2. The Morality of SSM
What is morality?
Fuller (1958): often unclear definition
Taken from religious texts
If the morality in question does arise from religion…
(DeLaet & Caufield 2008)
First Amendment
Neutrality principle
Free exercise of religion
Heterogeneity of Religious Responses (Rudy 1997)
3.
4. Constitutionality
Amending the Constitution
Lyons, Scalia & Dworkin
Fourteenth Amendment
Equal Protection Clause
Romer v. Evans (1996)
Lawrence v. Texas (2003)
Goodridge v. Department of Public Health (2003)
5. Paternalism
Mill (1971) on paternalism
Definite harm results directly from the action is more than the
violation of a moral rule or the manifestation of a moral wrong
It has to be harm to others
Hart (1955) on Natural Rights
“At liberty to do any action which is not one…designed to injure
other persons.”
Is there a natural right to marriage?
Does SSM cause harm to others? To the institution?
The Deinstitutionalization of Marriage (Cherlin 2004)
