The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined to resist (...) Liberalism are invited to consider an alternative position: the Libertarian stance that favors instead the ‘disestablishment’ of marriage. (shrink)

This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.

This article examines the phenomenon of same-sex unions, both joint suicides and weddings, mostly among young, low-income, non-English speaking women, that have been reported from many parts of India over the last three decades. Most of the women were Hindus and many of the weddings took place by Hindu rites. None of these women had contact with any LGBT or women's movement or activists before their weddings. Ancient as well as modern texts show that people can and do draw (...) on traditional Hindu ideas about love (as the product of attachments formed in former lives), rebirth (attachments persist from one birth to another) and marriage (which is supposed to outlast one lifetime) to legitimize socially disapproved unions, both cross-sex and same-sex. Right-wing Hindu forces today mistakenly argue that the idea of same-sex love and marriage, and indeed of marriage based on love itself, are Western imports. In fact, same-sex marriages were reported from rural areas and small towns long before the Indian LGBT movement took cognizance of the issue. When families accept them, female couples are generally able to stay together but when families violently oppose them, often with the collusion of local police, couples may be forced to separate or driven to suicide, even though law courts have uniformly upheld the right of consenting adults to live together. Modern Hindu teachers and priests are divided on the question of the validity and desirability of same-sex marriage; a doctrinal debate is now developing. (shrink)

Some critics of same-sex marriage allege that this kind of union not only betrays the nature of marriage but that it also opens children to various kinds of harm. Same-sex marriage is objectionable, on this view, in its nature and in its effects. A view of marriage as requiring an unassisted capacity to conceive children may be respect as one idea of marriage, but this view need not be understood as marriage itself. It is not clear, in (...) any case, why government should prefer this one idealized view of marriage over other others, so long as recognition of other kinds of marriage do not stand in the way of government carrying out its core interests, such as the protection of children. The idea that children are necessarily harmed when conceived by and for same-sex couples cannot be sustained as a matter of psychological evidence or moral argument. No research shows that such children are routinely harmed or rarely-but-catastrophically. Comparative accounts of the welfare of children of same-sex couples cannot show either that children must be brought into existence only under ideal circumstances. (shrink)

This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.

Proponents of same-sex marriage often defend their view by appealing to the concept of justice. But a significant argument from justice against same-sex marriage can be made also, as follows. Heterosexual union has special social value because it is the indispensable means by which humans come into existence. What has special social value deserves special recognition and sanction. Civil ordinances that recognize same-sex marriage as comparable to heterosexual marriage constitute a rejection of the special social value (...) of heterosexual unions, and to deny such special social value is unjust. (shrink)

The prominent call to legalise same-sex marriage in Australia raises questions concerning whether its achievement will result in amplified societal acceptance of lesbian, gay, bisexual, and transgender (LGBT) people, and on what grounds this acceptance will take place. Same-sex marriage may not challenge heteronormative and patriarchal features typically associated with marriage, and may serve to reinforce a hierarchy that promotes traditional marriage as the ideal relationship structure. This may result in only assimilationist acceptance of LGBT people. However, the (...) consequence of inclusion to marriage ought to reflect social acceptance of LGBTs as people worthy of equal treatment in dignity and in rights, regardless of perceived differences or similarities to a supposed majority standard. This article argues that justice would be best served by introducing and promoting a variety of State-sanctioned unions whilst simultaneously introducing same-sex marriage. This ‘pluralisation strategy’ would increase awareness and legitimacy of other relationship-recognition options, promoting respectful acceptance of LGBT and heterosexual people alike. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational (...) basis review in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of JL as the (...) most fundmental reason why laws that recognize marriage only if it is a union between one man and one woman are unjust. In this article I argue that the application of JL in support of legal recognition of SSM does not succeed because the issue under scrutiny—the nature of marriage—is deeply embedded in, and in most cases integral to, many (if not most) citizens’ reasonable comprehensive doctrines. Thus, I argue that because of the effects and consequences of the legal recognition of SSM, it results (or will result) in a violation of JL against dissenting citizens. (shrink)

In What is Marriage? One Man and One Woman: A Defense, Sherif Girgis, Ryan Anderson and Robert George defend the ‘conjugal marriage’ while claiming to make no moral judgments about homosexuality. My contention in this article is that the argument of What is Marriage is not sufficiently different from the arguments of classical new natural law theorists, and, therefore, What is Marriage does not remain neutral on the question of whether homosexuality is moral. First, I give an overview of some (...) classical NNLT arguments on the nature of marriage and their sexual ethic. Next, I present What is Marriage's account of conjugal marriage as a comprehensive union of two people, focusing on what makes a genuinely bodily union. I then move to the central contention of this article. By drawing on its understanding of genuinely bodily union and its account of the harm of same-sex marriage, I argue that What is Marriage is committed to the view that same-sex sexual unions cannot be good, since on its account of things there can be no shared sexual goods in a same-sex sexual ‘union’. (shrink)

In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of (...) legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

In the Coman case, the European Court of Justice was asked whether the term “spouse”—for the purposes of EU law—includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free (...) movement that Union citizens enjoy under EU law. This case comment analyses the judgment, arguing that the Court’s pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, following the delivery of this ruling, a lot of questions have arisen and gaps in the protection of same-sex couples persist, and these are also analysed in this piece. (shrink)

Gay marriages (as such) are not as yet allowed anywhere but the demand for them is increasing. Most countries take a liberal attitude towards marriage: few obstacles are put in its way. But objections to gay marriages continue to be raised. These objections are refuted and the case for gay marriage is assessed through the prism of various forms of liberalism. The normative argument for allowing gay marriage is shown to be both strong and consistent with many of the values (...) upheld by the opponents of such unions. (shrink)

Research on gender inequality within different-sex marriages shows that women do more unpaid labor than men, and that the perception of inequality influences perceptions of marital quality. Yet research on same-sex couples suggests the importance of considering how gender is relational. Past studies show that same-sex partners share unpaid labor more equally and perceive greater equity than do different-sex partners, and that lesbian, gay, and bisexual people are less gender conforming than heterosexuals. However, studies have not considered how (...) gender conformity might shape inequalities and marital quality within same- and different-sex unions. In this study, we analyze dyadic data from both spouses in same- and different-sex marriages to explore how sex of spouse and gender conformity influence perceptions of shared power within the relationship, which, in turn, influences marital quality. Results show that greater gender conformity is related to stronger perceptions of shared power in different-sex and male same-sex couples but not in female same-sex couples. Perceptions of shared power are positively associated with marital quality in all union types. Our findings suggest that maintaining hegemonic masculinity and power inequalities may be salient to marriages with men. In female same-sex couples, gender and its relation to power inequalities may carry less meaning. (shrink)

Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the one hand, (...) there is a ‘deflationary’ approach, on which the state ceases to confer marital status, but does remain in the status-conferring business. On this approach, the state would still bestow a certain ‘thinner’, more ‘neutral’ legal status – as it does when it creates civil unions, for instance. Call this the ‘Status Model’ of disestablished marriage. On the other hand, there is an ‘eliminativist’ approach, on which the state ceases to confer any sort of status at all – not even the thin or neutral status of ‘civilly-unioned’. There simply are no registered domestic partnerships. What there is, is contract law, and individuals entering into contracts for life-partnership – contractual arrangements which might assume any of a wide variety of forms. Call this the ‘Contract Model’ of disestablished marriage. In this paper, I explore the merits of these competing models. After briefly discussing what it means to speak of ‘disestablishing marriage’, and examining the case for disestablishment, I proceed to consider the advantages and disadvantages of each model. My tentative conclusion is that the Contract Model is the one that best instantiates cardinal liberal virtues. (shrink)

The Fellowship of Confessing Anglicans (FCA), whose leaders govern well over half of the 80 million Anglicans worldwide, have put forward ‘a contemporary rule,’ called The Jerusalem Declaration, to guide the Anglican realignment movement. The FCA and its affiliates, e.g. the newly-formed Anglican Church in North America, require assent to the Declaration. To date, there has been little serious appraisal of the Declaration and the status accorded to it. I aim to correct that omission. Unlike ap-praisals in the social media, (...) however, mine grants the FCA’s conservative stand on same-sex unions and homosexual practice. Nevertheless, I argue, the Declaration mischaracterizes the traditional Christian teaching on marriage, binds Anglicans to falsehoods and dubieties in the Thirty-Nine Articles, and adds to the gospel. Two things follow. First, no one—especially no Anglican who identifies herself as con-servative, traditional, orthodox, evangelical, Anglo-catholic or simply concerned with the truth—should assent to the Jerusalem Declaration. Second, since the FCA and its affiliates know that these defects ex-ist in the Declaration, they should fess up to these shortcomings and retract the Declaration’s status as ‘a contemporary rule’ and they should stop requiring assent to it. Anything less constitutes intellectual dis-honesty of a most egregious sort. (shrink)

This book defends the conjugal view of marriage. Patrick Lee and Robert P. George argue that marriage is a distinctive type of community: the union of a man and a woman who have committed to sharing their lives on every level of their beings (bodily, emotionally, and spiritually) in the kind of union that would be fulfilled by conceiving and rearing children together. The comprehensive nature of this union, and its intrinsic orientation to procreation as its natural (...) fulfillment, distinguishes marriage from other types of community and provides the basis for the norms of marital exclusivity and permanence. Lee and George detail how the basic moral norms regarding sexual acts follow from the ethical requirement to respect the good of marriage and explain how the law should treat marriage, given its conjugal nature, examining both the same-sex-marriage issue and civil divorce. (shrink)

Recently the General Synod of the Church of England agreed to approve liturgical resources— Prayers of Love and Faith—for blessing same-sex couples. This decision was the result of a long process of discernment concerning matters of sexuality and identity called Living in Love and Faith. This article aims to critique some of the background ethical and theological assumptions at work in the Living in Love and Faith resources, specifically the way the role of asceticism is conceived in them. I (...) argue that while there are promising references to formation of desire through discipline and restraint in the LLF resources, their ascetic intuitions remain limited to world-related goods, neglecting the significance of bodily practices for God-related goods and for our final flourishing. Paying attention to the theological dimensions of Christian ascetic practice will also reveal the importance of concrete limitations for ascetic formation of desire. I argue that such limits are required for unravelling the transcendent capacities of human desire. At the end of the article, I make some suggestions as to how the revitalisation of not just ethical but theological ascetic praxis can be helpful in navigating the Church of England's current disagreement with respect to same-sex unions. (shrink)

In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be both legal and (...) eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. One potentially surprising conclusion of this inquiry is that far from creating strong reasons for tolerating these practices, religious or cultural reasons for valuing incest (as well as polygamy) actually seem to count against tolerating them. The reason is that from a liberal perspective, tolerating polygamy and incest involves the assumption that it is possible to disassociate polygamy and incest simpliciter from abusive practices associated with them, including environments where children are raised to devalue their own sexual (and other) autonomy. However, the presence of comprehensive doctrines which include polygyny or incest as part of a good life actually makes it harder to justify disassociating polygamy and incest themselves from the likely abuse and coercion practiced by those who would value polygyny or incest. (shrink)

One current line of argument against the legalization of same-sex marriage, advocated primarily by the New Natural Lawyers, is that marriage is a pre-political institution that has, as an essential element, a bodily union requirement. They argue that same-sex couples cannot realize bodily union in their sexual activities and thus cannot meet the structural requirements of marriage. Accordingly, they argue that the same-sex marriage debate must be framed as a debate about what marriage is, and (...) not, as it was in the anti-miscegenation precedents, about who can get married. I argue that their position, which promulgates a set of pernicious stereotypes about same-sex couples, is, first of all, internally inconsistent. According to their own metaphysical principles about bodily union, they provide no rational basis for the claim that same-sex couples cannot realize bodily union and thus that same-sex couples cannot be married. Second, I argue for a deflationary account of the significance of bodily union. While same-sex couples, like heterosexual couples, can realize bodily union, this sort of union has no moral significance and thus cannot be the factor that distinguishes marriages from other sorts of relationships. Finally, I suggest that they have no basis for their claims about the inferiority of same-sex relationships. (shrink)

The author pleads for an equal and differentiated treatment of marriage and same-sex-unions in civillaw. In theological perspective it is necessary to regard same-sex-unions as well as marriages under the aspects oflife-long commitment and responsibility- both may be and should be »Iove in earnest« F or the decisive moment in every kind oflife-long partnership in the destination that »your body isatemple ofthe Holy Spirit«. - From this central point of view biblical damnations of homosexual behaviour must be criticised. (...) - As further consequences the articel discusses the legal introduction of the possibility of »registered partnership« for gay people and following options in liturgy and law of the church. (shrink)

In this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it (...) is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies. (shrink)

The aim of the article is to discuss the legal language transformations from a diachronic perspective taking into account the following factors: (i) spatial and temporal, (ii) linguistic norm changes, (iii) political, (iv) social (customs), and (v) globalization as well as (vi) EU-induced. Spatial and temporal factors include legal relations influenced by climate and the cycles of nature. Linguistic factors include spelling reforms and grammatical changes each language undergoes, for example, as a result of usage. As far as the law (...) is concerned, normative changes can be observed when laws are amended. Other factors such as customs, usage, etc. cannot be neglected when discussing the language of the law. Analogously political correctness and usage can be observed in gender sensitive language and the introduction of such terms as chairperson instead of chairman. Social factors should not be overlooked. As a result of social changes, numerous terms have been introduced to legal lexicons in many countries starting with same-sex unions or same-sex-marriages. The so-called political correctness enforces some language changes and leads to the introduction of new terms and at the same time the abandonment of others. Consequently, some terms cease to be used and consequently become archaic. The aim of the article is to focus on diachronic changes in legal languages and present the communication problems resulting from them from intra- and inter-lingual perspectives. (shrink)

“For what tomorrow will be, no one knows,” writes Victor Hugo. This dialogue, proposed to Jacques Derrida by the historian Elisabeth Roudinesco, brings together two longtime friends who share a common history and an intellectual heritage. While their perspectives are often different, they have many common reference points: psychoanalysis, above all, but also the authors and works that have come to be known outside France as “post-structuralist.” Beginning with a revealing glance back at the French intellectual scene over the past (...) forty years, Derrida and Roudinesco go on to address a number of major social and political issues. Their extraordinarily wide-ranging discussion covers topics such as immigration, hospitality, gender equality, and “political correctness”; the disordering of the traditional family, same-sex unions, and reproductive technologies; the freedom of the “subject” over and against “scientism”; violence against animals; the haunting specter of communism and revolution; the present and future of anti-Semitism (as well as that which marked Derrida’s own history) and the hazardous politics of criticizing the state of Israel; the principled abolition of the death penalty; and, to conclude, a chapter “in praise of psychoanalysis.” These exchanges not only help to situate Derrida's thought within the milieu out of which it grew, they also show more clearly than ever how this thought, impelled by a deep concern for justice, can be brought to bear on the social and political issues of our day. What emerges here above all, far from an abstract, apolitical discourse, is a call to take responsibility—for the inheritance of a past, for the singularities of the present, and for the unforeseeable tasks of the future. (shrink)

Following the publication of Pope Francis’ Apostolic Exhortation Amoris Laetitia, four aged Cardinals wrote to him asking him to clarify positions in the Exhortation they charged were causing confusion to the faithful. They even suggested he had changed some Catholic doctrines. This essay answers their questions, arguing that Francis has not changed any Catholic doctrine but has changed, in the sense that he has renewed, Catholic pastoral practice. It also argues that, while not changing any Catholic doctrines, he has reprioritized (...) some of them, especially the doctrines of the authority and inviolability of conscience and what he calls the “irregular situations” of cohabitation, same-sex unions, and divorce and remarriage without annulment. (shrink)

This book is the first comprehensive examination of the ethical parameters of paganism when considered as a world religion alongside Christianity, Islam, Judaism, Hinduism and Buddhism. The issues of evil, value and idolatry from a pagan perspective are analyzed as part of the Western ethical tradition from the Sophists and Platonic schools through the philosophers Spinoza, Hume, Kant and Nietzsche to such contemporary thinkers as Grayling, Mackie, MacIntyre, Habermas, Levinas, Santayana, et cetera From a more practical viewpoint, a delineation of (...) applied pagan ethics is then presented in connection with current moral issues such as same-sex union, recreational drugs, environmental awareness, abortion and terrorism. Finally, overviews of sectarian pagan ethics (Shinto, Santeria, Heathenism, Druidry, Romuva, Slavic, Kemeticism, Classical and Wicca) provide both the general and pagan reader with an understanding of the provocative range and differentiation of pagan ethical thought. The book approaches the Western ethical tradition as an historical development and a continuing dialogue. The novelty of this approach lies in its consideration of paganism as a legitimate voice of religious spirituality rather than a satanic aberration or ridiculous childish behavior. The book is aimed at both the contemporary Western pagan and anyone with an interest in the moral dilemmas of our times and the desire to engage in the global ethical discussion.Among the more important features of the book are its presentation of a re-evaluation of idolatry, the notion of the virtue value, the richness of the pagan tradition, and the expansion of Western ethics beyond its Christian heritage. (shrink)

In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their practical side: (...) religious practices tend to be perceived by religious group members as providing guidance for conduct, one that challenges the rules of the state legal order and its monistic structure. Finally, by exploring the issue of same-sex union recognition, I defend the claim that, in a truly post-secular society, the state should allow a multiplicity of relationship-recognition models that reflect and meet different interests and needs. (shrink)

"Family" has been a contested institution for the first Italian gay movement in the Seventies, sharing the feminist rebellion against patriarchy. It was Arci Gay that started using the word famiglie in the 90s during the political campaigns for a legal recognition of same-sex couples, while more radical groups still contested the term. In the mainstream political debate, the use of the singular family vs the plural families became a sign of closure or opening towards the GLBT movement's requests. (...) National polls and Eurobarometers have tested the level of social acceptance for same-sex unions and adoptions overtime, and are a good source to describe the changing social situation for families with lesbian and gay parents. In 2000s political groups formed specifically around the issue of GLBT parenting. The word omogenitorialitÀ was coined after the french example, and used in the political debate. Notwithstanding the long debate and the diffusion in many countries all over the world of the recognition of same-sex partnerships and parenthood, in Italy no law has been approved yet, and opposition is still strong. (shrink)

Marriage and family are obviously central to Confucian ethics. Perhaps the most oft‐repeated exhortation in the Analects is the duty of children to care for parents. There is little in the Daodejing or Zhuangzi on marriage and family. Relative silence suggests that Daoism does not place much importance on the formal institutionalization of interpersonal commitments. Male and female instinctually complement one another, and their pairing opens the way to reproduction, a major theme of the Daodejing. The Daodejing certainly suggests that (...) heterosexual unions are commonplace and potent. A modern Confucian perspective could be affirmative. If we take the most basic Confucian principles—humanity, ritual, and duty—shorn of any gender implications, it is by no means necessary that they would deny same‐sex marriage. Contemporary Confucians would have an initial presumption against divorce. Marriage, of any sort, is a solemnly declared commitment and, as such, it should be respected and preserved. (shrink)

This article relates to the CJEU’s understanding of the concept of the spouse in Case C-673/16 and its effect on the process of law application by Polish administrative courts. The authors considerations are based on the assumption that the CJEU’s interpretation of EU law in Coman and Others is of a dynamic-deliberative nature, based on functional rules, and that at the same it time takes into account a specific legal and socio-cultural context in which one of the fundamental freedoms (...) guaranteed by EU law is implemented. This judgment, as authors underline, confirms that a proper understanding of the current legal context of the concept of a spouse requires that the social and cultural context and the plurality of values arising from different lifestyles be taken into account in the application and interpretation of the law, all with a view to empowering the individual in his or her relationship with the State and raising the level of protection of human rights. Authors observe in the practice od Polish administrative courts that this CJEU’s judgment is important in the argumentative layer, but not decisive for the resolution of the case in specific situations where there is a need to address the effect of same-sex marriage in a case related to the implementation of the EU right to free movement. In this context authors consider whether the justification for rulings of administrative courts may be sought in John Gray’s concept of modus vivendi liberalism. (shrink)

Among the most characteristic motifs in Greek mythology is the sexual union of a god with a mortal woman and the resultant birth of a hero. The existence of hexameter poetry listing the women thus favoured – the famous women in the underworld in the eleventh book of the Odyssey, and above all theEoiai– is evidence of an interest in the women involved, not only in their heroic sons, and suggests that already at an early date the theme was (...) the object not merely of passive reception but of an active consciousness. TheEoiai, indeed, saw such unions as an integral part of an earlier and better age, when mortals and immortals were closer:ξυναὶ γὰρ τότε δαῖτες ἔσαν, ξυνοὶ δὲ θόωκοιἀθανάτων τε θεῶν καταθνητοῖς τ' ἀνθρώπων(fr. 1 Μ–W)But it was not to be supposed that such a potentially rich theme would receive a unitary treatment. Already in their first appearances – at least, the first appearances for us – many individual stories are clearly distinguished by their different circumstances. A common variable is the existence, the kind and the degree of difficulty experienced by the woman as a result of the encounter. Polymele, for instance, mother of Eudorus by Hermes atIliad16.179–92, has seemingly no difficulty in leaving her child to be brought up by her father while she goes on to marry a mortal husband. But suffering of some sort is perhaps more usual, and famous sufferers include Cassandra, punished for spurning Apollo's advances; Danae, first imprisoned by her father in a brazen tower to prevent her pregnancy, and then locked in a chest with her baby and set afloat on the waves; and Semele, destroyed when her lover Zeus appeared to her in his true form. Such different experiences could suggest further multiple versions of the same general theme, diverging especially in the consequences of the union (or attempted union) for the mortal partner. Even the same characters could potentially undergo quite different variants of the story; the chief constant is the unfailing popularity of the mythical motif. (shrink)

In 1970, President Richard Nixon expressed his unambiguous support for interracial marriage; as for same-sex marriage, he exclaimed, "I can't go that far—that's the year 2000" . Nixon's prescient remark, made shortly after the Supreme Court's 1967 decision in Loving v. Virginia to overturn anti-miscegenation laws, expresses at once hesitancy for, yet resigned acceptance of, the inevitable expansion of civil marriage to include more and more kinds of loving partnerships. Nearly forty years later, Nixon's uncanny prediction appears close to (...) being realized. At the very least, many have gone where he claimed to be unable to go, adding their voices to a growing movement seeking state recognition of same-sex unions as a matter of equality, rights, and justice. And, indeed, a strong case might be made on such grounds, were the state justified in sponsoring an institution of civil marriage in the first place. (shrink)

This essay aims to clarify the debate over same-sex unions by comparing it to the fourth-century conflict concerning the nature of Jesus Christ. Although some suppose that the council of Nicaea reiterated what Christians had always believed, the Nicene theology championed by Athanasius was a dramatic innovation that only won out through protracted struggle. Similarly, despite the widespread assumption that Christian tradition univocally condemns homosexuality, the concept of sexuality is a nineteenth-century invention with no exact analogue in the ancient (...) world. Neither heterosexuality nor homosexuality is addressed directly in Christian tradition; for this reason, the significance of older authorities for the modern debate is necessarily indirect. The dichotomy between progressive and conservative positions is therefore misguided: it is necessary neither to abandon tradition for the sake of progress nor to oppose innovation for the sake of fidelity. (shrink)

“For what tomorrow will be, no one knows,” writes Victor Hugo. This dialogue, proposed to Jacques Derrida by the historian Elisabeth Roudinesco, brings together two longtime friends who share a common history and an intellectual heritage. While their perspectives are often different, they have many common reference points: psychoanalysis, above all, but also the authors and works that have come to be known outside France as “post-structuralist.” Beginning with a revealing glance back at the French intellectual scene over the past (...) forty years, Derrida and Roudinesco go on to address a number of major social and political issues. Their extraordinarily wide-ranging discussion covers topics such as immigration, hospitality, gender equality, and “political correctness”; the disordering of the traditional family, same-sex unions, and reproductive technologies; the freedom of the “subject” over and against “scientism”; violence against animals; the haunting specter of communism and revolution; the present and future of anti-Semitism and the hazardous politics of criticizing the state of Israel; the principled abolition of the death penalty; and, to conclude, a chapter “in praise of psychoanalysis.” These exchanges not only help to situate Derrida's thought within the milieu out of which it grew, they also show more clearly than ever how this thought, impelled by a deep concern for justice, can be brought to bear on the social and political issues of our day. What emerges here above all, far from an abstract, apolitical discourse, is a call to take responsibility—for the inheritance of a past, for the singularities of the present, and for the unforeseeable tasks of the future. (shrink)

Addressing controversy over same-sex marriage, I defend the privatization response: disestablish civil marriage, leaving the question of same-sex marriage to private organizations; detach civil rights from erotic affiliation; and grant legal equality through the mechanism of civil unions. However, the privatization response does not fully address one key conservative argument to the effect that (heterosexual) marriage constitutes a public good of such importance that civil society has a sustaining interest in it. I acknowledge the legitimate, even profound, values (...) or goods that marriage promotes, but contend that they are compatible withhomosexuality. Further, I argue that marriage is neither necessary nor sufficient for sustaining the goods that inhere in modern marriage. Thus, it is not clear that marriage is the best way for the state to promote these goods. Finally, I suggest that the core goods of marital commitment are moral and are not the proper subject of state regulation. (shrink)

The paper focuses on demonstrating that, in spite of the controversies, lobbying has become an important political communication tool for churches and religious organizations in the United States and in the European Union as well. The American highly regulated lobbying system is compared to the lowly regulated system working at the level of European institutions. The following analysis highlights the differences that the two environments have generated in terms of the main issues and tools used by churches and religious (...) organizations in order to influence policy-making, mainly in the framework of the pluralist - corporatist dichotomy. While the American religious lobbying has been very efficient in influencing the public policy regarding issues like the health care reform, immigration, same-sex marriage, abortion etc., the most significant result of the European religious lobbying has been the recognition of religious communities as partners of dialogue for the European institutions. (shrink)

Pope Francis has called for the Church to be a sign of mercy and hope to the world. Mercy stands at the center of the Gospel, and the family is a fundamental seat of mercy within the culture, responsible for bestowing the most valuable of God’s gifts, human life. Because of its mission to bestow life, marriage is necessarily a “lifelong covenant of love and fidelity between a man and a woman”. As the Church upholds the view of marriage exclusively (...) as the union of a man and a woman who are capable of reaching the deepest kind of unity, she also affirms that persons of the same sex can achieve unity in meaningful ways. Upholding the traditional, comprehensive view of marriage does not belittle the dignity of homosexual persons, because all are our brothers and sisters. (shrink)

THIS ESSAY EXPLORES THE IMPLICATIONS OF A NATURAL LAW ACCOUNT of marriage for the gay marriage controversy, starting from the concept of the natural law developed by scholastic jurists and theologians in the twelfth and thirteenth centuries. Certainly, the scholastics themselves unanimously condemned homosexual acts, and probably never entertained the possibility of same-sex marital unions. Yet this fact taken by itself does not mean that their overall concept of the natural law and the approach to marriage developed out of (...) that concept must necessarily rule out gay marriages. We are the heirs of several centuries of further experiences with and reflection on marriage, and through this process our own conceptions of both marriage and sex itself have changed—leading to perspectives very different from the scholastics yet recognizably products of a trajectory of thought that they initiated. In this essay I argue that the scholastic concept of the natural law, when developed and applied within a contemporary context, does not rule out gay marriage but on the contrary gives us reasons to support the legal recognition of such unions. (shrink)

ABSTRACTThis study is situated within corpus-assisted discourse analysis. Corpora and discourse studies: Integrating discourse and corpora. London: Palgrave Macmillan.) and provides a critical discussion of key topics and stances in the marriage equality debate in Germany. The ways in which the German print media covered the debate are explored through two corpora which include relevant texts from three German newspapers and two magazines from two key periods ; in 2001, Germany introduced ‘civil unions’ but it was only in 2017 that (...) marriage was opened to same-sex couples. Qualitative and quantitative analyses using AntConc and ProtAnt suggest that while there are parallels to marriage equality debates in other countries, there are also language-/culture-specific features. For example, there is a stronger focus on children’s welfare in the contemporary data, since marriage equality meant joint adoption rights for same-sex couples. Through an exploration of keywords/collocations and close reading of prototypical texts, it is shown how linguistic choices contribute to framing the arguments for/against marriage equality and how these stances are connected to culture-specific and cross-cultural norms. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important right that (...) opposite-sex couples enjoy—i.e., the right to marry. I argue that the right to marry is fundamentally, not an individual right, but a couple’s collective right, analogous to assembly rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The 2007 Meeting of the Society for Buddhist-Christian StudiesSan Diego, California, November 16–17, 2007Peter A. HuffThe Society for Buddhist-Christian Studies sponsored two sessions in conjunction with the 2007 annual meeting of the American Academy of Religion (AAR). Each session highlighted themes related to the work of a major figure in Buddhist-Christian dialogue. The first session, addressing the topic “Homosexuality, the Church, and the Sangha,” was organized in honor of (...) Roger Corless (1938–2007), longtime member of the society, dual practitioner of Roman Catholicism and Vajrayana Buddhism, and a well-known voice for “queer sangha.” The second session, a panel discussion titled “The Thought and Legacy of Masao Abe,” focused on the career achievements of Abe (1915–2006), widely acknowledged as one of the most innovative and influential scholars in modern Zen studies, interreligious dialogue, and comparative philosophy.The first session, moderated by Harry Wells (Humboldt State University), featured three papers on issues of gender, sexual ethics, and religious identity. Robert Fastiggi, professor of systematic theology at Sacred Heart Major Seminary (Detroit), presented the paper “The Catholic Church and Homosexuality.” Arguing that the Catholic tradition avoids an “either/or” approach to homosexuality, he outlined the church’s official distinction between morally neutral homoerotic identity and what Vatican documents call “intrinsically disordered” homosexual acts. He also noted that Catholic researchers differ significantly on the question of the genetic origins of same-sex attraction. The key to Catholic moral teaching on homosexuality, he explained, is a “theology of the body” that envisions male-female complementarity as the divinely ordained pattern of creation. Fastiggi suggested that further discussion of related ideas such as celibacy, chastity, desire, and concupiscence would enhance future Buddhist-Christian dialogue on homosexuality.Ilene Stanford, a ThD candidate in religion, gender, and culture at Harvard University, presented the next paper, “In or Out? Marriage as a Social Practice.” Describing marriage in the United States as a “site of contestation,” she explored the conflicting [End Page 137] models of sexual union that currently inform public debates in political and ecclesiastical contexts. Using William Johnson’s A Time to Embrace: Same-Gender Relationships in Religion, Law, and Politics (2006) as a point of departure, she argued that many contemporary examinations of sexual relationships, even some of the most inclusive, fail to reckon with the way in which the West’s Augustinian legacy continues to make heterosexual marriage the norm for all moral reflection on sexual identity and expression. The escalating controversy in the international Anglican community, she said, exposes the weaknesses of Johnson’s “deliberative democracy” model and other theoretical models that minimize the role of political and social power in the construction of sexual ideals.José Ignacio Cabezón, who holds the XIV Dalai Lama Chair in Tibetan Buddhism at the University of California, Santa Barbara, presented the final paper: “Is Homosexual Sex ‘Sexual Misconduct’? Critical Reflections on Some Classical Indo-Tibetan Sources.” Analyzing the changing portraits of sexual immorality in the Pali canon, Indian Sanskrit texts, and Tibetan scholastic treatises, Cabezón traced the evolution of monastic commentary on lay sexuality over the course of several centuries. What originated primarily as a simple prohibition against some forms of male adulterous activity, he explained, eventually became an unprecedented attempt to regulate intricate details of sexual behavior. Identifying Ansanga (fourth century ce) as the first Buddhist writer to proscribe same-sex activity between men, Cabezón suggested that changing social mores, intra-Buddhist debates, and the fertile monastic imagination contributed to the gradual elaboration of moral teaching in ancient and classical Buddhist literature.After the paper presentations, Richard Reilly, professor of philosophy at St. Bonaventure University, responded with provocative comments. He raised critical points about the significance of the distinction between sexual acts and erotic relationships, the strategic though limited value of “deliberative democracy” in multicultural faith communities, and the need for more rigorous comparative study of homophobic legislation in Buddhist and Abrahamic religious traditions. Sparking an engaging discussion among presenters and members of the audience, Reilly’s remarks underscored the importance of ongoing interdisciplinary investigations into homosexuality, the church, and the sangha.The society’s second session at the AAR provided a venue for former... (shrink)

This chapter contains sections titled: Sex Is Morally Problematic Sex Is (Conditionally) Good Exchanging Ourselves: Marriage in the Moralphilosophie Collins Kant and Political Liberalism Transforming Ourselves into Husbands and Wives: Marriage in the Metaphysics of Morals Is Something Wrong Because It Is Unnatural? Pleasure as an End of Nature Marital Equality as a Criterion of Legitimacy How the Same‐Sex Marriage Debate Should Proceed.

Equality policies in Spain have increasingly developed since the creation of the National Women’s Agency (1983). Over a ten‐year period Spain has achieved European standards in equality policies in terms of institutions, budget and legitimization. In a short time Spain moved from a dictatorship to European Union membership, which has brought about enormous changes regarding women’s roles and rights. Other relevant changes concern the political organization of the state: the 1978 Constitution sets a model of regional administrative autonomy, neither (...) centralized nor federal, in which each region has developed gender institutions. Gender‐equality policies constituted the framework for the development of gay and lesbian policies. Both gender equality and gay and lesbian policies have evolved differently at the national and regional levels, with a trend of inclusiveness, more creative policies and institutions at the regional and local levels. In the meantime, the national debate has concentrated on same‐sex marriage, while sexuality is not a topic within gender equality policies. This paper argues that the progressive inclusiveness of lesbians within the equality agenda and the new intersectional perspectives, alongside gay marriage shows an evolution of Spanish citizenship models, largely influenced by the European Union context. (shrink)