Contents
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Conservatives in Search of an Argument Conservatives in Search of an Argument
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Gay Rights and Marriage Rights in the Courts and Congress? Gay Rights and Marriage Rights in the Courts and Congress?
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Lifestyle to Immutability Lifestyle to Immutability
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The Romer Revolution The Romer Revolution
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God and Gay Marriage God and Gay Marriage
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Conclusion Conclusion
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1 Gay Rights and the Constitution of Reasons
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Published:June 2015
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Abstract
This chapter considers the main arguments raised by conservatives against same-sex marriage and gay rights more generally. Defenders of same-sex marriage acknowledge the fact that marriage is in many ways a conservative institution. Libertarians, liberationists, and some liberals doubt that marriage is fair given the diversity of people's conceptions of meaning and value in life. Many adopt an unnecessarily critical posture toward civil marriage. This chapter offers a sympathetic account of marriage that recognizes the importance for many people of marital commitment while also honoring, and indeed helping to secure, the equal liberty and fairness prized by liberals. It shows that the debate over gay rights has been shaped by the repeated articulation of a demand for public reasons and evidence to justify the shape of the law touching on gay rights and marriage. The demand for reasons was laid down by the dissenters in Bowers v. Hardwick (1987).
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