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American Constitutionalism, Marriage, and the Family: A Comprehensive Guide

Rudyard Kipling

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Published in American Constitutionalism Marriage And The Family: Obergefell V Hodges And U S V Windsor In Context

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The institution of marriage and family has been a cornerstone of American society for centuries. However, the legal landscape governing marriage and family has undergone significant transformations, particularly in recent decades. American Constitutionalism, Marriage, and the Family provides a comprehensive analysis of the intricate relationship between American constitutionalism and these foundational societal structures.

This book brings together leading scholars in law, history, and political science to explore the legal development of marriage and family law, as well as the social and cultural implications of these changes. Through detailed case studies and expert insights, readers gain a profound understanding of the evolving constitutional principles that have shaped marriage and family law in the United States.

American Constitutionalism, Marriage, and the Family: Obergefell v. Hodges and U.S. v. Windsor in Context

by Scott Yenor

5 out of 5

Language	:	English
File size	:	2788 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	241 pages

Historical Foundations

The book begins by examining the historical foundations of marriage and family in American law. Scholars trace the evolution of marriage from its common law origins to its recognition as a fundamental right protected by the Constitution. They analyze the impact of religious and cultural beliefs on the legal definition of marriage and discuss the changing roles of women and children within the family.

By delving into the historical context, the book provides a solid foundation for understanding the modern legal landscape surrounding marriage and family.

Constitutional Protection

Subsequent chapters delve into the constitutional protection of marriage and family. Experts analyze the landmark Supreme Court decisions that have shaped the legal framework, including Loving v. Virginia, which struck down bans on interracial marriage, and Obergefell v. Hodges, which legalized same-sex marriage nationwide.

The book examines the legal reasoning behind these decisions and explores the implications for the future of marriage and family law. Readers gain a clear understanding of the constitutional principles that protect the rights of individuals and families.

LGBTQ Rights

A significant portion of the book is dedicated to the topic of LGBTQ rights in relation to marriage and family. Scholars discuss the legal battles fought by LGBTQ individuals and couples to gain equal rights and recognition under the law. They analyze the complexities of adoption, surrogacy, and other family-related issues facing LGBTQ families.

Through in-depth analysis, the book provides a comprehensive overview of the legal and social challenges faced by LGBTQ individuals and families, and highlights the progress made towards achieving equality.

Parental Rights

Another important aspect covered in the book is the topic of parental rights. Scholars examine the legal framework governing parental rights and responsibilities, including issues of child custody, education, and medical decision-making. They analyze the balance between parental rights and the best interests of the child, as well as the role of the state in intervening in family matters.

By exploring the complex legal and ethical issues surrounding parental rights, the book provides valuable insights for parents, policymakers, and legal professionals.

Family Law

The book concludes with a comprehensive overview of family law in the United States. Experts discuss the various legal issues that arise within families, including divorce, child support, and domestic violence. They examine the role of family courts and the legal remedies available to individuals and families facing challenges.

This section of the book provides a practical understanding of the legal framework governing family relationships and the options available for resolving family disputes.

American Constitutionalism, Marriage, and the Family is an essential resource for anyone seeking a comprehensive understanding of the legal and social aspects of marriage and family in the United States. Through expert analysis and historical insights, the book provides a deep exploration of the constitutional principles that have shaped these foundational societal structures.

Whether you are a legal professional, scholar, student, or simply interested in the evolving landscape of marriage and family law, this book offers invaluable insights and a comprehensive guide to this complex and ever-changing field.

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American Constitutionalism, Marriage, And The Family Book Cover American Constitutionalism Marriage And The Family: Obergefell V Hodges And U S V Windsor In Context