Introduction -- Equal protection and invidious intent -- The right to privacy -- The sex discrimination argument, and objections -- Why discriminate? -- Choice of law and public policy -- Dumb and doma: why the Defense of Marriage Act is unconstitutional -- The limitations of courts.
Summary
The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. 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.
