Loving, Baehr and the Right to Marry: On Legal Argumentation and Sophistical Rhetoric
Nova Law Review, Vol. 24, pp. 769-791, 2000
Posted: 8 Nov 2000
Abstract
The article examines and refutes several arguments offered by same-sex marriage opponents: (1) that Loving has no bearing on whether same-sex marriage bans are constitutional because Loving involved the invalidation of criminal statutes, (2) that there is somehow something undemocratic in using the courts to vindicate same-sex marriage rights, (3) that same-sex marriage laws are orientation- rather than sex-based classifications, and (4) that if same-sex marriage bans are unconstitutional, then so are bans of incestuous or polygamous marriages.
Suggested Citation: Suggested Citation
Strasser, Mark, Loving, Baehr and the Right to Marry: On Legal Argumentation and Sophistical Rhetoric. Nova Law Review, Vol. 24, pp. 769-791, 2000, Available at SSRN: https://ssrn.com/abstract=240723
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