David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Social Philosophy Today 26:23-38 (2010)
Addressing controversy over same-sex marriage, I defend the privatization response: disestablish civil marriage, leaving the question of same-sex marriage to private organizations; detach civil rights from erotic affiliation; and grant legal equality through the mechanism of civil unions. However, the privatization response does not fully address one key conservative argument to the effect that (heterosexual) marriage constitutes a public good of such importance that civil society has a sustaining interest in it. I acknowledge the legitimate, even profound, values or goods that marriage promotes, but contend that they are compatible withhomosexuality. Further, I argue that marriage is neither necessary nor sufficient for sustaining the goods that inhere in modern marriage. Thus, it is not clear that marriage is the best way for the state to promote these goods. Finally, I suggest that the core goods of marital commitment are moral and are not the proper subject of state regulation
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Lawrence Torcello (2008). Is the State Endorsement of Any Marriage Justifiable? Same-Sex Marriage, Civil Unions, and the Marriage Privatization Model. Public Affairs Quarterly 22 (1):43-61.
Elizabeth Brake (2010). Minimal Marriage: What Political Liberalism Implies for Marriage Law. Ethics 120 (2):302-337.
Laurie Shrage (2013). Reforming Marriage: A Comparative Approach. Journal of Applied Philosophy 30 (2):107-121.
Joshua D. Goldstein (2011). New Natural Law Theory and the Grounds of Marriage. Social Theory and Practice 37 (3):461-482.
Debra B. Bergoffen (1999). Marriage, Autonomy, and the Feminine Protest. Hypatia 14 (4):18-35.
Ann Ferguson (2007). Gay Marriage: An American and Feminist Dilemma. Hypatia 22 (1):39-57.
Andrew Stivers & Andrew Valls (2007). Same-Sex Marriage and the Regulation of Language. Politics, Philosophy and Economics 6 (2):237-253.
Matthew C. Altman (2010). Kant on Sex and Marriage: The Implications for the Same-Sex Marriage Debate. Kant-Studien 101 (3):309-330.
Timothy F. Murphy (2011). Same-Sex Marriage: Not a Threat to Marriage or Children. Journal of Social Philosophy 42 (3):288-304.
Benjamin A. Gorman (2004). Brief Refutations of Some Common Arguments Against Same-Sex Marriage. American Philosophical Association Newsletter on Philosophy and Lesbian, Gay, Bisexual, and Transgender Issues 4 (1):13-15.
Christopher Arroyo (2011). Same-Sex Marriage, 'Homosexual Desire,' and the Capacity to Love. International Journal of Applied Philosophy 25 (2):171-186.
Alex Rajczi (2008). A Populist Argument for Same-Sex Marriage. The Monist 91 (3-4):475-505.
Added to index2011-12-02
Total downloads23 ( #62,065 of 1,004,652 )
Recent downloads (6 months)1 ( #64,617 of 1,004,652 )
How can I increase my downloads?