The Liberal Case Against Same-Sex Marriage Prohibitions

Download Edit this record How to cite View on PhilPapers
Abstract
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 SSM prohibitions and account for my reservations about it. Then, I shall propose an alternative argument with roots in constitutional law that since SSM prohibitions do not survive liberal scrutiny, they must be rejected.
Categories
PhilPapers/Archive ID
BARTLC-2
Revision history
Archival date: 2009-08-28
View upload history
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Added to PP index
2009-08-29

Total views
557 ( #5,941 of 45,579 )

Recent downloads (6 months)
60 ( #12,471 of 45,579 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks to external links.