Radical Philosophy Review 22 (2):257-284 (2019)

Brook Sadler
University of South Florida
In 2015, the U.S. Supreme Court ruled in favor of same-sex marriage in Obergefell v. Hodges. Although I concur that same-sex couples should have the right to marry if anyone does, I argue that civil marriage is an unjust institution. By examining the claims employed in the majority opinion, I expose the Court’s romanticized, patriarchal view of marriage. I critique four central claims: that marriage is central to individual autonomy and liberty; that civil marriage is uniquely valuable; that marriage “safeguards” children and families; and that marriage is fundamental to civil society.
Keywords Social and Political Philosophy
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ISBN(s) 1388-4441
DOI 10.5840/radphilrev201971699
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