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

See all articles by Mark Strasser

Mark Strasser

Capital University - Law School

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

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

Mark Strasser (Contact Author)

Capital University - Law School ( email )

303 E. Broad St.
Columbus, OH 43215-3200
United States
614-236-6686 (Phone)
614-236-6956 (Fax)

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