Trans-marriage and the Unacceptability of Same-sex Marriage Restrictions

Social Philosophy Today 25:75-89 (2009)
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 participate in legal marriage, although they certainly are, but rather that this legal restriction fails to meet the minimum requirements of any reasonable law. This analysis compares the current marriage restriction and its reliance on the above mentioned false belief with judgments of the Race Classification Appeal Board of Apartheid era South Africa. I employ two actual cases and the legal philosophy of Lon L. Fuller in my argument
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.5840/socphiltoday2009257
 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
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 24,470
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
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.
Reginald Williams (2011). Same-Sex Marriage and Equality. Ethical Theory and Moral Practice 14 (5):589-595.

Monthly downloads

Added to index


Total downloads

48 ( #101,513 of 1,925,583 )

Recent downloads (6 months)

5 ( #187,096 of 1,925,583 )

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.