Gay Rights and the Constitution: Cases and Materials

Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court’s holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution’s commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.

With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.