In November 1998, the Hawaii and Alaska electorates voted to amend their state constitutions so that same-sex marriages would not have to be recognized. Rather than end the controversy surrounding same-sex marriages, the passage of these amendments will only spur more litigation, because the referenda themselves implicate constitutional guarantees and because amending a state constitution cannot lessen federal constitutional protections. Since same-sex marriages promote many of the same individual and state interests that opposite-sex marriages do, states will be unable to justify their same-sex marriage bans if those rationales are closely examined. When challenged, the recent constitutional amendments in Hawaii and Alaska may well be held unconstitutional by the state supreme courts on federal constitutional grounds, although ultimately the United States Supreme Court will likely be asked to resolve the relevant issues.Suppose that state same-sex marriage bans are held not to violate federal constitutional guarantees, but that one state nonetheless recognizes such unions. The other states will be permitted to refuse to recognize marriages celebrated in that state only if certain conditions have been met. Contrary view notwithstanding, the law of nature exception will not apply in this case. Further, even the Defense of Marriage Act will likely not afford states the right to refuse to recognize any and all same-sex marriages validly celebrated in sister states.

The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections

Strasser, Mark

Legal Theory & Systems

Praeger

The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner.
Discussing the constitutional implications of civil unions with a special focus on how they might be treated in the interstate context, Strasser explains how the courts and commentators have reworked and significantly weakened a variety of constitutional protections in their attempts to establish that same-sex couples are not afforded constitutional protections. He further suggests that the constitutional protections for religion support rather than undermine the constitutional protection of same-sex unions.

On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads

Politics & Social Sciences

Social Sciences

In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision.Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant.The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions―that marriage exists to provide a setting for the production and raising of children―is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.

Legally Wed: Same-Sex Marriage and the Constitution

Self-Help

Relationships

Cornell University Press

In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision.
Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant.
The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions―that marriage exists to provide a setting for the production and raising of children―is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. 
Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. 
Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. 
In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.

Religion, Education and the State: An Unprincipled Doctrine in Search of Moorings (Law, Justice and Power)

In the context of education, Church and State issues are of growing importance and appear to be increasingly divisive. This volume critically examines the developing jurisprudence relating to religion in the schools beginning with Everson v. Board of Education, where the US Supreme Court discussed the wall of separation between Church and State. The study traces both how the Court's views have evolved during this period and how, through recharacterizations of past opinions and the facts underlying them, the Court has appeared to interpret Establishment Clause guarantees in light of the past jurisprudence when in reality that jurisprudence has been turned on its head. The Court not only offers an unstable jurisprudence that is more likely to promote than avoid the problems that the Establishment Clause was designed to prevent, but approaches Establishment Clause issues in a way that decreases the likelihood that an acceptable compromise on these important issues can be reached. The study focuses on the situation in the US but the important issue of religion, education and the state has great relevance in many jurisdictions.

Reference

Routledge

In the context of education, Church and State issues are of growing importance and appear to be increasingly divisive. This volume critically examines the developing jurisprudence relating to religion in the schools beginning with Everson v. Board of Education, where the US Supreme Court discussed the wall of separation between Church and State. The study traces both how the Court's views have evolved during this period and how, through recharacterizations of past opinions and the facts underlying them, the Court has appeared to interpret Establishment Clause guarantees in light of the past jurisprudence when in reality that jurisprudence has been turned on its head. The Court not only offers an unstable jurisprudence that is more likely to promote than avoid the problems that the Establishment Clause was designed to prevent, but approaches Establishment Clause issues in a way that decreases the likelihood that an acceptable compromise on these important issues can be reached. The study focuses on the situation in the US but the important issue of religion, education and the state has great relevance in many jurisdictions.

Questions &amp; Answers: Family Law, Third Edition, contains over 220 questions plus a practice final exam. These questions reflect the significant changes that have occurred since the last edition, such as the recognition of same-sex marriage nationwide, and some of the state practices that continue to diverge, including the role, if any, played by fault in divorce; which property is subject to distribution upon divorce; the protections, if any, that are afforded to individuals who have been in a cohabiting relationship; the conditions, if any, under which third parties are permitted to seek custody or visitation; and the kinds of prenuptial or postnuptial agreements that will be enforceable. For each multiple-choice question, Professor Strasser provides a detailed answer that indicates which of the four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, Professor Strasser provides a thoughtful, comprehensive yet brief model answer.

Questions & Answers: Family Law (Questions & Answers Series)

Family Law

Carolina Academic Press

Law Practice

This concise casebook introduces students to basic family law doctrines in the context of moral and policy debates. The 24 chapters discuss family law regulation of the formation, continuation, and dissolution of horizontal (adult) and vertical (parent-child) family relationships. Each chapter includes cases, statutes, short notes (emphasizing the variations among state laws), problems, and a review of multiple perspectives that have influenced the development of the relevant family law doctrines, rules and policies. The second edition has been updated to include cases and perspectives that reflect the continued evolution of family law doctrines, practice, and policy.

Family Law From Multiple Perspectives: Cases and Commentary (American Casebook Series)

Wardle, Lynn

Kohm, Lynne

Washington, Tanya

West Academic Publishing

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

See the best price to sell, buy, or rent books by Strasser, Mark. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Strasser, Mark

See the best price to sell, buy, or rent books by Strasser, Mark. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections

On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads

Legally Wed: Same-Sex Marriage and the Constitution

Legally Wed: Same-Sex Marriage and the Constitution

Religion, Education and the State: An Unprincipled Doctrine in Search of Moorings (Law, Justice and Power)

Religion, Education and the State: An Unprincipled Doctrine in Search of Moorings (Law, Justice and Power)

Questions & Answers: Family Law (Questions & Answers Series)

Questions & Answers: Family Law (Questions & Answers Series)

Family Law From Multiple Perspectives: Cases and Commentary (American Casebook Series)

Family Law From Multiple Perspectives: Cases and Commentary (American Casebook Series)