Public Reason Liberalism and Sex‐Neutral Marriage A Response to Francis J. Beckwith
Ratio Juris 28 (4):486-503 (2015)
Abstract
This 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 doctrineMy notes
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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.