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Straight is Better: Why Law and Society May Legitimately Prefer Heterosexuality

79 Pages Posted: 28 Jul 2010 Last revised: 25 Aug 2011

George W. Dent Jr.

Case Western Reserve University School of Law

Date Written: July 27, 2010

Abstract

America is embroiled in a culture war over homosexuality. The homosexual movement demands the end of “heteronormativity” - the social and legal preference for heterosexuality. It insists that “Gay Is Good” - just as good as heterosexuality. This article presents a defense of heteronormativity; it argues that straight is better. In particular, it argues that naturally conceiving, bearing and raising children is intrinsically good for parents; that it is both intrinsically and instrumentally good for children to be raised by their biological parents who are married to each other; and that traditional marriage is both intrinsically and instrumentally good for women and men. Because of the unique benefits of traditional marriage, it is also beneficial to society. Because of these benefits, society may legitimately favor heterosexuality (e.g., in public education), although it may not punish other forms of sexual behavior that are not harmful.

Keywords: Heternormativity, Homosexuality, Heterosexuality, Marriage, Family, Discrimination, Moral Judgments, Catholic Natural Law

JEL Classification: K10, K40, I28

Suggested Citation

Dent, George W., Straight is Better: Why Law and Society May Legitimately Prefer Heterosexuality (July 27, 2010). Texas Review of Law & Politics, Vol. 15, p. 359, 2011; Case Legal Studies Research Paper No. 2010-22. Available at SSRN: https://ssrn.com/abstract=1649574

George W. Dent Jr. (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-3311 (Phone)
216-368-2086 (Fax)

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