This book provides a philosophical examination of the extent to which legalizing same-sex marriage can contribute to ending the discrimination and social stigma faced by LGBT men and women in the Western world.

A response to James S. Spiegel's article in THINK 43 in which he argues that same-sex marriage is unjust.

Proponents of same-sex marriage often defend their view by appealing to the concept of justice. But a significant argument from justice against same-sex marriage can be made also, as follows. Heterosexual union has special social value because it is the indispensable means by which humans come into existence. What has special social value deserves special recognition and sanction. Civil ordinances that recognize same-sex marriage as comparable to heterosexual marriage constitute a rejection of the special social value of (...) heterosexual unions, and to deny such special social value is unjust. (shrink)

Polls and election results show Americans sharply divided on same-sex marriage, and the controversy is unlikely to subside anytime soon. Debating Same-Sex Marriage provides an indispensable roadmap to the ongoing debate.

Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important right that (...) opposite-sex couples enjoy—i.e., the right to marry. I argue that the right to marry is fundamentally, not an individual right, but a couple’s collective right, analogous to assembly rights. (shrink)

Ought parents, in general, to value being biologically tied to their children? Is it important, in particular, that both parents be biologically tied to their children? I will address these fundamental questions by looking at a fairly new practice within IVF treatments, so-called IVF-with-ROPA ( Reception of Oocytes from Partner ), which allows lesbian couples to „share motherhood‟ with one partner providing the eggs while the other becomes pregnant. I believe that IVF-with-ROPA is, just like other IVF treatments, morally permissible; (...) but here I argue that the increased biological ties which IVF-with-ROPA allows for do not have any particular value beside the satisfaction of a legitimate wish, because there is no intrinsic value in a biological tie between parents and children; further, I argue that equality within parental projects cannot be achieved by redistributing biological ties. (shrink)

This chapter contains sections titled: Sex Is Morally Problematic Sex Is (Conditionally) Good Exchanging Ourselves: Marriage in the Moralphilosophie Collins Kant and Political Liberalism Transforming Ourselves into Husbands and Wives: Marriage in the Metaphysics of Morals Is Something Wrong Because It Is Unnatural? Pleasure as an End of Nature Marital Equality as a Criterion of Legitimacy How the Same‐Sex Marriage Debate Should Proceed.

The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined to resist (...) Liberalism are invited to consider an alternative position: the Libertarian stance that favors instead the ‘disestablishment’ of marriage. (shrink)

The contentious debate over same-sex marriage raises significant questions about the public relevance of theistic ethics in addressing broad social issues beyond the moral boundaries of the Christian community. Using the issue of same-sex marriage as a case study, it is argued that “natural law” kinds of arguments can provide epistemic support as “public reasons” for cogent theological-based arguments against same-sex marriage and can be successfully defended against frequent objections to the use of religious reasons in a (...) pluralistic context. (shrink)

Some critics of same-sex marriage allege that this kind of union not only betrays the nature of marriage but that it also opens children to various kinds of harm. Same-sex marriage is objectionable, on this view, in its nature and in its effects. A view of marriage as requiring an unassisted capacity to conceive children may be respect as one idea of marriage, but this view need not be understood as marriage itself. It is not clear, in any (...) case, why government should prefer this one idealized view of marriage over other others, so long as recognition of other kinds of marriage do not stand in the way of government carrying out its core interests, such as the protection of children. The idea that children are necessarily harmed when conceived by and for same-sex couples cannot be sustained as a matter of psychological evidence or moral argument. No research shows that such children are routinely harmed or rarely-but-catastrophically. Comparative accounts of the welfare of children of same-sex couples cannot show either that children must be brought into existence only under ideal circumstances. (shrink)

In this article, I respond to queer critiques of the pursuit of same-sex marriage. I first examine the issue of normalization through a consideration of the everyday lives of same-sex couples with children, a subject about which queer critics are strangely silent. Children force same-sex couples to be out in multiple areas of their lives and recent court cases explicitly challenge the idea that same-sex couples do not make fit parents. Second, I examine whether same-sex (...) marriage will address structural inequalities or will mainly benefit white, middle-class people. Access to marriage has disparate benefits depending on people’s structural locations, but is a movement goal supported by a broad array of LGBT people. Third, I examine the relationship between marriage, regulation, and the state. I argue for a broader understanding of the relationship between the state and different types of relationships, suggesting that it is impossible to escape regulation. If we consider marriage and family forms cross-nationally, we see a variety of possibilities for state recognition of various family forms. I conclude by assessing the impact of same-sex marriage on the future of LGBT politics, arguing that achieving marriage equality may allow the space for new political possibilities to emerge. (shrink)

There is room for everyone in the Catholic Church, but there is no consent for same-sex marriage in that Church as marriage only between a baptized man and a woman is a sacrament. Same-sex marriage is inconsistent with the Holy Scripture where marriage is based on God’s natural law. This official Scripture’s interpretation results in lack of possibility to reconciliate the official teaching of the Church with the recognition of same-sex marriage. The world is moving forward and (...) so are the opinions of Christians and their growing support for same-sex marriage. Such marriage is recognized in thirty states worldwide, including states with dominant Catholic religion. Regardless the official teaching, the Catholic Church’s position is not uniform. The paper discusses the official interpretation of the Scripture concerning homosexuals, analyses the position of the Catholic Church toward same-sex marriage and indicates differences in Christians’ attitudes with respect to same-sex couples in Western and Eastern Europe. (shrink)

However liberalism is best understood, liberals typically seek to defend a wide range of liberty. Since same-sex marriage [henceforth: SSM] prohibitions limit the liberty of citizens, there is at least some reason to suppose that they are inconsistent with liberal commitments. But some have argued that it is the recognition of SSM—not its prohibition—that conflicts with liberalism’s commitments. I refer to the thesis that recognition of SSM is illiberal as “The Charge.” As a sympathetic liberal, I take The Charge (...) seriously enough to consider and ultimately reject it. Ultimately, I contend that The Charge is simply misguided and that arguments for it either fail to find support in some liberal principle or else find support from some illiberal principle. (shrink)

This article examines the phenomenon of same-sex unions, both joint suicides and weddings, mostly among young, low-income, non-English speaking women, that have been reported from many parts of India over the last three decades. Most of the women were Hindus and many of the weddings took place by Hindu rites. None of these women had contact with any LGBT or women's movement or activists before their weddings. Ancient as well as modern texts show that people can and do draw (...) on traditional Hindu ideas about love (as the product of attachments formed in former lives), rebirth (attachments persist from one birth to another) and marriage (which is supposed to outlast one lifetime) to legitimize socially disapproved unions, both cross-sex and same-sex. Right-wing Hindu forces today mistakenly argue that the idea of same-sex love and marriage, and indeed of marriage based on love itself, are Western imports. In fact, same-sex marriages were reported from rural areas and small towns long before the Indian LGBT movement took cognizance of the issue. When families accept them, female couples are generally able to stay together but when families violently oppose them, often with the collusion of local police, couples may be forced to separate or driven to suicide, even though law courts have uniformly upheld the right of consenting adults to live together. Modern Hindu teachers and priests are divided on the question of the validity and desirability of same-sex marriage; a doctrinal debate is now developing. (shrink)

In Ghaidan v. Godin-Mendoza [2004] U.K.H.L. 30, the U.K. House of Lords upheld the right of a man to succeed to the tenancy of his deceased same-sex partner as if he had been the husband or wife of the deceased. This note examines the five judgements delivered by the court and considers the implications of the decision. It argues that, within the context of family law, Mendoza was a welcome decision but an evolutionary dead-end. The case signals a more (...) promising approach to the development of human rights, but the appropriate use and scope of s.3 of the Human Rights Act 1998 remain somewhat unclear. (shrink)

Many prominent proponents of Old and New Natural Law morally condemn sexual acts between people of the same sex because those acts are incapable of reproduction; they each offer a distinct set of supporting reasons. While some New Natural Law philosophers have begun to distance themselves from this moral condemnation, there are not many similarly ameliorative efforts within Old Natural Law. I argue for the bold conclusion that Old Natural Law philosophers can accept the basic premises of Old Natural (...) Law without also being committed to morally condemning sexual activity between people of the same sex. I develop an argument from analogy that shows how we can draw metaphysically distinct sub‐categories based on someone's capacity to experience the unitive goods of sex. This unitive capacity constitutes the sub‐category and provides a distinct principle for evaluating how members of that sub‐category (X) act as members of that sub‐category, rather than as acting as defective members of another category (Y). Even though my argument is ‘internal’ to Old Natural Law, I conclude by showing how these conclusions can also address some of the objections to same‐sex sex in New Natural Law. (shrink)

This article examines the interplay between homophobia and nationalism by analyzing online comments on the ruling of legalizing same-sex marriage in Taiwan. Drawing on methods from critical discourse analysis, I focus on the framing of this ruling by members from a Chinese antigay community online. I show that they frame this ruling as (1) in opposition to public opinion, (2) promoting ‘Westernization’ and ‘Independence’, (3) seeking immorality and self-destruction. I find that within these frames, they evoke nationalist discourses that (...) represent supporters of this ruling as the ‘Other’ who attempt to split with China, thereby associating LGBT equality movements in China with this political threat. I argue that these nationalist discourses are used in a way that reinforces and legitimizes discourses of homophobia. (shrink)

The issue of same-sex marriage continues to be controversial in the United States. Opponents of same-sex marriage offer a variety of objections in defense of their position. One such objection (which I identify as the Inability to Love objection, or ILO) is that legalizing same-sex marriage would promote a counterfeit good (homosexual marriage) as a genuine good (heterosexual marriage), since homosexuals are incapable of genuine, full erotic love. Proponents of ILO argue that homosexuals are incapable of genuine (...) erotic love because all homosexual relationships lack genuine sexual and affective complementarity. Relying on the arguments of Gareth Moore, I argue against ILO, claiming that it rests on an erroneous conception of desire. Once this conception of desire is corrected, the mythof “homosexual desire” is debunked and along with it the main argument in support of the claim that homosexuals are incapable of love. (shrink)

Oregon State University, USA, andrew.valls{at}oregonstate.edu ' + u + '@' + d + ' '//--> In this article, we draw an analogy between the regulation of market language (including official definitions of `organic', `ice cream', and `diamond') and the regulation of the social and legal label `marriage'. Many of the issues raised in the debate over same-sex marriage are less about access to material benefits than about the social and cultural meaning of `marriage'. After reviewing the issues in this (...) debate, we present an analysis of the regulation of language in the marketplace. We discuss the considerations that shape how the state regulates language in the marketplace, if it regulates it at all. Using this framework to analyze the issue of same-sex marriage allows us to identify the costs and benefits of different proposals with regard to marriage, and allows us to distinguish issues that are often conflated. Contrary to its opponents, we argue that making marriage available to same-sex couples does not violate the meaning of `marriage' or destroy marriage, because such a change is similar to many other changes in which words and labels are extended to include new `goods'. This alters the meaning, but does not destroy it, and it does not preclude the possibility of further linguistic innovation to maintain a distinction. Contrary to proponents of same-sex marriage, however, we argue that extending marriage to same-sex couples is not cost-free. There are costs and benefits of any policy on this issue — costs and benefits related to information and status, as well as material resources. Hence, while we agree with advocates of same-sex marriage, we argue that their position involves trade-offs and costs that they sometimes fail to recognize. Key Words: gay marriage • marriage • language regulation. (shrink)

This paper analyzes the implications that the linguistic formulation of the marriage provision of the Spanish Constitution of 1978 had for securing the passage in 2005 of Law 13/2005, which legalized same-sex marriage. By claiming that a semantic omission in the original legal text was a marker of distributiveness, SSM supporters aimed to avoid a constitutional amendment, and succeeded in doing so. This linguistic argument, based on implicitness, was instrumental as a subsidiary argument of political moral argumentation. Linguistic meaning (...) therefore contributed decisively to both the legal meaning of the marriage provision and the content of the law. I argue, against some assumptions in the literature stating otherwise, that linguistic meaning should not be dismissed in constitutional interpretation and adjudication. (shrink)

This article addresses the debate over religion in the public sphere by analysing the conception of ‘religion’ in the recent work of Habermas, who claims to mediate the divide between those who defend public appeals to religion without restriction and those who place limits on such appeals. I argue that Habermas’ translation requirement and his restriction on religious reasons in the institutional public sphere rest on a conception of religion as essentially apolitical in its origin. This conception, I argue, remains (...) embedded in a standard secularization framework, despite Habermas’ claim to offer a new account of secularization. This approach betrays the complex reality of the political constitution of religion and the religious constitution of politics, as demonstrated by the current debate about marriage rights in the USA. In mischaracterizing the inherently public and political dimensions of religion, Habermas undermines the effectiveness of his normative framework. (shrink)

This article engages the views of PRC Confucian scholars who responded to the United States Supreme Court Justice Anthony Kennedy's citing of Confucius in his majority opinion on same-sex marriage in 2015. It questions their separation of tolerance for homosexuality from legalization of same-sex marriage and argue that tolerance is not enough. The arguments in the mainland Confucian discourse about same-sex marriage highlights the historical and persistent entanglement of Confucianism with patriarchy. Instead of reviving traditional patriarchal society, (...) further entrenching and increasing gender inequality, contemporary Confucianism could shape its own unique modern society that aspires to (and hopefully one day achieving) gender equality together with sexual inclusivity by deconstructing the patriarchal Confucian family and reconstructing a different Confucian family ideal. Accepting same-sex marriage would lend weight to the latter, and there are Confucian reasons for legalizing same-sex marriage and recognizing its ethical value. (shrink)

In the current debate about same-sex marriage, the great majority of writers belong to one of two camps: either completely in favor of same-sex marriage or completely against it. No effort is typically made to treat different dimensions of the problem differently. My approach, however, is to distinguish between two dimensions of the problem—between the right to marry a person of the same sex on the one hand, and the right to obtain public recognition of such marriage, (...) on the other hand. It turns out, then, that the best solution to the problem of samesex marriage may actually fall between the opposing camps, between unqualified rejection and unqualified recognition of same-sex marriage. Same-sex marriage ceremonies ought to be lawful, hence tolerated, but same-sex marriage need not be recognized; the benefits and protections of the marriage license may be denied to same-sex couples without discriminating against them. If sound, the argument of this paper as a whole demonstrates that, in the matter of same-sex marriage, a liberal democratic society, by virtue of the scope and flexibility of its institutions, is capable of reconciling majority rule and tradition with the demands of justice. (shrink)

This paper is an attempt to reconstruct the history of genetic and evolutionary theories of same-sex sexual behavior using Imre Lakatos’ methodology of scientific research programs . Although distinct, those two programs are complementary. Whereas the genetic program maintains that homosexuality is genetically inherited, the evolutionary program attempts to explain how such a gene, which apparently reduces the reproductive fitness of its homozygous carrier, is maintained in the population. This appraisal reveals that the two research programs have not been (...) empirically progressive in the Lakatosian sense. I argue that this situation has arisen precisely because of inappropriate over-commitment to the respective hard cores of the two research programs. As adherence to such cores is essential for success in research programs, according to Lakatos, I argue that Lakatos’ account of science may be descriptively adequate but is normatively inadequate. I provide grounds for generalizing this case as follows: the MSRP may successfully capture the logic of axiomised sciences, such as physics, but applies poorly to most sciences, including biological and social sciences, which do not lend themselves to axiomatic organization. (shrink)

Recent scholarship has identified the modern wedding as a principal site for the construction of heteronormativity. This article examines whether and how the participation of same-sex couples in the wedding ritual can challenge this construction. Photographs from the 2004 San Francisco same-sex weddings were quantitatively content-coded for subjects’ gender presentation and for the extent to which the couple embodied the heteronormative wedding standard of one bride and one groom. I find that all the men in these photographs conformed (...) to gender norms and thus no male couple conformed to the wedding standard. In contrast, approximately one-fifth of the women presented non-normative gender, and more than two-thirds of the formally dressed lesbian couples conformed to the wedding standard of a bride and a groom. In a close reading of four photographs, I argue that these images have the potential to challenge assumptions about normative sex, gender, and sexuality at the level of the symbolic when understood in relation to the institution of marriage. Nonetheless, the enactment of weddings depicted in these images may also reify weddings as heteronormative by conforming to expectations about how individuals and couples present themselves when marrying. These findings point to the importance of distinguishing symbolic and enacted heteronormativity. (shrink)

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition (...) “show[s] a different version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)

This paper addresses the progressive, feminist critique of same-sex marriage as articulated by Claudia Card. Although agreeing with Card that the institution of marriage as we know it is profoundly morally flawed in its origins and effects, Callahan disagrees with Card's suggestion that queer activists in the United States should not be working for the inclusion of same-sex couples in the institution.

Same-sex practices are commonly medicalised in various global spaces. Some societies view same-sex practices as some form of disease that needs to be cured. In Africa, the influence of Christianity has prompted many communities to conclude that there are spiritual forces behind same-sex orientations and practices. Therefore, same-sex practices are demonised, and those identifying with these sexualities and gender identities are viewed as sick, or as having some form of mental illness. As a fast-growing and influential (...) movement in South Africa, Christianity plays a critical role in this narrative. Against this backdrop, this article examined how some Pentecostal pastors in South Africa use God-talk to propel the narrative that medicalises same-sex practices and how these pastors claim to have miraculous powers to heal these practices. Consequently, the gender and sexuality commonly accepted within African religiosity and spirituality are pushed to the peripheries. Therefore, it is argued in this article that the colonial-missionary discourses regarding African sexualities and genders are at play within the religious medicalisation of same-sex narratives. Thus, there is a need to problematise and transform this narrative. This act can contribute to delinking African genders and sexualities from Western repressions and subjugation agendas. The discussion moved from the premise of decoloniality while adopting a multidisciplinary approach that incorporated theology, gender and sexuality studies, psychology, health, and socio-political sciences. Again, the article used secondary literature analysis to examine this phenomenon and to gain a thorough understanding of how African Pentecostalism continues to use God-talk to medicalise same-sex practices in contemporary South Africa and the repercussions thereof.Contribution: The study contributed to the existing knowledge that addresses religious challenges faced by people identifying with non-normative sexualities and genders in Africa. This can contribute to the transformation of religious medicalisation of same-sex practices in South Africa, and elsewhere. (shrink)

This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.

The paper argues that same-sex marriage ought to be legalized. The argument is ecumenical and appeals only to basic principles of liberal government. Specifically, the paper argues that if the government is offering an opportunity to one group, then it may not withhold the opportunity from another on the ground that the people receiving it are immoral or that their receipt of the opportunity would spread immoral messages. The only acceptable ground is that the group’s receipt would cause wrongful (...) harm to third-parties that would outweigh the benefits. Same-sex marriage would not do so, and thus it must to be allowed. As part of this argument, the paper addresses the popular stamp-of-approval and defense-of-marriage arguments against same-sex marriage. (shrink)

This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.

Experience clearly suggests that most legal philosophers and ethicists are not surprised to be told that liberal states cannot permissibly prohibit same-sex marriage (henceforth: SSM). It is somewhat less clear just what the appropriate liberal strategy is and should be in defense of this thesis. Rather than try to defend SSM directly, I shall proceed indirectly by arguing that SSM prohibitions are indefensible on liberal grounds. Initially, I shall consider what I take to be the most powerful liberal argument (...) against SSM prohibitions and account for my reservations about it. Then, I shall propose an alternative argument with roots in constitutional law that since SSM prohibitions do not survive liberal scrutiny, they must be rejected. (shrink)

This article examines the interplay between homophobia and nationalism by analyzing online comments on the ruling of legalizing same-sex marriage in Taiwan. Drawing on methods from critical discourse analysis, I focus on the framing of this ruling by members from a Chinese antigay community online. I show that they frame this ruling as (1) in opposition to public opinion, (2) promoting ‘Westernization’ and ‘Independence’, (3) seeking immorality and self-destruction. I find that within these frames, they evoke nationalist discourses that (...) represent supporters of this ruling as the ‘Other’ who attempt to split with China, thereby associating LGBT equality movements in China with this political threat. I argue that these nationalist discourses are used in a way that reinforces and legitimizes discourses of homophobia. (shrink)

We explore physiological linkage among 34 same-sex male couples. Interbeat interval, an indicator of cardiovascular arousal, was collected across four conversational contexts in the lab: a baseline period that did not involve conversation, a conversation about body image, a conversation about health goals, and a recovery period that allowed for unstructured conversation. We used a newly developed R statistical package that simplifies the use of dynamic models for investigating interpersonal emotional processes. We identified two different PL patterns: a simple (...) one that was characterized by stable synchronization and low frequency of oscillation; and a complex one that was characterized by drifting synchronization, high frequency of oscillation, and eventual damping. Guided by social baseline theory and the reactive flexibility perspective, we explored the interactions between couple relationship functioning and conversational context as predictors of the PL patterns. The results suggest that partners in well-functioning relationships and emotionally challenging situations may be especially likely to show complex PL patterns that may reflect coregulatory processes. (shrink)

The prominent call to legalise same-sex marriage in Australia raises questions concerning whether its achievement will result in amplified societal acceptance of lesbian, gay, bisexual, and transgender (LGBT) people, and on what grounds this acceptance will take place. Same-sex marriage may not challenge heteronormative and patriarchal features typically associated with marriage, and may serve to reinforce a hierarchy that promotes traditional marriage as the ideal relationship structure. This may result in only assimilationist acceptance of LGBT people. However, the (...) consequence of inclusion to marriage ought to reflect social acceptance of LGBTs as people worthy of equal treatment in dignity and in rights, regardless of perceived differences or similarities to a supposed majority standard. This article argues that justice would be best served by introducing and promoting a variety of State-sanctioned unions whilst simultaneously introducing same-sex marriage. This ‘pluralisation strategy’ would increase awareness and legitimacy of other relationship-recognition options, promoting respectful acceptance of LGBT and heterosexual people alike. (shrink)

To understand Hegel’s concept of Sittlichkeit (ethical life) and the role that love and marriage play in it, we must understand his concept of recognition. It is a mistake, however, to think as some do that mutual recognition between equals is sufficient for Sittlichkeit. Rather, for Hegel, the more significant and powerful the recognizer, the more real the recognized. Ultimately recognition must come from spirit (Geist). Understanding this will allow us to see, despite Hegel, that he can capture, better than (...) other theorists, many of the central concerns of contemporary same-sex marriage proponents and help provide them a philosophical underpinning. (shrink)

This paper offers an argument in favour of the conclusion that it is seriously unjust to exclude same-sex couples from the institution of civil marriage. The argument is based on an interpretation of what the institution of marriage essentially is, and of its essential rationale; the crucial claim is that although marriage is a legal institution, it is also a social institution, involving a "social meaning" -- a body of common knowledge and expectations about marriage that is generally shared (...) throughout society. (shrink)

Fisher, Anthony The campaign to redefine marriage has recently gained such momentum- with now three and soon four Bills before the Commonwealth Parliament-that many think it is inevitable; this can leave those with misgivings feeling that they are already losers in a done deal. Some think it's the inexorable progress of liberty and equality-which leaves the doubters 'on the wrong side of history'. In this context supporters of classical marriage are presumed to have no real arguments to offer. So in (...) this paper I want to offer some reasons-not decrees from on high or from the past, not expressions of hatred or prejudice-but reasons I hope anyone can understand. I also hope you find these reasons persuasive and helpful in proclaiming and witnessing to true marriage among your families, friends and colleagues. But even if you disagree with me on this matter, I at least hope to help you understand why Australian law has always held, and many people still hold, that marriage is for people of opposite sex. (shrink)

In this article, I explore the ethical dimensions of same-sex reproduction achieved through epigenome editing—an innovative and transformative technique. For the first time, I analyse the potential normativity of this disruptive approach for reproductive purposes, focusing on its implications for lesbian couples seeking genetically related offspring. Epigenome editing offers a compelling solution to the complex ethical challenges posed by traditional gene editing, as it sidesteps genome modifications and potential long-term genetic consequences. The focus of this article is to systematically (...) analyse the bioethical issues related to the use of epigenome editing for same-sex reproduction. I critically assess the ethical acceptability of epigenome editing with reproductive purposes from multiple angles, considering harm perspectives, the comparison of ethical issues related to gene and epigenome editing, and feminist theories. This analysis reveals that epigenome editing emerges as an ethically acceptable means for lesbian couples to have genetically related children. Moreover, the experiments of a reproductive use of epigenome editing discussed in this article transcend bioethics, shedding light on the broader societal implications of same-sex reproduction. It challenges established notions of biological reproduction and prompts a reevaluation of how we define the human embryo, while poses some issues in the context of gender self-identification and family structures. In a world that increasingly values inclusivity and diversity, this article aims to reveal a progressive pathway for reproductive medicine and bioethics, as well as underscores the need for further philosophical research in this emerging and fertile domain. (shrink)

Argues that natural law theory provides no credible basis for objecting to the legal recognition of same-sex marriage and offers a two-fold defense of marriage equality: natural-law arguments against marriage equality are unsuccessful; and, even if they are; proponents of new classical natural law theory should still see legally recognizing same-sex marriages as reasonable.

When examined critically, Kant's views on sex and marriage give us the tools to defend same-sex marriage on moral grounds. The sexual objectification of one's partner can only be overcome when two people take responsibility for one another's overall well-being, and this commitment is enforced through legal coercion. Kant's views on the unnaturalness of homosexuality do not stand up to scrutiny, and he cannot (as he often tries to) restrict the purpose of sex to procreation. Kant himself rules out (...) marriage only when the partners cannot give themselves to one another equally – that is, if there is inequality of exchange. Because same-sex marriage would be between equals and would allow homosexuals to express their desire in a morally appropriate way, it ought to be legalized. (shrink)

Argues that same-sex “marriage” is a logical and practical impossibility and has serious implications for both other aspects of family law and the respect for human life and children in our culture. Asserts that the movement for same-sex “marriage” is a logical outgrowth of our culture’s separation of sex and procreation. Argues that the basis for opposition to this movement may be the residual reservoir of traditional understanding about marriage in the American public.

This edited volume contributes to the growing literature on post-marriage-equality marriage. It is the first interdisciplinary approach to understanding the various historical, empirical, normative, and legal dimensions of marriage as Americans begin to imagine what marriage could be like in the future.