Feminists have noted the injustice of the institution of marriage and the asymmetric power dynamics within gender-structured marriages. Recently, feminists have found an unexpected supporter of this struggle against marriage in some liberal political theorists. I argue that this new wave of interest in the wrongness of marriage within liberalism reveals shortcomings from a feminist perspective. While some liberals fail to realise that instead of being disestablished, the institution of marriage should be radically reformed, others do not recognise that such (...) a reform should be theorised by starting from our non-idealised conditions of gender inequality and from an analysis of how the institution of marriage intersects with other spheres of gender injustice. This article provides recommendations for the radical reform of marriage by following some methodological premises of feminist theory. To illustrate how the reform of marriage should be theorised, it focuses on the intersection between the sphere of gender injustice represented by immigration and that of marriage. (shrink)

I critically examine how, from a Western cultural perspective of romantic love and Judeo-Christian tradition, certain liberal cultural values and prejudices are used presumptuously to criticize polygamy in African traditions. These criticisms assume, circularly, the superiority of Western cultural monogamous values over African cultural traditional practice of polygamy. I argue that these arguments are specious and particularly unreasonable from an intercultural philosophical perspective. A plausible liberal justification for Western legal imposition of monogamy is to prevent harm. I argue that if (...) polygamy is so harmful as to warrant legal restriction based on the liberal principle of harm, such harm also exists in monogamy. The harm that is falsely associated with polygamy is not the result of polygamy per se but other factors relating to the social-cultural context of the marriage or the character of the individuals in the marriage. (shrink)

Family relationships are often believed to have a unique value; this is reflected both in the special expectations that family members have from each other and in the various ways in which states protect family relationships. Commitment appears to set apart family relationships from other close relationships; however, commitment is in fact present in other close relationships. I conclude that family relationships do not have any special value; love does. In the case of families with children, however, a high degree (...) of commitment between adults may be useful or even necessary for advancing children's wellbeing. This could be a reason to give special protection to relationships between co-parents. (shrink)

Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of JL as the most (...) fundmental reason why laws that recognize marriage only if it is a union between one man and one woman are unjust. In this article I argue that the application of JL in support of legal recognition of SSM does not succeed because the issue under scrutiny—the nature of marriage—is deeply embedded in, and in most cases integral to, many (if not most) citizens’ reasonable comprehensive doctrines. Thus, I argue that because of the effects and consequences of the legal recognition of SSM, it results (or will result) in a violation of JL against dissenting citizens. (shrink)

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition “show[s] a different (...) version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)

This paper responds to arguments that polyamorous groups or care networks do not qualify for equal treatment with marriages. It refutes the points that polyamory is inherently hierarchical or unstable, that there are too few people in such arrangements to mount an argument for recognition, that polyamory harms children, and that there are insurmountable legal and practical hurdles to network marriage. Finally, it respond to the charge that extending recognition to polyamorists will devalue the recognition of same-sex marriage.