Judging the Case Against Same-Sex Marriage

Andrew Koppelman

Northwestern University School of Law

April 25, 2013

University of Illinois Law Review, Forthcoming
Northwestern Public Law Research Paper No. 13-08

The case for same-sex marriage has been politically triumphant, and its victory looks inevitable. It nonetheless is curiously incomplete. It has succeeded, not because the most sophisticated opposing arguments have been considered and rejected, but because those arguments have not even been understood. Those arguments rest on complex claims, either about what sustains the stability of heterosexual marriages or about what those marriages essentially are. The most familiar claim, that recognition of same-sex marriage jeopardizes the heterosexual family, demands an account of the transformation of family norms in the past half century. Major social change should not be undertaken without a full awareness of what is at stake.

This essay remedies a major gap in the literature. It critically surveys and evaluates the arguments against same-sex marriage. You may not be persuaded by them. In fact, you shouldn’t be persuaded by them. But you need to know what they are.

Number of Pages in PDF File: 37

Keywords: same-sex marriage, gay rights, Amy Wax, Robert George

JEL Classification: K1, K10, K19

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Date posted: April 28, 2013 ; Last revised: April 29, 2014

Suggested Citation

Koppelman, Andrew, Judging the Case Against Same-Sex Marriage (April 25, 2013). University of Illinois Law Review, Forthcoming; Northwestern Public Law Research Paper No. 13-08. Available at SSRN: http://ssrn.com/abstract=2257557

Contact Information

Andrew M. Koppelman (Contact Author)
Northwestern University School of Law ( email )
375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8431 (Phone)

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