Single-Gender Marriage: A Religious Perspective

57 Pages Posted: 11 Jul 2017

See all articles by Raymond C O'Brien

Raymond C O'Brien

Catholic University of America (CUA) - Columbus School of Law

Date Written: 1998

Abstract

This Article will offer a religious perspective which is a response to the legal arguments in favor of single-gender marriage. Three arguments will be made: first, that the religious perspective identified and associated with the Roman Catholic tradition offers a fundamental basis for family life that has been proven to be beneficial to society as a whole, and to the message of revelation consigned to Christians by Jesus Christ; second, inasmuch as the religious perspective is being contradicted by judicial interpretation rather than through legislative process, a tyranny of judicial activism has and is subverting a public policy consensus; and third, an analysis of the Hawaiian decision Baehr v. Lewin, which presently prompts the debate over single-gender marriage, offers a compelling state interest to restrict the definition of marriage to those persons of the opposite gender.

Suggested Citation

O'Brien, Raymond C, Single-Gender Marriage: A Religious Perspective (1998). Temple Political & Civil Rights Law Review, Vol. 7, Pp. 429-84 (1998), CUA Columbus School of Law Legal Studies Research Paper No. 2017-19, Available at SSRN: https://ssrn.com/abstract=2998098

Raymond C O'Brien (Contact Author)

Catholic University of America (CUA) - Columbus School of Law ( email )

3600 John McCormack Rd., NE
Washington, DC 20064
United States

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