Legally wed : same-sex marriage and the Constitution /

Strasser provides an excellent review and analysis of the constitutional arguments surrounding the same-sex marriage issue and the nonconstitutional arguments that have been introduced into the constitutional debate. He delineates the argument by systematically discussing the issues: the definition of marriage; the equal protection clause and how the courts have applied tests of strict scrutiny, heightened scrutiny, and rational basis; the due process clause, including the fundamental interest of the state in marriage and the right to choose whom to marry; custody and adoption issues and family structure; the "full faith and credit" clause, which reserves powers to the states; and the "defense of marriage" act, which Strasser argues is unconstitutional based on the full faith and credit clause. The book is exceptional in its comprehensive citation of cases from all levels of courts and in its footnotes of materials and arguments, and an excellent constitutional argument that captures the context of the issue. Accessibly written and appropriate for all levels, from general readers to students, researchers, and practitioners. E. D. Riggle; University of Kentucky

Strasser (law, Capital Univ., Columbus, Ohio) here analyzes the arguments against same-sex marriage one by one and concludes that none achieves legal credibility. He reviews the bars on marriage based on definition, procreation, custody, and protection of children and the debates centered on equal protection. Looking at the recently passed Defense of Marriage Act, he concludes that it may be unconstitutional. The logic of the case presented by Strasser will be debated by lawyers and its success or failure decided by judges in the years to come. As such, this is of great current relevance, but much of the material has already appeared in law reviews, and the legal language may make it more appropriate for special and academic collections. Public libraries should consider Andrew Sullivan's Same-Sex Marriage, Pro and Con (LJ 3/15/97).‘Jeffery Ingram, Newport P.L., Ore. (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.