The Liberal Case Against Same-Sex Marriage Prohibitions

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.
Keywords same-sex marriage  gay marriage  liberalism  rational basis review  liberty
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
Download options
PhilPapers Archive Peter Brian Barry, The Liberal Case Against Same-Sex Marriage Prohibitions
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

400 ( #4,995 of 1,932,454 )

Recent downloads (6 months)

15 ( #56,493 of 1,932,454 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.