The Gay Rights Question in Contemporary American Law
The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.
1. Equal Protection and Invidious Intent
2. The Right to Privacy?
3. The Sex Discrimination Argument, and Objections
4. Why Discriminate?
5. Choice of Law and Public Policy
6. Dumb and DOMA: Why the Defense of Marriage Act Is Unconstitutional
Epilogue: The Limitations of the Courts