I may choose to ignore anonymous comments. I consider this type of anonymity dishonest. Also, I don't post regularly. I post when I have something worth writing and something worth reading. I explain all this in: Don't Let Telling Tales Trip Up Your Truthfulness.
Saturday, January 15, 2011
What is Marriage? A Credible Legal Analysis that Supports Tradition and the Mormon Position
Girgis, Sherif, George, Robert and Anderson, Ryan T., What is Marriage?. Harvard Journal of Law and Public Policy, Vol. 34, No. 1, pp. 245-287, Winter 2010. Available at SSRN: http://ssrn.com/abstract=1722155
The cite is above. See the abstract below:
In the article, we argue that as a moral reality, marriage is the union of a man and a woman who make a permanent and exclusive commitment to each other of the type that is naturally fulfilled by bearing and rearing children together, and renewed by acts that constitute the behavioral part of the process of reproduction. We further argue that there are decisive principled as well as prudential reasons for the state to enshrine this understanding of marriage in its positive law, and to resist the call to recognize as marriages the sexual unions of same-sex partners.
Besides making this positive argument for our position and raising several objections to the view that same-sex unions should be recognized, we address what we consider the strongest philosophical objections to our view of the nature of marriage, as well as more pragmatic concerns about the point or consequences of implementing it as a policy.The article isn't listed yet on the Harvard Journal of Law and Public Policy web site but soon will be. For now, you can find the article on SSRN and download the PDF. Released December 11, it doesn't seem to have made much of a stir yet in the mainstream press. At least one writer, Matthew J. Frank in Now We're Talking (About the Marriage Issue) in the National Review says it has had a profound impact in academic circles. He also states:
And here’s the really good news: Girgis, George, and Anderson appear to have started an actual debate on this question, just when many on the other side of the gay marriage controversy want to shut down debate with accusations of “hate speech,” as I noted in a recent Washington Post article. Yoshino and, especially, Koppelman, are to be commended for their civility, and for engaging in a shared attempt to come to grips, rationally, with one of the most momentous moral and legal questions facing our country today. Both sides cannot be right–but neither side needs to be tarred with the epithet “bigots!” while the debate continues.For Mormons, the legal support is welcome but not crucial. The Family: A Proclamation to the World settles the matter.