Part I. The Challenge of Same Sex Marriage: 1. Introduction 2. Reason and prejudice: is the heterosexual monopoly on marriage rational 3. Looking for stricter scrutiny: sexism, heterosexism, and class-based equal protection Part II. Marriage as a Fundamental Right: 4.The fundamental right to marry 5. Same-sex marriage and the fundamental right to marry Part III. Rights and Equality: 6. Should courts create new rights 7. Identifying fundamental rights Part IV. Rights in a Democratic Society: 8. Democracy, neutrality and consistency of principle 9. Principles and practicalities Bibliography.
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