2013
DOI: 10.5539/jpl.v6n4p129
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The Liberal Case against Same-Sex Marriage Prohibitions

Abstract: Experience suggests that most legal philosophers and ethicists are not surprised to be told that liberal states cannot permissibly prohibit same-sex marriage (henceforth: SSM). It is somewhat less clear what the appropriate liberal strategy is, and should be, in defense of this thesis. Rather than defend SSM directly, I proceed indirectly by arguing that SSM prohibitions are indefensible on liberal grounds. First, I articulate a principle that has roots in constitutional law that I dub the "Rational Basis Prin… Show more

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