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.
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