The Proper Role of Morality in State Policies on Sexual Orientation

29 Pages Posted: 3 May 2010 Last revised: 26 Aug 2010

Carlos A. Ball

Rutgers Law School

Date Written: April 30, 2010

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.

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: https://ssrn.com/abstract=1598503

Carlos A. Ball (Contact Author)

Rutgers Law School ( email )

NJ
United States
973-353-3008 (Phone)

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