Search results for 'same-sex marriage' (try it on Scholar)

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  1. Peter Brian Barry (2011). Same-Sex Marriage and the Charge of Illiberality. Social Theory and Practice 37 (2):333-357.score: 540.0
    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 (...)
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  2. Peter Brian Barry, The Liberal Case Against Same-Sex Marriage Prohibitions.score: 540.0
    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 (...)
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  3. Reginald Williams (2011). Same-Sex Marriage and Equality. Ethical Theory and Moral Practice 14 (5):589-595.score: 540.0
    Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important (...)
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  4. Alex Rajczi (2008). A Populist Argument for Same-Sex Marriage. The Monist 91 (3-4):475-505.score: 540.0
    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 (...)
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  5. Timothy F. Murphy (2011). Same-Sex Marriage: Not a Threat to Marriage or Children. Journal of Social Philosophy 42 (3):288-304.score: 540.0
    Some critics of same-sex marriage allege that this kind of union not only betrays the nature of marriage but that it also opens children to various kinds of harm. Same-sex marriage is objectionable, on this view, in its nature and in its effects. A view of marriage as requiring an unassisted capacity to conceive children may be respect as one idea of marriage, but this view need not be understood as marriage itself. (...)
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  6. Alex Rajczi (2008). A Populist Argument for Legalizing Same-Sex Marriage. The Monist 91 (3/4):475-505.score: 540.0
    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 (...)
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  7. Matthew Lister (forthcoming). Review of Corvino and Gallagher, Debating Same-Sex Marriage. [REVIEW] Criminal Law and Philosophy.score: 540.0
    With the recent U.S. Supreme Court cases finding the Defense of Marriage Act unconstitutional and removing impediments to same-sex marriage in California,as well as a number of recent successes in special elections and with legislators inthe U.S. and other countries, we might wonder whether there is still need for a book debating same-sex marriage. Is not the tide of history inevitably movingtowards marriage equality? While that position seems tempting, it is too quick.
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  8. Alexa DeGagne (2012). Queer Bedfellows of Proposition 8: Adopting Social Conservative and Neoliberal Political Rationalities in California's Same-Sex Marriage Fight. Studies in Social Justice 7 (1):107-124.score: 540.0
    On November 4, 2008 California voters passed Proposition 8, and accordingly same-sex marriage was banned under the state constitution. Proposition 8 is now being considered by the Supreme Court. The proposition has sparked national debate about the nature of the relationship between the state and citizens’ sexuality and corresponding rights; calling into question the practice of allocating rights and privileges on the basis of sexuality and family form. Proponents of the proposition, who can be classified as predominantly socially (...)
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  9. Beth Goldblatt (2006). Case Note: Same-Sex Marriage in South Africa –the Constitutional Court's Judgment. [REVIEW] Feminist Legal Studies 14 (2):261-270.score: 540.0
    Late last year the Constitutional Court of South Africa decided that the exclusion of same-sex couples from the common law definition of marriage and the statutory marriage formula was unconstitutional as it violated the rights of such couples to equality. The Court suspended the declaration of invalidity for one year to allow Parliament to enact new legislation to correct the defects, failing which certain words would be read into the legislation to accommodate same-sex marriage. A (...)
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  10. Erik A. Anderson (2013). A Defense of the 'Sterility Objection' to the New Natural Lawyers' Argument Against Same-Sex Marriage. Ethical Theory and Moral Practice 16 (4):759-775.score: 537.0
    The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between (...) couples and sterile heterosexual couples. The NNLs believe that it is a necessary condition for two people’s being morally and legally entitled to get married that they be able to perform sexual acts that are “suited to procreating.” But sterile heterosexual couples are incapable of performing such acts. Therefore, it should follow from the NNLs’ own premises that sterile heterosexual couples are not entitled to marry. But the NNLs do not draw this conclusion. Instead, they maintain that sterile heterosexuals can marry while denying that the same is true of same-sex couples. The sterility objection claims the NNLs are being inconsistent in treating the two kinds of couples differently. Although the sterility objection has been endorsed by recent critics, I don’t think it has yet been adequately defended. The NNLs have responded by arguing that there is a sense in which the sex acts of sterile heterosexual couples are as suited to reproduction as those of fertile heterosexuals. Thus they maintain that the distinction they draw between the two kinds of couple has a rational basis. A successful defense of the sterility objection must show that this response on the part of the NNLs fails. Such is the task I undertake in this paper. I argue that the NNLs’ response fails because acts of penile-vaginal intercourse between sterile heterosexuals lack the actual causal power to produce conception that sexual acts need to be considered truly reproductive, and because their assumption that penile-vaginal intercourse always functions reproductively is bad biology. (shrink)
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  11. Rosie Harding (2007). Sir Mark Potter And The Protection Of The Traditional Family: Why Same Sex Marriage Is (Still) A Feminist Issue. [REVIEW] Feminist Legal Studies 15 (2):223-234.score: 537.0
    In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter’s adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his (...)
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  12. Matthew Lister (2013). John Corvino and Maggie Gallagher: Debating Same-Sex Marriage. Criminal Law and Philosophy:1-9.score: 450.0
  13. Francesco Bilotta (2013). Same-Sex Marriage: The Reasons to Support It. Iride 26 (1):47-66.score: 444.0
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  14. Rebecca Probert (2005). Same-Sex Couples and the Marriage Model. Feminist Legal Studies 13 (1):135-143.score: 435.0
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  15. Claire Young & Susan Boyd (2006). Losing the Feminist Voice? Debates on The Legal Recognition of Same Sex Partnerships in Canada. Feminist Legal Studies 14 (2):213-240.score: 390.0
    Over the last decade, legal recognition of same-sex relationships in Canada has accelerated. By and large, same-sex cohabitants are now recognised in the same manner as opposite-sex cohabitants, and same-sex marriage was legalised in 2005. Without diminishing the struggle that lesbians and gay men have endured to secure this somewhat revolutionary legal recognition, this article troubles its narrative of progress. In particular, we investigate the terms on which recent legal struggles have advanced, as well as the (...)
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  16. Matthew B. O'Brien (2012). Why Liberal Neutrality Prohibits Same-Sex Marriage: Rawls, Political Liberalism, and the Family. British Journal of American Legal Studies 1 (2):411-466.score: 378.0
    John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional (...)
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  17. Matthew C. Altman (2010). Kant on Sex and Marriage: The Implications for the Same-Sex Marriage Debate. Kant-Studien 101 (3):309-330.score: 360.0
    When examined critically, Kant's views on sex and marriage give us the tools to defend same-sex marriage on moral grounds. The sexual objectification of one's partner can only be overcome when two people take responsibility for one another's overall well-being, and this commitment is enforced through legal coercion. Kant's views on the unnaturalness of homosexuality do not stand up to scrutiny, and he cannot (as he often tries to) restrict the purpose of sex to procreation. Kant himself (...)
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  18. Andrew Stivers & Andrew Valls (2007). Same-Sex Marriage and the Regulation of Language. Politics, Philosophy and Economics 6 (2):237-253.score: 360.0
    Oregon State University, USA, andrew.valls{at}oregonstate.edu ' + u + '@' + d + ' '//--> In this article, we draw an analogy between the regulation of market language (including official definitions of `organic', `ice cream', and `diamond') and the regulation of the social and legal label `marriage'. Many of the issues raised in the debate over same-sex marriage are less about access to material benefits than about the social and cultural meaning of `marriage'. After reviewing the (...)
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  19. Lawrence Blum (2010). Secularism, Multiculturalism and Same-Sex Marriage: A Comment on Brenda Almond's 'Education for Tolerance'. Journal of Moral Education 39 (2):145-160.score: 360.0
    Although Almond argues that the contemporary West has lost touch with the value of tolerance, I argue that that value applied to those of different religions and sexual orientations is too minimal a standard for a pluralistic society. I suggest, in the spirit of the work of Charles Taylor and Tariq Modood, the more robust standard of respect and acceptance. In addition, I have criticised Almond?s privileging of parental values over school values, seeing in that privileging a failure to recognise (...)
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  20. Christopher Arroyo (2011). Same-Sex Marriage, 'Homosexual Desire,' and the Capacity to Love. International Journal of Applied Philosophy 25 (2):171-186.score: 360.0
    The issue of same-sex marriage continues to be controversial in the United States. Opponents of same-sex marriage offer a variety of objections in defense of their position. One such objection (which I identify as the Inability to Love objection, or ILO) is that legalizing same-sex marriage would promote a counterfeit good (homosexual marriage) as a genuine good (heterosexual marriage), since homosexuals are incapable of genuine, full erotic love. Proponents of ILO argue that (...)
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  21. Loren Cannon (2009). Trans-Marriage and the Unacceptability of Same-Sex Marriage Restrictions. Social Philosophy Today 25:75-89.score: 360.0
    This essay analyzes the coherency and reasonableness of legal restrictions against same-sex marriage. The population of focus is transgender individuals and their partners. Focusing on trans-marriage makes clear that the restriction of marriage to one man and one woman is misguided in that the law rests on the assumption that the categories of sex and gender comprise two disjoint, exhaustive, and unambiguous groupings. The primary argument here is not that the restrictions of same-sex marriage (...)
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  22. Jim Vernon (2009). Free Love: A Hegelian Defense of Same-Sex Marriage Rights. Southern Journal of Philosophy 47 (1):69-89.score: 360.0
    By revisiting Hegel’s Philosophy of Right, I mount a Hegelian defense of same-sex marriage rights. I first argue that Hegel’s account of theIdea of freedom articulates both the necessity of popular shifts in the determinations of the institutions of right, as well as the duty to struggle to progressively actualize freedom through them. I then contend that Hegel, by grounding marriage in free consent, clears the path for expanding this ethical institution to include all monogamous couples. Lastly, (...)
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  23. Christopher J. Collins (2009). Family Values and Same-Sex Marriage. Philosophy in the Contemporary World 16 (1):55-65.score: 360.0
    Alain Locke, an often neglected classical American Pragmatist, developed a pluralistic value theory as an antidote to the "value absolutism" he considered the root cause of social conflict. Values, for Locke, are not immutable features of a transcendent reality, but rather emerge from human functional attitudes, or what he calls "feeling-modes." However incommensurable the contextualized values of diverse cultures may appear, they can always be traced back to common modes of valuing. Recognizing the common character of our human faculty of (...)
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  24. J. Aguirre (2013). Habermas' Account of the Role of Religion in the Public Sphere A Response to Cristina Lafont's Critiques Through an Illustrative Political Debate About Same-Sex Marriage. Philosophy and Social Criticism 39 (7):637-673.score: 360.0
    This article is meant as a response to Cristina Lafont’s critiques of Habermas’ view of religion’s role in the public sphere. For Lafont, the burdens that Habermas places on secular citizens, by requiring them to avoid secularism, may entail dangerous consequences for a correct understanding of the concept of deliberative democracy. For this reason, she presents a proposal of her own in which no citizen, whether religious or secular, has the obligation to engage in a way of thinking alien to (...)
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  25. Margaret Somerville (2012). Volume 24 Issue 2 - The Case Against "Same-Sex Marriage&Quot;. Bioethics Research Notes 24 (2):23-.score: 360.0
    Somerville, Margaret Same-sex marriage creates a clash between upholding the human rights of children with respect to their coming-into being and the family structure in which they will be reared, and the claims of homosexual adults who wish to marry a same-sex partner. It forces us, as a society, to choose whether to give priority to children's rights or to homosexual adults' claims. This problem does not arise with opposite-sex marriage, because children's rights and adult's claims (...)
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  26. Joan Callahan (2009). Same-Sex Marriage: Why It Matters—At Least for Now. Hypatia 24 (1):70 - 80.score: 360.0
    This paper addresses the progressive, feminist critique of same-sex marriage as articulated by Claudia Card. Although agreeing with Card that the institution of marriage as we know it is profoundly morally flawed in its origins and effects, Callahan disagrees with Card's suggestion that queer activists in the United States should not be working for the inclusion of same-sex couples in the institution.
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  27. Francis J. Beckwith (2013). Justificatory Liberalism and Same‐Sex Marriage. Ratio Juris 26 (4):487-509.score: 360.0
    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 (...)
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  28. Laura Reidel (2009). Religious Opposition to Same-Sex Marriage in Canada: Limits to Multiculturalism. [REVIEW] Human Rights Review 10 (2):261-281.score: 360.0
    The case of the opposition to legalizing same-sex marriage in Canada is an example of the limits of what will and will not be tolerated in the name of multiculturalism. This case offers an interesting perspective on the topic of multiculturalism, because it deals with a conflict between those seeking to expand human rights and those seeking to prevent such expansion because of their adherence to a particular set of cultural and religious beliefs. Despite Canada’s commitment to recognizing (...)
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  29. John Corvino & Maggie Gallagher (2012). Debating Same-Sex Marriage. Oup Usa.score: 360.0
    Debating Same-Sex Marriage provides a useful roadmap to both sides of this contentious matter.
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  30. Michael Hand (2013). Framing Classroom Discussion of Same‐Sex Marriage. Educational Theory 63 (5):497-510.score: 360.0
    Assuming that the issue of same-sex marriage should be discussed in schools, how should the discussion be framed? Michael Hand first distinguishes this question from the related but distinct question of whether discussion on this topic should be steered. He then examines three possible frames for discussion of same-sex marriage: the perfectionist frame, the antiperfectionist frame, and the practical accommodation frame. He defends the perfectionist frame over the two alternatives: the purpose of state involvement in (...) is to promote valuable forms of intimate relationship, so the case for enabling same-sex couples to marry turns on the ethical claim that same-sex and opposite-sex intimate relationships are similarly valuable. Interrogation of this ethical claim must be central to classroom discussion of same-sex marriage. (shrink)
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  31. Vaughn Bryan Baltzly (2012). Same-Sex Marriage, Polygamy, and Disestablishment. Social Theory and Practice 38 (2):333-362.score: 357.0
    The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined (...)
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  32. Andrew F. March (2010). What Lies Beyond Same-Sex Marriage? Marriage, Reproductive Freedom and Future Persons in Liberal Public Justification. Journal of Applied Philosophy 27 (1):39-58.score: 351.0
    In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types (...)
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  33. Jeffrey Stout (2003). How Charity Transcends the Culture Wars: Eugene Rogers and Others on Same-Sex Marriage. Journal of Religious Ethics 31 (2):169 - 180.score: 312.0
    In 1994 the "Ramsey Colloquium," under the leadership of Richard John Neuhaus, posed a challenge to what it called the "homosexual movement" within the Christian Church. The challenge was to prove that it had reasons distinguishable from secular liberalism--reasons consistent with orthodox Christian theology--in favor of same-sex coupling. Eugene Rogers's book, "Sexuality and the Christian Body: Their Way into the Triune God, can be read as a response to this challenge. The book is important not only for the content (...)
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  34. Elizabeth Brake (2010). Minimal Marriage: What Political Liberalism Implies for Marriage Law. Ethics 120 (2):302-337.score: 297.0
    Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on (...)
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  35. Ada S. Jaarsma (2010). Rethinking the Secular in Feminist Marriage Debates. Studies in Social Justice 4 (1):47-66.score: 297.0
    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 (...)
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  36. Joshua D. Goldstein (2011). New Natural Law Theory and the Grounds of Marriage. Social Theory and Practice 37 (3):461-482.score: 297.0
    New natural lawyers--notably Grisez, Finnis, and George--have written much on civil marriage's moral boundaries and grounds, but with slight influence. The peripheral place of the new natural law theory (NNLT) results from the marital grounds they suggest and the exclusionary moral conclusions they draw from them. However, I argue a more authentic and attractive NNLT account of marriage is recoverable through overlooked resources within the theory itself: friendship and moral self-constitution. This reconstructed account allows us to identify the (...)
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  37. Raquel Platero (2007). Love and the State: Gay Marriage in Spain. [REVIEW] Feminist Legal Studies 15 (3):329-340.score: 297.0
    On 30 June 2005, the Spanish Parliament approved Law 13/2005, which amends the Civil Code to permit same-sex marriage. This formal equality measure put Spain in the spotlight of the international media. It is the culmination of a series of developments spanning from the last years of the Franco regime (which ended in 1975), through the enactment of anti-discrimination measures in 1995, to the recent fight for kinship recognition. It also follows a recent shift, from 1998 to 2005, (...)
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  38. Nicla Vassallo (2013). On Same-Sex Marriage and Its Enemies. Iride 26 (1):67-84.score: 288.0
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  39. Ralph Wedgwood (1999). The Fundamental Argument for Same-Sex Marriage. Journal of Political Philosophy 7 (3):225–242.score: 270.0
  40. David Boonin (1999). Same-Sex Marriage and the Argument From Public Disagreement. Journal of Social Philosophy 30 (2):251–259.score: 270.0
  41. Raja Halwani, Gary Jaeger, James S. Stramel, Richard Nunan, William S. Wilkerson & Timothy F. Murphy (2008). What is Gay and Lesbian Philosophy? Metaphilosophy 39 (4-5):433-471.score: 270.0
    Abstract: This essay explores recent trends and major issues related to gay and lesbian philosophy in ethics (including issues concerning the morality of homosexuality, the natural function of sex, and outing and coming out); religion (covering past and present debates about the status of homosexuality and how biblical and qur'anic passages have been interpreted by both sides of the debate); the law (especially a discussion of the debates surrounding sodomy laws, same-sex marriage and its impact on transsexuals, and (...)
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  42. Kory Schaff (2004). Equal Protection and Same-Sex Marriage. Journal of Social Philosophy 35 (1):133–147.score: 270.0
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  43. Adrian Alex Wellington (1995). Why Liberals Should Support Same Sex Marriage. Journal of Social Philosophy 26 (3):5-32.score: 270.0
  44. Brook J. Sadler (2008). Re-Thinking Civil Unions and Same-Sex Marriage. The Monist 91 (3/4):578-605.score: 270.0
  45. David J. Mayo & Martin Gunderson (2000). The Right to Same-Sex Marriage: A Critique of the Leftist Critique. Journal of Social Philosophy 31 (3):326–337.score: 270.0
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  46. Scott Woodcock (2009). Five Reasons Why Margaret Somerville is Wrong About Same-Sex Marriage and the Rights of Children. Dialogue 48 (04):867-.score: 270.0
  47. Nicholas Buccola (2005). Finding Room for Same-Sex Marriage: Toward a More Inclusive Understanding of a Cultural Institution. Journal of Social Philosophy 36 (3):331–343.score: 270.0
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  48. D. R. Walhof (2013). Habermas, Same-Sex Marriage and the Problem of Religion in Public Life. Philosophy and Social Criticism 39 (3):225-242.score: 270.0
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  49. Giovanni Damele (forthcoming). Rhetoric and Persuasive Strategies in High Courts' Decisions: Some Remarks on the Recent Decisions of the Portuguese Tribunal Constitutional and the Italian Corte Costituzionale on Same-Sex Marriage. Argumentation.score: 270.0
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  50. John Corvino (2014). Same-Sex Marriage and the Definitional Objection. In Andrew I. Cohen & Christopher H. Wellman (eds.), Contemporary Debates in Applied Ethics. Wiley Blackwell. 22--277.score: 270.0
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