research on same-sex parenting, filling it out with the testimony of children raised by gays and lesbians. He closes with a comprehensive roadmap on how to rebuild a culture of marriage, with work to be done by everyone. The nation's leading defender of marriage in the media and on university campuses, Ryan Anderson has produced the must-read manual on where to go from here. There are reasonable and compelling arguments for the truth about marriage, but too many of our neighbors haven't heard them. Truth is never on "the wrong side of history," but we have to make the case. We will decide which side of history we are on.

Wedlocked

Author: Katherine Franke

Publisher: NYU Press

Published: 2015-11-06

Total Pages: 287

ISBN-13: 1479815748

DOWNLOAD EBOOK →

Compares today’s same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize. Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves’ involvements with marriage and draws lessons that serve as cautionary tales for today’s marriage rights movements. While “be careful what you wish for” is a prominent theme, they also teach us how the rights-bearing subject is inevitably shaped by the very rights they bear, often in ways that reinforce racialized gender norms and stereotypes. Franke further illuminates how the racialization of same-sex marriage has redounded to the benefit of the gay rights movement while contributing to the ongoing subordination of people of color and the diminishing reproductive rights of women. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free.

Constitutional Courts, Gay Rights and Sexual Orientation Equality

Author: Angioletta Sperti

Publisher: Bloomsbury Publishing

Published: 2017-05-04

Total Pages: 256

ISBN-13: 1782256431

DOWNLOAD EBOOK →

In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Speak Now

Author: Kenji Yoshino

Publisher: Crown

Published: 2015

Total Pages: 386

ISBN-13: 0385348800

DOWNLOAD EBOOK →

"Tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate"--Dust jacket flap.