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  1. Same-Sex Marriage and the Charge of Illiberality.Peter Brian Barry - 2011 - Social Theory and Practice 37 (2):333-357.
    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 Charge seriously (...)
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  2. The Liberal Case Against Same-Sex Marriage Prohibitions.Peter Brian Barry - manuscript
    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 (...)
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  3. Public Reason Liberalism and Sex-Neutral Marriage.Greg Walker - forthcoming - Ratio Juris.
    This article, forthcoming in the international legal philosophy journal Ratio Juris, responds to an article by Francis J. Beckwith arguing that the consistent application of liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith’s article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws (...)
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  4. ¿Debe el matrimonio igualitario ser la meta de un movimiento progresista?Jesus A. Diaz - 2019 - Cruce 2019 (S1):41-48.
    SPANISH: Las parejas del mismo sexo tienen razón cuando dicen que negarles el matrimonio es discriminar contra ellas; pero otorgar el matrimonio a las parejas del mismo sexo sin dar a familias no conyugales los beneficios que el matrimonio provee remediaría la injusticia hacia las primeras sin subsanar la iniquidad hacia las segundas. Crear una sociedad que favorece solo una opción para reconocer las relaciones de serio compromiso no debe ser la meta de un movimiento progresista. -/- ENGLISH: Same-sex couples (...)
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  5. The Rights of Families and Children at the Border.Matthew J. Lister - 2018 - In Philosophical Foundations of Children's and Family Law. pp. 153-170.
    Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration standing (...)
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  6. How Should One Live? An Introduction to Ethics and Moral Reasoning.Bradley Thames - 2018 - San Diego, CA, USA: Bridgepoint Education.
    This book provides an entry-level introduction to philosophical ethics, theories of moral reasoning, and selected issues in applied ethics. Chapter 1 describes the importance of philosophical approaches to ethical issues, the general dialectical form of moral reasoning, and the broad landscape of moral philosophy. Chapter 2 presents egoism and relativism as challenges to the presumed objectivity and unconditionality of morality. Chapters 3, 4 and 5 discuss utilitarianism, deontology, and virtue ethics, respectively. Each chapter begins with a general overview of the (...)
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  7. On Unjust Forms of Marriage. Comments on the Discussion on Discrimination Against Same-Sex Couples.Andrzej Waleszczyński - 2018 - Diametros 56:110-130.
    This article defends the thesis that, in light of the postulates of liberal ethics, it is not possible to put forward universal arguments in support of any form of marriage. The existing forms of marriage should be either deemed unjust or founded on specific arguments recognized within a particular political community and determining the understanding of justice in a particular society. It defends the thesis that the requirement of universality, and consequently of impartiality, is not met, since behind every form (...)
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  8. Stephen Macedo, Just Married: Same-Sex Couples, Monogamy & the Future of Marriage: Princeton: Princeton University Press, Hardcover € 29,20 320 Pp. [REVIEW]Elizabeth Brake - 2017 - Ethical Theory and Moral Practice 20 (2):443-446.
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  9. Hume and Same‐Sex Marriage.Jeffry L. Ramsey & Olivia O'Connor - 2017 - Journal of Social Philosophy 48 (2):180-196.
  10. After Marriage: Rethinking Marital Relationships.Elizabeth Brake (ed.) - 2016 - Oxford University Press USA.
    In this collection, liberal and feminist philosophers debate whether marriage reform ought to stop with same-sex marriage. Some authors argue for abolishing marriage or for new legal forms such as polygamy or temporary marriage. Others argue that the liberal values justifying same-sex marriage do not entail further reform.
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  11. Is Civil Marriage Illiberal?Ralph Wedgwood - 2016 - In Elizabeth Brake (ed.), Beyond Marriage: Rethinking Marital Relationships. Oxford University Press. pp. 29–50.
    This paper defends the institution of civil marriage against the objection that it is inconsistent with political liberalism, and so should be either totally abolished or else transformed virtually beyond recognition.
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  12. John Corvino and Maggie Gallagher: Debating Same-Sex Marriage: Oxford University Press, 2012, 281 Pp, $16.95 , ISBN: 9780199756315.Matthew Lister - 2015 - Criminal Law and Philosophy 9 (4):727-735.
  13. Review of Corvino and Gallagher, Debating Same-Sex Marriage[REVIEW]Matthew Lister - 2015 - Criminal Law and Philosophy 9 (4):727-735.
    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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  14. Two Models of Disestablished Marriage.Vaughn Bryan Baltzly - 2014 - Public Affairs Quarterly 28 (1):41-69.
    Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the one hand, there is (...)
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  15. The Gay Marriage Debate – Afterthoughts.Piers Benn - 2014 - Think 13 (36):23-31.
    This article analyses some familiar arguments both for, and against, same-sex civil marriage. I argue that it is not enough to defend gay marriage by a simple appeal to equality, unless one addresses the view that same-sex marriage would be contrary to the objective nature and purpose of marriage. I illustrate the ways in which a stand-off is reached in discussions of this particular matter. I also suggest that there is a mystery about what the from a faithful relationship to (...)
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  16. Rawls, Political Liberalism, and the Family: A Reply to Matthew B. O'Brien.Greg Walker - 2014 - British Journal of American Legal Studies 3 (1):37-70.
    Responding to an article in a previous issue from Matthew B. O’Brien on the impermissibility of same-sex marriage, this reply corrects a misinterpretation of Rawls’s understanding of political liberalism and a misdirected complaint against the jurisprudence of the U.S. federal courts on civil marriage and other matters. In correcting these interpretations, I seek to demonstrate that a publicly reasonable case for same-sex civil marriage is conceivable in line with political liberalism. I conclude the article by arguing that, although the same-sex (...)
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  17. A Defense of the 'Sterility Objection' to the New Natural Lawyers' Argument Against Same-Sex Marriage.Erik A. Anderson - 2013 - Ethical Theory and Moral Practice 16 (4):759-775.
    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 same-sex couples (...)
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  18. What Marriage Law Can Learn From Citizenship Law.Govind Persad - 2013 - Tul. Jl and Sexuality 22:103.
    Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel (...)
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  19. O dyskryminacji małżeństw homoseksualnych. Odpowiedź Tomaszowi Sieczkowskiemu.Krzysztof Saja - 2013 - Diametros 37:193–209.
    My paper is a reaction to polemic of Tomasz Sieczkowski "Discrimination nonetheless. A reply to Krzysztof Saja” [ICF "Diametros" (36) 2013] that he wrote against my paper "Discrimination against same-sex couples" [ICF “Diametros" (34) 2012]. The purpose of the paper is to refute Sieczkowski’s objections that rely on wrong interpretation of the structure of my main argument. I will describe the proper course of the reasoning that I have expressed in the first article and undermine the Sieczkowski’s proposal to justify (...)
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  20. Minimizing Marriage: Marriage, Morality, and the Law.Elizabeth Brake - 2012 - Oup Usa.
    This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.
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  21. O dyskryminacji par jednopłciowych.Krzysztof Saja - 2012 - Diametros 34:92–115.
    In my paper I discuss the argument that the absence of the legal possibility to contract same-sex marriages is discriminatory. I argue that there is no analogy between the legal situation of same-sex couples and African-Americans, women or disabled persons in the nineteenth century. There are important natural differences between same-sex and different-sex couples that are good reasons for the legal disparities between them. The probability of having and raising children is one of them. Therefore, demanding that same-sex couples have (...)
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  22. Misrecognition, Marriage and Derecognition.Christopher F. Zurn - 2012 - In Shane O'Neill Nicholas H. Smith (ed.), Recognition Theory as Social Research: Investigating the Dynamics of Social Conflict. Palgrave-Macmillan.
    Contemporary recognition theory has developed powerful tools for understanding a variety of social problems through the lens of misrecognition. It has, however, paid somewhat less attention to how to conceive of appropriate responses to misrecognition, usually making the tacit assumption that the proper societal response is adequate or proper affirmative recognition. In this paper I argue that, although affirmative recognition is one potential response to misrecognition, it is not the only such response. In particular, I would like to make the (...)
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  23. Same-Sex Marriage, ‘Homosexual Desire,’ and the Capacity to Love.Christopher Arroyo - 2011 - International Journal of Applied Philosophy 25 (2):171-186.
    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 is that legalizing same-sex marriage would promote a counterfeit good as a genuine good, since homosexuals are incapable of genuine, full erotic love. Proponents of ILO argue that homosexuals are incapable of genuine erotic love because all homosexual relationships lack genuine sexual and affective complementarity. Relying on the arguments of Gareth (...)
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  24. Same-Sex Marriage: Not a Threat to Marriage or Children.Timothy F. Murphy - 2011 - Journal of Social Philosophy 42 (3):288-304.
    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. It is not clear, in any case, why (...)
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  25. Same-Sex Marriage and Equality.Reginald Williams - 2011 - Ethical Theory and Moral Practice 14 (5):589-595.
    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 right that opposite-sex couples enjoy—i.e., the right (...)
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  26. Kant on Sex and Marriage: The Implications for the Same-Sex Marriage Debate.Matthew C. Altman - 2010 - Kant-Studien 101 (3):309-330.
    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 rules out marriage (...)
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  27. Secularism, Multiculturalism and Same‐Sex Marriage: A Comment on Brenda Almond’s ‘Education for Tolerance’.Lawrence Blum - 2010 - Journal of Moral Education 39 (2):145-160.
    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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  28. Queering Kierkegaard: Sin, Sex and Critical Theory.Ada Jaarsma - 2010 - Journal for Cultural and Religious Theory 10 (3):64-89.
    There is an uncanny agreement between the queer rejection of marriage, which resists affirming the legal recognition of same-sex relationships on the grounds that it codifies and normalizes non-heterosexual desire, and the religious objections to gay rights in North America, which oppose legal recognition on the grounds that it compromises the meaning of marriage and family. This article examines the relevance of Kierkegaard’s religious existentialism for the broader queer project of undermining the “normal” and moving beyond identity politics. It offers (...)
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  29. Rethinking the Secular in Feminist Marriage Debates.Ada S. Jaarsma - 2010 - Studies in Social Justice 4 (1):47-66.
    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 conceptions of justice, and (...)
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  30. What Lies Beyond Same-Sex Marriage? Marriage, Reproductive Freedom and Future Persons in Liberal Public Justification.Andrew F. March - 2010 - Journal of Applied Philosophy 27 (1):39-58.
    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 of legally registered (...)
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  31. Same-Sex Marriage: Why It Matters—At Least for Now.Joan Callahan - 2009 - Hypatia 24 (1):70-80.
    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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  32. Trans-Marriage and the Unacceptability of Same-Sex Marriage Restrictions.Loren Cannon - 2009 - Social Philosophy Today 25:75-89.
    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 are harmful to certain transpersons who (...)
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  33. Family Values and Same-Sex Marriage: Reconciliation Via Alain Locke's Value Theory.Christopher J. Collins - 2009 - Philosophy in the Contemporary World 16 (1):55-65.
    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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  34. Five Reasons Why Margaret Somerville is Wrong About Same-Sex Marriage and the Rights of Children.Scott Woodcock - 2009 - Dialogue 48 (4):867.
    ABSTRACT: In written work and a lecture at the 2008 Congress of the Humanities and Social Sciences that was co-sponsored by the Canadian Philosophical Association, Margaret Somerville has claimed that allowing same-sex marriage is unethical because doing so violates the inherently procreative function of marriage and thereby undermines the rights and duties that exist between children and their biological parents. In my paper, I offer five reasons for thinking that Somerville’s argument for this conclusion is unpersuasive. In each case her (...)
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  35. Goodridge et al. v. Departamento de Salud Pública.Jesus A. Diaz - 2008 - In Isabel Ríos Torres (ed.), Actas del Primer Coloquio Nacional ¿Del Otro La’o? Perspect9vas Sobre Sexualidades Diversas. Centro de Publicaciones Académicas. pp. 201 - 219.
    ESPAÑOL: Similar a Baehr v. Miike en Hawaii (1993), Goodridge fue la primera decisión de un tribunal supremo estatal en Estados Unidos que concluyó que las parejas del mismo sexo tienen derecho al matrimonio. La traducción contiene los segmentos más importantes de Goodridge. ENGLISH: Similar to Baehr v. Miike in Hawaii (1993), Goodridge was the first time a state Supreme Court in the United States ruled that same-sex couples have the right to marry. The translation (English to Spanish) contains Goodridge’s (...)
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  36. La Importancia del Matrimonio.Jesus A. Diaz - 2008 - In Isabel M. Ríos Torres (ed.), Actas del Primer Coloquio Nacional ¿Del Otro La'o? Perspectivas Sobre Sexualidades Diversas. Centro de Publicaciones Académicas. pp. 183 - 200.
    ESPAÑOL: Traducción de segmentos de los capítulos 1 y 6 del libro de Evan Wolson’s Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. (New York: Simon and Schuster, 2004). ENGLISH: Translation (English to Spanish) of segments from chapters 1 and 6 of Evan Wolfson’s Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. (New York: Simon and Schuster, 2004).
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  37. Marriage, Procreation, and Same-Sex Unions.Patrick Lee - 2008 - The Monist 91 (3-4):422-438.
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  38. Commentary on Nancy Nicol’s Politics of the Heart: Recogniiton of Homoparental Families.Shelley M. Park - 2008 - Florida Philosophical Review 8 (1):157-163.
    This paper comments on the strategies and goals of a politics of recognition as celebrated by Nancy Nicol’s important documentary coverage of the gay and lesbian movement for family rights in Quebec. While agreeing that ending legal discrimination against lgbt families is important, I suggest that political recognition of same-sex families and their children is a too limited goal for queer families and their allies. Moreover, it is a goal, I argue, that often trades on trades on troublesome assumptions about (...)
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  39. A Populist Argument for Same-Sex Marriage.Alex Rajczi - 2008 - The Monist 91 (3-4):475-505.
    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 wrongful harm (...)
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  40. Re-Thinking Civil Unions and Same-Sex Marriage.Brook J. Sadler - 2008 - The Monist 91 (3-4):578-605.
  41. Non-Heterosexuals in Heterosexual Marriages as a Form of Spousal Abuse.D. R. Cooley - 2007 - International Journal of Applied Philosophy 21 (2):161-179.
    When non-heterosexual spouses come out of the closet to their husbands or wives, attention is generally focused upon the non-heterosexual member of the relationship. He or she is often lauded for having the strength to openly acknowledge and pursue a central component of his or her personal identity.Although the attention is justified in many cases, left unexplained is how the heterosexual spouse was treated prior to the revelation. I argue that many heterosexual-non-heterosexual pairings involve spousal abuse. The maltreatment stems from (...)
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  42. Sexualphilosophie.Yiftach J. H. Fehige - 2007 - LIT.
    This book is an introduction to philosophy of sex. The history of philosophy of sex is depicted (from Plato to Herman Schmitz) to set up the background against which the philosophy of sex by Herman Schmitz is analyzed. This leads to the discussion of topics like masturbation, the ontology of the sexed human body, and same-sex marriage.
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  43. Gay Marriage: An American and Feminist Dilemma.Ann Ferguson - 2007 - Hypatia 22 (1):39-57.
    : Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.
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  44. Sir Mark Potter And The Protection Of The Traditional Family: Why Same Sex Marriage Is (Still) A Feminist Issue. [REVIEW]Rosie Harding - 2007 - Feminist Legal Studies 15 (2):223-234.
    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 restatement of (...)
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  45. Gay Marriage, Liberalism, and Recognition: The Case for Equal Treatment.Jacob M. Held - 2007 - Public Affairs Quarterly 21 (3):221-233.
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  46. Book Review: Richard D. Mohr. The Long Arc of Justice: Lesbian and Gay Marriage, Equality, and Rights. [REVIEW]Patrick D. Hopkins - 2007 - Hypatia 22 (1):243-246.
  47. The Long Arc of Justice: Lesbian and Gay Marriage, Equality, and Rights (Review).Patrick D. Hopkins - 2007 - Hypatia 22 (1):243-246.
  48. A Rawlsian Argument for Extending Family-Based Immigration Benefits to Same-Sex Couples.Matthew J. Lister - 2007 - University of Memphis Law Review 37 (Summer):763-764.
    In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from family-based immigration rights. (...)
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  49. Gay Marriage and the War on Terror.Bonnie Mann - 2007 - Hypatia 22 (1):247-251.
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  50. Gay Marriage: The Victory of Political Correctness and Bad Arguments.Neven Sesardic - 2007 - Prolegomena 6 (1):5-28.
    Many Western intellectuals, especially those in humanities and social sciences, think that it can be easily shown that the persistent and massive opposition to same-sex marriage is rationally indefensible and that it is merely a result of prejudice or religious fanaticism. But a more detailed analysis of some of these widely accepted arguments against the conservative position reveals that these arguments are in fact based on logical fallacies and serious distortions of conservative criticisms of homosexual marriage. It is concluded that (...)
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