Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, June 13, 2008

SSM's "statist orientation"

My awkward phrasing alone is enough to justify Michael's skepticism about my assertion of the "more statist orientation" of same-sex marriage, but I'll try to briefly explain what I meant.  I'm not sure that marriage as a legal category is fully distinct from marriage as a non-legal category.  As Don Browning puts it, marriage "builds on natural inclinations but requires additional powerful social, legal, cultural, and religious reinforcements."  Same-sex marriage, because it largely lacks the social, cultural, religious, and biological reinforcements, must rely more on legal reinforcements.  As I said, that is not, in my view, a compelling reason to oppose same-sex marriage, but it does warrant caution when evaluating state efforts to overcome social, cultural, religious, and biological obstacles to same-sex marriage that are not as formidable in the case of heterosexual marriage.

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/06/ssms-statist-or.html

Vischer, Rob | Permalink

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