pt. I. The challenge of same sex marriage. Introduction ; Reason and prejudice: is the heterosexual monopoly on marriage rational? ; Looking for stricter scrutiny: sexism, heterosexism, and class-based equal protection
pt. II. Marriage as a fundamental constitutional right. The fundamental right to marry ; Same-sex marriage and the fundamental right to marry
pt. III. Rights and equality. Should courts create new rights? ; Identifying fundamental rights
pt. IV. Rights in a democratic society. Democracy, neutrality and consistency of principle ; Principles and practicalities.