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  1. Same-Sex Marriage and the Charge of Illiberality.Peter Brian Barry - 2011 - Social Theory and Practice 37 (2):333-357.
    However liberalism is best understood, liberals typically seek to defend a wide range of liberty. Since same-sex marriage [henceforth: SSM] prohibitions limit the liberty of citizens, there is at least some reason to suppose that they are inconsistent with liberal commitments. But some have argued that it is the recognition of SSM—not its prohibition—that conflicts with liberalism’s commitments. I refer to the thesis that recognition of SSM is illiberal as “The Charge.” As a sympathetic liberal, I take The Charge seriously (...)
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  2. The Liberal Case Against Same-Sex Marriage Prohibitions.Peter Brian Barry - manuscript
    Experience clearly suggests that most legal philosophers and ethicists are not surprised to be told that liberal states cannot permissibly prohibit same-sex marriage (henceforth: SSM). It is somewhat less clear just what the appropriate liberal strategy is and should be in defense of this thesis. Rather than try to defend SSM directly, I shall proceed indirectly by arguing that SSM prohibitions are indefensible on liberal grounds. Initially, I shall consider what I take to be the most powerful liberal argument against (...)
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  3. Why Should LGBTQI Marriage Be Legalized.Yang Pachankis - 2022 - Academia Letters 4 (5157).
    Traditional paradigm on marriage equality focused on a humanitarian appeal and was set as a path dependency model on marriage equality for the suppressed regions. However, such gender based focus has largely neglected the multilateral movements underlying the macro- political-economic structures that shaped law as a power political means. Consequentially, LGBTQI existence became marginalized from the public consciousness with structural realist state hierarchies that further undermines the fundamental freedoms of the LGBTQI popula- tion. This makes the question on LGBTQI equal (...)
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  4. The Cultural Revisionist Element behind P. R. China’s Neo-Nazism: A Cross-cultural and Cross-religion Research.Yang Immanuel Pachankis - 2022 - International Journal of Advanced Multidisciplinary Research and Studies 2 (4):435-451.
    Modern and contemporary politics of P. R. China contain many elements similar to neo-Nazism if not anti-communist. The derivation from Communist doctrines was a less-known debate inside the CPC party leadership soon after the declaration on the founding of People’s Republic of China - notably between Mao, Zedong and the state leadership which resulted in the criminalization of the first president Liu, Shaoqi. The researcher, as a self-identified cisgender homosexual male and Christian, observed the cultural revisionist developments of the P. (...)
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  5. ¿Debe el matrimonio igualitario ser la meta de un movimiento progresista?Jesus A. Diaz - 2019 - Cruce 2019 (S1):41-48.
    SPANISH: Las parejas del mismo sexo tienen razón cuando dicen que negarles el matrimonio es discriminar contra ellas; pero otorgar el matrimonio a las parejas del mismo sexo sin dar a familias no conyugales los beneficios que el matrimonio provee remediaría la injusticia hacia las primeras sin subsanar la iniquidad hacia las segundas. Crear una sociedad que favorece solo una opción para reconocer las relaciones de serio compromiso no debe ser la meta de un movimiento progresista. -/- ENGLISH: Same-sex couples (...)
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  6. A Universal Estate: Kant and Marriage Equality.Jordan Pascoe - 2018 - In Larry Krasnoff, Nuria Sánchez Madrid & Paula Satne (eds.), Kant's Doctrine of Right in the 21st Century. Cardiff: University of Wales Press. pp. 220-240.
    This paper explores Kant's account of marriage and its relevance to contemporary debates over same-sex marriage. Kant's defense of marriage is read against debates unfolding in Prussia in the 1790s, when the question of whether marriage was a "universal estate" was a central point of debate surrounding the Prussian Legal Code of 1794. By reading Kant's arguments in light of this historical context, and in comparison with those offered by his contemporaries, Fichte and von Hippel, this article shows both that (...)
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  7. Is Civil Marriage Illiberal?Ralph Wedgwood - 2016 - In Elizabeth Brake (ed.), After Marriage: Rethinking Marital Relationships. Oxford University Press. pp. 29–50.
    This paper defends the institution of civil marriage against the objection that it is inconsistent with political liberalism, and so should be either totally abolished or else transformed virtually beyond recognition.
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  8. Two Models of Disestablished Marriage.Vaughn Bryan Baltzly - 2014 - Public Affairs Quarterly 28 (1):41-69.
    Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the one hand, there is (...)
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  9. Rawls, Political Liberalism, and the Family: A Reply to Matthew B. O'Brien.Greg Walker - 2014 - British Journal of American Legal Studies 3 (1):37-70.
    Responding to an article in a previous issue from Matthew B. O’Brien on the impermissibility of same-sex marriage, this reply corrects a misinterpretation of Rawls’s understanding of political liberalism and a misdirected complaint against the jurisprudence of the U.S. federal courts on civil marriage and other matters. In correcting these interpretations, I seek to demonstrate that a publicly reasonable case for same-sex civil marriage is conceivable in line with political liberalism. I conclude the article by arguing that, although the same-sex (...)
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  10. What Marriage Law Can Learn from Citizenship Law.Govind Persad - 2013 - Tul. Jl and Sexuality 22:103.
    Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel (...)
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  11. O dyskryminacji małżeństw homoseksualnych. Odpowiedź Tomaszowi Sieczkowskiemu.Krzysztof Saja - 2013 - Diametros 37:193–209.
    My paper is a reaction to polemic of Tomasz Sieczkowski "Discrimination nonetheless. A reply to Krzysztof Saja” [ICF "Diametros" (36) 2013] that he wrote against my paper "Discrimination against same-sex couples" [ICF “Diametros" (34) 2012]. The purpose of the paper is to refute Sieczkowski’s objections that rely on wrong interpretation of the structure of my main argument. I will describe the proper course of the reasoning that I have expressed in the first article and undermine the Sieczkowski’s proposal to justify (...)
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  12. O dyskryminacji par jednopłciowych.Krzysztof Saja - 2012 - Diametros 34:92–115.
    In my paper I discuss the argument that the absence of the legal possibility to contract same-sex marriages is discriminatory. I argue that there is no analogy between the legal situation of same-sex couples and African-Americans, women or disabled persons in the nineteenth century. There are important natural differences between same-sex and different-sex couples that are good reasons for the legal disparities between them. The probability of having and raising children is one of them. Therefore, demanding that same-sex couples have (...)
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  13. Misrecognition, Marriage and Derecognition.Christopher F. Zurn - 2012 - In Shane O'Neill Nicholas H. Smith (ed.), Recognition Theory as Social Research: Investigating the Dynamics of Social Conflict. Palgrave-Macmillan.
    Contemporary recognition theory has developed powerful tools for understanding a variety of social problems through the lens of misrecognition. It has, however, paid somewhat less attention to how to conceive of appropriate responses to misrecognition, usually making the tacit assumption that the proper societal response is adequate or proper affirmative recognition. In this paper I argue that, although affirmative recognition is one potential response to misrecognition, it is not the only such response. In particular, I would like to make the (...)
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  14. Queering Kierkegaard: Sin, Sex and Critical Theory.Ada Jaarsma - 2010 - Journal for Cultural and Religious Theory 10 (3):64-89.
    There is an uncanny agreement between the queer rejection of marriage, which resists affirming the legal recognition of same-sex relationships on the grounds that it codifies and normalizes non-heterosexual desire, and the religious objections to gay rights in North America, which oppose legal recognition on the grounds that it compromises the meaning of marriage and family. This article examines the relevance of Kierkegaard’s religious existentialism for the broader queer project of undermining the “normal” and moving beyond identity politics. It offers (...)
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  15. Rethinking the Secular in Feminist Marriage Debates.Ada S. Jaarsma - 2010 - Studies in Social Justice 4 (1):47-66.
    The religious right often aligns its patriarchal opposition to same-sex marriage with the defence of religious freedom. In this article, I identify resources for confronting such prejudicial religiosity by surveying two predominant feminist approaches to same-sex marriage that are often assumed to be at odds: discourse ethics and queer critical theory. This comparative analysis opens up to view commitments that may not be fully recognizable from within either feminist framework: commitments to ideals of selfhood, to specific conceptions of justice, and (...)
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  16. Goodridge et al. v. Departamento de Salud Pública.Jesus A. Diaz - 2008 - In Isabel Ríos Torres (ed.), Actas del Primer Coloquio Nacional ¿Del Otro La’o? Perspect9vas Sobre Sexualidades Diversas. Centro de Publicaciones Académicas. pp. 201 - 219.
    ESPAÑOL: Similar a Baehr v. Miike en Hawaii (1993), Goodridge fue la primera decisión de un tribunal supremo estatal en Estados Unidos que concluyó que las parejas del mismo sexo tienen derecho al matrimonio. La traducción contiene los segmentos más importantes de Goodridge. ENGLISH: Similar to Baehr v. Miike in Hawaii (1993), Goodridge was the first time a state Supreme Court in the United States ruled that same-sex couples have the right to marry. The translation (English to Spanish) contains Goodridge’s (...)
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  17. La Importancia del Matrimonio.Jesus A. Diaz - 2008 - In Isabel M. Ríos Torres (ed.), Actas del Primer Coloquio Nacional ¿Del Otro La'o? Perspectivas Sobre Sexualidades Diversas. Centro de Publicaciones Académicas. pp. 183 - 200.
    ESPAÑOL: Traducción de segmentos de los capítulos 1 y 6 del libro de Evan Wolson’s Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. (New York: Simon and Schuster, 2004). ENGLISH: Translation (English to Spanish) of segments from chapters 1 and 6 of Evan Wolfson’s Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. (New York: Simon and Schuster, 2004).
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  18. Commentary on Nancy Nicol’s Politics of the Heart: Recogniiton of Homoparental Families.Shelley M. Park - 2008 - Florida Philosophical Review 8 (1):157-163.
    This paper comments on the strategies and goals of a politics of recognition as celebrated by Nancy Nicol’s important documentary coverage of the gay and lesbian movement for family rights in Quebec. While agreeing that ending legal discrimination against lgbt families is important, I suggest that political recognition of same-sex families and their children is a too limited goal for queer families and their allies. Moreover, it is a goal, I argue, that often trades on trades on troublesome assumptions about (...)
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  19. A Populist Argument for Same-Sex Marriage.Alex Rajczi - 2008 - The Monist 91 (3-4):475-505.
    The paper argues that same-sex marriage ought to be legalized. The argument is ecumenical and appeals only to basic principles of liberal government. Specifically, the paper argues that if the government is offering an opportunity to one group, then it may not withhold the opportunity from another on the ground that the people receiving it are immoral or that their receipt of the opportunity would spread immoral messages. The only acceptable ground is that the group’s receipt would cause wrongful harm (...)
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  20. Gay Marriage: The Victory of Political Correctness and Bad Arguments.Neven Sesardic - 2007 - Prolegomena 6 (1):5-28.
    Many Western intellectuals, especially those in humanities and social sciences, think that it can be easily shown that the persistent and massive opposition to same-sex marriage is rationally indefensible and that it is merely a result of prejudice or religious fanaticism. But a more detailed analysis of some of these widely accepted arguments against the conservative position reveals that these arguments are in fact based on logical fallacies and serious distortions of conservative criticisms of homosexual marriage. It is concluded that (...)
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  21. A Kantian Conception of Rightful Sexual Relations: Sex, (Gay) Marriage and Prostitution.Helga Varden - 2006 - Social Philosophy Today 22:199-218.
    This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...)
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  22. Brief Refutations of Some Common Arguments against Same-Sex Marriage.Benjamin A. Gorman - 2004 - American Philosophical Association Newsletter on Philosophy and Lesbian, Gay, Bisexual, and Transgender Issues 4 (1):13-15.
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  23. Minimal Marriage.Zraik Bara - manuscript
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