What Obergefell v. Hodges Should Have Said

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

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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.


Book Synopsis What Obergefell v. Hodges Should Have Said by : Jack M. Balkin

Download or read book What Obergefell v. Hodges Should Have Said written by Jack M. Balkin and published by Yale University Press. This book was released on 2020-11-24 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Love Wins

Love Wins

Author: Debbie Cenziper

Publisher: HarperCollins

Published: 2016-06-14

Total Pages: 228

ISBN-13: 0062456091

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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.


Book Synopsis Love Wins by : Debbie Cenziper

Download or read book Love Wins written by Debbie Cenziper and published by HarperCollins. This book was released on 2016-06-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Marriage Equality

Marriage Equality

Author: Jason Porterfield

Publisher: Enslow Publishing, LLC

Published: 2016-12-15

Total Pages: 128

ISBN-13: 076608437X

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This groundbreaking case, with much pressure from suing parties across the country and a great amount of controversy, granted the “dignity of marriage” to same-sex couples. Readers will find out all about the background of the case, how it made it to the Supreme Court, and why the court decided for same-sex marriage. Also included are questions to consider, primary source documents, and a chronology of the case.


Book Synopsis Marriage Equality by : Jason Porterfield

Download or read book Marriage Equality written by Jason Porterfield and published by Enslow Publishing, LLC. This book was released on 2016-12-15 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking case, with much pressure from suing parties across the country and a great amount of controversy, granted the “dignity of marriage” to same-sex couples. Readers will find out all about the background of the case, how it made it to the Supreme Court, and why the court decided for same-sex marriage. Also included are questions to consider, primary source documents, and a chronology of the case.

Marriage Equality

Marriage Equality

Author: William N. Eskridge, Jr.

Publisher: Yale University Press

Published: 2020-08-18

Total Pages: 1041

ISBN-13: 0300221819

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The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.


Book Synopsis Marriage Equality by : William N. Eskridge, Jr.

Download or read book Marriage Equality written by William N. Eskridge, Jr. and published by Yale University Press. This book was released on 2020-08-18 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.

What Obergefell V. Hodges Should Have Said

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

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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.


Book Synopsis What Obergefell V. Hodges Should Have Said by : Jack M. Balkin

Download or read book What Obergefell V. Hodges Should Have Said written by Jack M. Balkin and published by Yale University Press. This book was released on 2021-01-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An Introduction to Constitutional Law

An Introduction to Constitutional Law

Author: Randy E. Barnett

Publisher: Aspen Publishing

Published: 2023-02-28

Total Pages: 473

ISBN-13:

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An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.


Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett

Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

Obergefell V. Hodges

Obergefell V. Hodges

Author: Michigan Legal Michigan Legal Publishing Ltd.

Publisher: CreateSpace

Published: 2015-06-26

Total Pages: 94

ISBN-13: 9781514742792

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A case which will cause controversy for years to come, Obergefell v. Hodges was the U.S. Supreme Court case that declared same-sex marriage the law of the land. This edition of the full text of the Court's ruling, written by Justice Anthony Kennedy, also includes all four dissents, written by Chief Justice Roberts, Justice Scalia, Justice Thomas, and Justice Alito.


Book Synopsis Obergefell V. Hodges by : Michigan Legal Michigan Legal Publishing Ltd.

Download or read book Obergefell V. Hodges written by Michigan Legal Michigan Legal Publishing Ltd. and published by CreateSpace. This book was released on 2015-06-26 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: A case which will cause controversy for years to come, Obergefell v. Hodges was the U.S. Supreme Court case that declared same-sex marriage the law of the land. This edition of the full text of the Court's ruling, written by Justice Anthony Kennedy, also includes all four dissents, written by Chief Justice Roberts, Justice Scalia, Justice Thomas, and Justice Alito.

Accidental Activists

Accidental Activists

Author: David Collins

Publisher: University of North Texas Press

Published: 2017-08-15

Total Pages: 448

ISBN-13: 1574417037

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In early 2013 same-sex marriage was legal in only ten states and the District of Columbia. That year the Supreme Court’s decision in United States v. Windsor appeared to open the door to marriage equality. In Texas, Mark Phariss and Vic Holmes, together for sixteen years and deeply in love, wondered why no one had stepped across the threshold to challenge their state’s 2005 constitutional amendment prohibiting same-sex marriage. They agreed to join a lawsuit being put together by Akin Gump Strauss Hauer & Feld LLD. Two years later—after tense battles in the Federal District Court for the Western District of Texas and in the Fifth Circuit Court of Appeals, after sitting through oral arguments at the Supreme Court of the United States in Obergefell v. Hodges—they won the right to marry deep in the heart of Texas. But the road they traveled was never easy. Accidental Activists is the deeply moving story of two men who struggled to achieve the dignity of which Justice Anthony Kennedy spoke in a series of Supreme Court decisions that recognized the “personhood,” the essential humanity of gays and lesbians. Author David Collins tells Mark and Vic’s story in the context of legal and social history and explains the complex legal issues and developments surrounding same-sex marriage in layman’s terms.


Book Synopsis Accidental Activists by : David Collins

Download or read book Accidental Activists written by David Collins and published by University of North Texas Press. This book was released on 2017-08-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In early 2013 same-sex marriage was legal in only ten states and the District of Columbia. That year the Supreme Court’s decision in United States v. Windsor appeared to open the door to marriage equality. In Texas, Mark Phariss and Vic Holmes, together for sixteen years and deeply in love, wondered why no one had stepped across the threshold to challenge their state’s 2005 constitutional amendment prohibiting same-sex marriage. They agreed to join a lawsuit being put together by Akin Gump Strauss Hauer & Feld LLD. Two years later—after tense battles in the Federal District Court for the Western District of Texas and in the Fifth Circuit Court of Appeals, after sitting through oral arguments at the Supreme Court of the United States in Obergefell v. Hodges—they won the right to marry deep in the heart of Texas. But the road they traveled was never easy. Accidental Activists is the deeply moving story of two men who struggled to achieve the dignity of which Justice Anthony Kennedy spoke in a series of Supreme Court decisions that recognized the “personhood,” the essential humanity of gays and lesbians. Author David Collins tells Mark and Vic’s story in the context of legal and social history and explains the complex legal issues and developments surrounding same-sex marriage in layman’s terms.

Love Unites Us

Love Unites Us

Author: Kevin M. Cathcart

Publisher: New Press, The

Published: 2014-04-01

Total Pages: 386

ISBN-13: 1620971771

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Firsthand accounts from the attorneys and advocates who brought the historic cases and fought to secure the freedom to marry for same-sex couples. The June 2015 decision in Obergefell v. Hodges was a sweeping victory for the freedom to marry, but it was one step in a long process. Love Unites Us is the history of activists’ passion and persistence in the struggle for marriage rights for same-sex couples in the United States, told in the words of those who waged the battle. Launching the fight for the freedom to marry had neither an obvious nor an uncontested strategy. To many activists, achieving marriage equality seemed far-fetched, but the skeptics were proved wrong in the end. Proactive arguments in favor of love, family, and commitment were more effective than arguments that focused on rights and the goal of equality at work. Telling the stories of people who loved and cared for one another, in sickness and in health, cut through the antigay noise and moved people—not without backlash and not overnight, but faster than most activists and observers had ever imagined. With compelling stories from leading attorneys and activists including Evan Wolfson, Mary L. Bonauto, Jon W. Davidson, and Paul M. Smith, Love Unites Us explains how gay and lesbian couples achieved the right to marry. “An exceptional piece of work by courageous and innovative leaders.” —Eric H. Holder Jr., 82nd US attorney general “Captures the amazing story of the fight for marriage equality—in California and around the country. A remarkable journey recounted with truth and eloquence.” —Gavin Newsom, governor of California


Book Synopsis Love Unites Us by : Kevin M. Cathcart

Download or read book Love Unites Us written by Kevin M. Cathcart and published by New Press, The. This book was released on 2014-04-01 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firsthand accounts from the attorneys and advocates who brought the historic cases and fought to secure the freedom to marry for same-sex couples. The June 2015 decision in Obergefell v. Hodges was a sweeping victory for the freedom to marry, but it was one step in a long process. Love Unites Us is the history of activists’ passion and persistence in the struggle for marriage rights for same-sex couples in the United States, told in the words of those who waged the battle. Launching the fight for the freedom to marry had neither an obvious nor an uncontested strategy. To many activists, achieving marriage equality seemed far-fetched, but the skeptics were proved wrong in the end. Proactive arguments in favor of love, family, and commitment were more effective than arguments that focused on rights and the goal of equality at work. Telling the stories of people who loved and cared for one another, in sickness and in health, cut through the antigay noise and moved people—not without backlash and not overnight, but faster than most activists and observers had ever imagined. With compelling stories from leading attorneys and activists including Evan Wolfson, Mary L. Bonauto, Jon W. Davidson, and Paul M. Smith, Love Unites Us explains how gay and lesbian couples achieved the right to marry. “An exceptional piece of work by courageous and innovative leaders.” —Eric H. Holder Jr., 82nd US attorney general “Captures the amazing story of the fight for marriage equality—in California and around the country. A remarkable journey recounted with truth and eloquence.” —Gavin Newsom, governor of California

Wedlocked

Wedlocked

Author: Katherine Franke

Publisher: NYU Press

Published: 2015-11-06

Total Pages: 287

ISBN-13: 1479815748

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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.


Book Synopsis Wedlocked by : Katherine Franke

Download or read book Wedlocked written by Katherine Franke and published by NYU Press. This book was released on 2015-11-06 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.