Interracial Marriage and Same-Sex Marriage: Why the Analogy Fails

Public Discourse (May 21, 2010), https://www.thepublicdiscourse.com/2010/05/1324/

8 Pages Posted: 21 Jun 2021

See all articles by Francis Joseph Beckwith

Francis Joseph Beckwith

Baylor University - Department of Philosophy; Baylor University - Department of Political Science; Baylor University - Institute for Studies of Religion

Date Written: May 9, 2010

Abstract

Many writers, and some judges, in making their case for the legal recognition of same-sex marriage argue that the non-recognition of same-sex marriage is analogous to laws that banned interracial marriage. The author, relying on the history of anti-miscegenation laws and their challenge to common law marriage, argues that the analogy fails.

Keywords: anti-miscegenation laws, same-sex marriage, common-law marriage, interracial marriage

Suggested Citation

Beckwith, Francis, Interracial Marriage and Same-Sex Marriage: Why the Analogy Fails (May 9, 2010). Public Discourse (May 21, 2010), https://www.thepublicdiscourse.com/2010/05/1324/, Available at SSRN: https://ssrn.com/abstract=3863430

Francis Beckwith (Contact Author)

Baylor University - Department of Philosophy ( email )

One Bear Place #97273
Waco, TX 76798-7273
United States
254-710-6464 (Phone)

HOME PAGE: http://francisbeckwith.com

Baylor University - Department of Political Science

Baylor University - Institute for Studies of Religion

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