What Obergefell V. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Paperback) (ISBN-13: 9780300221558)

Rewriting the Supreme Court's landmark gay rights decision

Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future.

In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how--through legal imagination and political struggle--arguments once dismissed as "off-the-wall" can later become established in American constitutional law.

Author: Jack M. Balkin
ISBN-10: 030022155X
ISBN-13: 9780300221558
Publisher: Yale University Press
Language: English
Published: 11/24/2020
Pages: 400
Format: Paperback
Weight: 1.30lbs
Size: 9.20h x 6.10w x 1.10d