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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

Abstract:     
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.

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Date posted: May 3, 2010 ; Last revised: August 26, 2010

Suggested Citation

Ball, Carlos A., The Proper Role of Morality in State Policies on Sexual Orientation (April 30, 2010). New York University Review of Law & Social Change, Vol. 34, 2010; Rutgers School of Law-Newark Research Paper No. 072. Available at SSRN: http://ssrn.com/abstract=1598503

Contact Information

Carlos A. Ball (Contact Author)
Rutgers, The State University of New Jersey - School of Law-Newark ( email )
123 Washington Street
Newark, NJ 07102
United States
973-353-3008 (Phone)
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