Ratio Juris 28 (4):486-503 (2015)
AbstractThis article responds to an article by Francis J. Beckwith that argued that the consistent application of generic 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 I tentatively propose a Voltairean argument in favour of same-sex civil marriage for those citizens with moral qualms about same-sex relationships derived from their reasonable comprehensive doctrine
Similar books and articles
Public Reason Liberalism and Sex-Neutral Marriage.Greg Walker - forthcoming - Ratio Juris.
Justificatory Liberalism and Same‐Sex Marriage.Francis J. Beckwith - 2013 - Ratio Juris 26 (4):487-509.
Replies to Evan Fales: On History and Miracles.Francis J. Beckwith - 2001 - Philosophia Christi 3 (1):42 - 45.
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.
Minimal marriage: What political liberalism implies for marriage law.Elizabeth Brake - 2010 - Ethics 120 (2):302-337.
Why Liberal Neutrality Prohibits Same-Sex Marriage: Rawls, Political Liberalism, and the Family.Matthew B. O'Brien - 2012 - British Journal of American Legal Studies 1 (2):411-466.
Public or Private Good? The Contested Meaning of Marriage.Brook J. Sadler - 2010 - Social Philosophy Today 26:23-38.
Or we can be philosophers: a response to Barbara Forrest.Francis Beckwith - 2015 - Synthese 192 (S1):1-23.
Legal Neutrality and Same-Sex Marriage.Francis J. Beckwith - 2005 - Philosophia Christi 7 (1):19-25.
Is Civil Marriage Illiberal?Ralph Wedgwood - 2016 - In Elizabeth Brake (ed.), After Marriage: Rethinking Marital Relationships. Oxford University Press. pp. 29–50.
Abortion, Metaphysics and Morality: A Review of Francis Beckwith's Defending Life: A Moral and Legal Case Against Abortion Choice. [REVIEW]N. Nobis - 2011 - Journal of Medicine and Philosophy 36 (3):261-273.
Love and (Polygamous) Marriage? A Liberal Case Against Polygamy.Emily M. Crookston - 2015 - Journal of Moral Philosophy 12 (3):267-289.
Is There a Right to Polygamy? Marriage, Equality and Subsidizing Families in Liberal Public Justification.Andrew March - 2011 - Journal of Moral Philosophy 8 (2):246-272.
Added to PP
Historical graph of downloads
Citations of this work
No citations found.
References found in this work
Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.Jürgen Habermas (ed.) - 1996 - Polity.
The Law of Peoples: With, The Idea of Public Reason Revisited.John Rawls - 1999 - Harvard University Press.