American Constitutionalism, Marriage, and the Family

This edited volume in American constitutionalism places the Supreme Courts declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Courts developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Courts affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Courts recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.