Abstract

http://ssrn.com/abstract=1718702
 


 



On the Legal Validation of Sexual Relationships


Richard Stith


Valparaiso University School of Law

December 1, 2010

THE JURISPRUDENCE OF MARRIAGE AND OTHER INTIMATE RELATIONSHIPS, Scott FitzGibbon, Lynn Wardle, A. Scott Loveless, eds., William S. Hein & Co. Inc., 2010

Abstract:     
Working within a liberal political paradigm, one that privileges freedom and equality while eschewing the inculcation of moral excellence for its own sake, this essay will make two proposals: first, that certain same-sex unions should be legally validated, and second, that certain different-sex unions should no longer be legally valid. The former would seem fairly unproblematic, while the latter may be useful as a political compromise despite its possible costs.

More important than either proposal, however, will be the conceptual clarity (regarding the public interest in marriage) achieved en route to them. The essay radically rethinks the same-sex marriage debate. For example, it argues that the principles of liberty and equality ordinarily cut against the recognition of same-sex unions, but that the future needs of children may cut in favor of the recognition of such unions.

Number of Pages in PDF File: 25

Keywords: same-sex marriage, gay marriage, homosexual marriage, civil unions, elder marriage, same-sex adoption, gay adoption, homosexual adoption, validation, invalidation, non-validation, prohibition, nature, liberal thought, libertarian, liberty, equality, fairness, Scalia, Lawrence v. Texas, Rawls, Kant

JEL Classification: B25, B30, B31, D63, H00, H41, I18, I31, J12, J18, J70, J71, J72, K10, K14, K19, K39, Z10

Accepted Paper Series


Download This Paper

Date posted: December 5, 2010  

Suggested Citation

Stith, Richard, On the Legal Validation of Sexual Relationships (December 1, 2010). THE JURISPRUDENCE OF MARRIAGE AND OTHER INTIMATE RELATIONSHIPS, Scott FitzGibbon, Lynn Wardle, A. Scott Loveless, eds., William S. Hein & Co. Inc., 2010 . Available at SSRN: http://ssrn.com/abstract=1718702

Contact Information

Richard T. Stith (Contact Author)
Valparaiso University School of Law ( email )
656 S. Greenwich St.
Valparaiso, IN 46383-6493
United States
Feedback to SSRN


Paper statistics
Abstract Views: 563
Downloads: 71
Download Rank: 187,818

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.438 seconds