Judging the Case Against Same-Sex Marriage
Andrew Koppelman | 2014 U. Ill. L. Rev. 431
The movement for same-sex marriage has been politically triumphant, but its case is incomplete because the arguments against it have not been understood. Major social change should not occur without addressing the claims made by same-sex marriage opponents. This piece presents and critiques consequentialist and nonconsequentialist arguments against same-sex marriage. The conse-quentialist arguments rely on claims that legalizing same-sex marriage will lead to disastrous societal and familial effects. The nonconsequentialist arguments rest on claims that marriage is an inherently heterosexual institution. The Article concludes that none of these arguments have merit.