The Gay Rights Question in Contemporary American Law
Andrew Koppelman
Abstract
The gay rights question asks whether the second-class legal status of gay people should be changed. This book shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. This book 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 ... More
The gay rights question asks whether the second-class legal status of gay people should be changed. This book shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. This book 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? The book sheds new light on all these questions. Sure to upset purists on either side of the debate, this 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.
Keywords:
gay rights,
legal status,
gay equality,
antigay discrimination,
Constitution,
morality,
same-sex unions
Bibliographic Information
Print publication date: 2002 |
Print ISBN-13: 9780226451008 |
Published to Chicago Scholarship Online: March 2013 |
DOI:10.7208/chicago/9780226451039.001.0001 |