University of Memphis Law Review 37 (Summer):763-764 (2007)
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. Next I argue that people in the constitutional and legislative stages of Rawls's original position would act to protect family-based immigration rights for themselves and show how these rights are rights of the current citizens of a state to bring in certain outsiders and not rights of outsiders seeking to enter. Importantly, this argument takes place entirely within the bounds of Rawls's domestic theory of justice and does not make reference to his more controversial views found in his account of international justice. I then show that there is no acceptable reason to restrict these rights to opposite-sex couples and good reason to extend them to same-sex couples. Finally I consider two objections to my account and show why they do not threaten my conclusion.
|Keywords||immigration Rawls Family freedom of association same-sex relationships gay rights homosexual rights Human Rights|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
The Blurring of the Lines: Children and Bans on Interracial Unions and Same-Sex Marriages.Carlos A. Ball - manuscript
Same-Sex Marriage and the Regulation of Language.Andrew Stivers & Andrew Valls - 2007 - Politics, Philosophy and Economics 6 (2):237-253.
The Close Relationships of Lesbians and Gay Men.Letitia Anne Peplau & Adam W. Fingerhut - manuscript
Relational Rights and Responsibilities: Revisioning the Family in Liberal Political Theory and Law.Martha Minow & Mary Lyndon Shanley - 1996 - Hypatia 11 (1):4 - 29.
On the Morality of Immigration.Mathias Risse - 2008 - Ethics and International Affairs 22 (1):25–33.
The Wedding Bells Heard Around the World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage?Mark E. Wojcik - manuscript
Custody and Contradictions: Exploring Immigration Law as Federal Family Law in the Context of Child Custody.David B. Thronson - unknown
Same-Sex Marriage and Equality.Reginald Williams - 2011 - Ethical Theory and Moral Practice 14 (5):589-595.
Added to index2009-01-28
Total downloads26 ( #191,760 of 2,152,501 )
Recent downloads (6 months)2 ( #281,161 of 2,152,501 )
How can I increase my downloads?