The Proper Role of Morality in State Policies on Sexual Orientation
Carlos A. Ball
Rutgers, The State University of New Jersey - School of Law-Newark
April 30, 2010
New York University Review of Law & Social Change, Vol. 34, 2010
Rutgers School of Law-Newark Research Paper No. 072
In this Essay, which was previously titled “Gay is Good: Morality and the LGBT Rights Movement,” I explore the question of when may the State properly take into account notions of morality when setting policy in matters related to sexual orientation. My contention is that the State may do so when (1) it is expanding rather than restricting rights and benefits; (2) the moral considerations have empirical support; and (3) those considerations are consistent with our nation’s constitutional values.
Number of Pages in PDF File: 29Accepted Paper Series
Date posted: May 3, 2010 ; Last revised: August 26, 2010
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