Liberty and Equality: In Defense of Same Sex Marriage

Abstract

Marriage equality has gained international attention in public discourse. Laws that prohibit same-sex marriage may be categorized as both paternalistic and moralistic. This article addresses ethical and legal considerations surrounding the right of same-sex couples to marry. Three subject areas are analyzed: equality, individual liberty, and morality. The implications of the analysis reveal that prohibition of same-sex marriage is not justified based upon the criteria necessary for paternalistic and moralistic policies.