Same-Sex Marriage and the Constitution

Same-Sex Marriage and the Constitution Review

Want to read a really good book setting out the case for the Constitutionality of same-sex marriage? This is it.

There are lots of books out there making the argument that recognition of same-sex marriage is a good idea. This is one of very few devoted solely to the case that the Constitution _requires_ such recognition. And it's very well-reasoned.

This book was being prepared for publication as _Lawrence v. Texas_ was decided, so you might think it would be outdated. But it isn't; that decision reinforces Gerstmann's analysis almost point by point.

I say 'almost' because _Lawrence_ was decided under the Due Process Clause, whereas Gerstmann thinks that fundamental rights are better regarded as founded in the Equal Protection Clause. (I disagree with him there, by the way, and I also wonder why he doesn't consider the Privileges and Immunities Clause. On the other hand, he gets extra credit for favorably considering the Ninth Amendment.)

But in the end it doesn't matter, because Gerstmann's argument is firmly grounded in the fact that the Supreme Court has long recognized the right to marry as a fundamental right. (Where that right is 'located' in the Constitution is a separate and subsidiary question.) This fundamental-right approach yields, on Gerstmann's view (and mine), a much more tenable analysis than the more common equal-protection approach. (And of course _Lawrence_ relied on a liberty-rights analysis in striking down state anti-'sodomy' laws -- which is why Gerstmann's analysis gets a fresh boost from that landmark decision.)

There are lots of other analytical treats throughout. For example, Gerstmann devotes the better part of a chapter to an argument that _Loving v. Virginia_ doesn't really provide a good analogy to same-sex marriage. He faces head-on the problems associated with judicial 'creation' of rights and offers a four-point pragmatic test for when it's okay. And he dismantles 'original intent'-based Constitutional interpretation by taking on the most capable and nuanced of its defenders.

(He also does a bang-up job setting out all the things that are _wrong_ with reliance on current Equal Protection jurisprudence. That won't surprise readers of Gerstmann's earlier book, _The Constitutional Underclass_, which I also highly recommend.)

But the best (and most important) part by far is the analysis of the right to marry as a fundamental right that encompasses same-sex marriage. This portion of Gerstmann's analysis should _gain_ in importance as post-_Lawrence_ courts address the Constitutionality of same-sex marriage bans. (And so should his argument that proponents of same-sex marriage should hold out for full-blown _marriage_ rather than, as William Eskridge has counselled, be at least temporarily satisfied with 'domestic partnerships' or 'civil unions'.)

My own opinion is that recognition of same-sex civil marriages is indeed required under the Constitution -- and since I held that opinion before reading Gerstmann's book, I may not be a good test of his persuasiveness. (I'm also a lawyer, so I can't tell you how 'readable' the book will be for non-lawyers.) But I find Gerstmann's argument cogent and, for the most part, right on the money.

Same-Sex Marriage and the Constitution Overview

The revised and expanded second edition of Same-Sex Marriage and the Constitution makes the case that the Constitution has long protected the right to marry, and that this protection includes the right to marry a person of the same gender. No other book makes this argument. This book addresses other issues, such as why same-sex marriage is completely different, both practically and constitutionally, from polygamy and incest, and it debunks the myth that pro-same-sex marriage decisions have created a backlash against either gays and lesbians or the Democratic Party.

Available at Amazon Check Price Now!

*** Product Information and Prices Stored: Aug 13, 2010 11:19:05

Hopeful Solutions For Your Sexless Marriage - Book Review

Sex and intimacy can be a very difficult subject to talk about with your spouse at times which can seem strange when a couple is suppose to be so close to each other that these subjects should be easy to converse about. The reality is that it is difficult and can make you anxious and can often cause arguments and fights when a lack of intimacy causes problems.

'Hopeful Solutions for Your Sexless Marriage' is a downloadable guide that can help you find a way to overcome these difficulties and bring intimacy and sex back to a relationship gone cold. Dr Andrew Atwood is the author of this e-book and has some serious credentials behind him as a marriage and family therapist & social worker for over 30 years.

So what is it about this guide that can actually help a marriage or relationships struggling with a lack of sex?

Firstly, Dr Atwood has compiled a mammoth amount of information in his guide with 50 chapters in total covering an amazing variety of situations, solutions and advice that can apply to your particular situation as everyone's problems are different.

Secondly, the book is insightful on a level that goes well beyond the bedroom and really shows that these problems are not a result of the first thing that we think of ... sexuality. Covering the psychology, differences between men and women, family politics, power struggles, anxiety and much more along with the more physical aspects of a sexless marriage.

Thirdly, Dr Atwood creates a process for a couple to follow or even one dissatisfied partner. Not quite step-by-step but a good framework to make communication easier and a map to go forward to the next step to bringing back the intimacy.

Now while there are a lot of good points there are a few niggles and issues that can be found.

The large amount of information can sometimes be confusing and overwhelming if you approach it in the wrong way. Dr Atwood has constructed the book to be like a journey and you are benefited if you follow the book the way he intended but if you skip around it tends to become a mess. This is not a massive problem but you will not be able to just skip to the chapter that you want and find a solution; it is constructed as a journey not a trouble shooting guide.

Also the style of writing can be a tad silly which he does even admit on his website. He overuses the 'car journey' metaphor a bit too much which can be tiresome but it is forgivable in the context of his philosophy and his attempt to make the difficult easier to talk about.

So overall 'Hopeful Solutions for Your Sexless Marriage' is a worth downloading for those in this frustrating situation. It can be used by anyone but is best for couples seeking an answer together or a relationship where both partners are at least somewhat willing to engage in the journey with their spouse more than those who are trying to somehow cause a change without involving their partner in their schemes.

Better Sex in a Christian Marriage - 5 Things You Can Do to Improve Your Sex Lives!

A goal of every Christian married couple should be how to have better sex in a Christian marriage. Christians deserve exciting and pleasurable sex lives and should take action to achieve amazing intimacy. Here are 5 ways to take action!

1. Create time for intimacy. This doesn't mean creating a set date and time every week for sex. Think bigger. Create a weekend getaway or even just an evening getaway. Simply going out for a nice dinner and checking into a nice local hotel for a night can be a great way to create time for intimacy. But it doesn't always have to be a getaway, it can also just be a nice evening at home. Whatever the case make this a routine thing. Every month or two set aside an extra special time to become extra intimate with one another in a romantic setting.

2. New Positions. There are a slew of exciting and fun sex positions that are completely allowable for Christian intimacy. Many Christians are under the impression that only a few positions are allowable. But that's not the case. Most positions are fine to perform as long as they are safe and you both are in agreement over them.

3. New Intimacy Techniques. Just like positions, there are exciting and pleasurable sex techniques available for Christians. Learning how to please one another should be of top priority when wishing to improve your sex lives. Find out what your partner likes and then learn new ways to make it very pleasurable. There are excellent Christian intimacy and sex manuals written specifically for Christians that will provide a slew of pleasurable techniques.

4. Oils and Lubricants. Many couples don't realize that simply adding in erotic oils and lubricants can make a huge difference in sex. They greatly increase pleasure, while being very accessible and easy to use.

5. Christian Sex Book or Guide. As briefly mentioned already, you can gain a slew of knowledge by consulting a good Christian intimacy guide. You'll learn specific techniques, what is allowed and what is not, as well as providing common questions regarding sex in a Christian marriage.

Laura Bush For Gay Marriage & Pro-Choice!

Promoting her book "Spoken From The Heart" former first lady Laura Bush reveals she disagreed with George on gay marriage and abortion.

Prop 8 and Interracial Marriage Laws - Scotty McLennan

Complete video at: fora.tv Rev. Scotty McLennan recalls California's groundbreaking repeal of its anti-miscegenation laws in 1948. McLennan compares the issue to the recent Prop 8 ruling and speculates on the future of gay marriage. "We're still quite a ways away from it," he says. ----- Rev. Scotty McLennan talks about his book, Jesus Was a Liberal: Reclaiming Christianity for All. In Scotty McLennan's bold call to reclaim ownership of Christianity, he advocates a sense of religion based not on doctrinal readings of scripture but on the humanity behind Christ's teachings. He addresses such topics as intelligent design, abortion, same sex marriage, war, torture and much, much more. As he says in the Preface, "We liberal Christians know in our hearts that there is much more to life than seems to meet the rational eye of atheists; yet we find it hard to support supernatural claims about religion that fly in the face of scientific evidence." - Kepler's Books The Rev. Scotty McLennan is the dean for religious life at Stanford University. He was the university Chaplain at Tufts University from 1984 to 2000, and senior lecturer at the Harvard Business School for ten of those years. McLennan received his BA from Yale University in 1970 as a Scholar of the House working in the area of computers and the mind. He received his M.Div. and JD degrees from Harvard Divinity and Law Schools in 1975. In 1975, he was also ordained to the ministry (Unitarian Universalist) and admitted to ...