Liberal Constitutionalism, Marriage, and Sexual Orientation
A Contemporary Case for Dis-Establishment
Format:Paperback
Publisher:Peter Lang Publishing Inc
Published:29th Nov '02
Currently unavailable, and unfortunately no date known when it will be back
Liberal Constitutionalism, Marriage, and Sexual Orientation: A Contemporary Case for Dis-Establishment uses constitutional theory and political philosophy to shed light on an elusive feature of American jurisprudence: the establishment of a sectarian preference in the law to the detriment of American citizens who happen to be gay or lesbian and who wish to exercise their fundamental right to marry. Reviewing aspects of liberal-democratic theory, marriage law, and pertinent analogies that deal with the right to marry, Gordon Albert Babst presents the notion of the «shadow establishment,» which makes the best sense of a constitutional affirmation of bias against same-sex marriage and gay persons in the law.
«This is an almost perfectly written, very well researched, and very concise book. Its argument for the ‘shadow establishment’ of religion in the United States is a major intellectual and political contribution to the popular, as well as academic and judicial, debates. The argument is well made, and its logic contributes to clarifying the boundary-line between the secular and the sectarian. This book will be of interest to students of American politics and policymaking, women’s studies, gay and lesbian studies, and political theory.» (Terrell Carver, University of Bristol, United Kingdom)
«Through his notion of a ‘shadow establishment’ of religion, Dr. Babst has here made an original contribution to constitutional thought at the same time as he has advanced the argument about same-sex marriage.» (H.N. Hirsch, G. Theodore Mitau Professor of Political Science, Macalester College)
ISBN: 9780820455334
Dimensions: unknown
Weight: 240g
158 pages
New edition