Gay marriage, continued . . .

Andrew Sullivan refers readers to a virtual exchange on whether marriage is a human right.  Norm Geras, defending marriage as a human right, calls it a “liberty right”–something that can’t be prohibited.

Jake has put together one take on this.  To me the operative question has more to do with what marriage is than what constitutes a right.  If marriage is some kind of spiritual pledge between two people, it’s hard to imagine legitimate state restriction.  If marriage is a set of privileges under the law, I have trouble conceptualizes what it would mean for gay marriage (or any kind of marriage) to be a human right.  Is the argument that thriving as an autonomous individual requires tax advantages that encourage couple-dom?

Not trying to pooh-pooh the thought, but curious for more reader specification/meditation on why gay marriage should be a human right — as opposed to a legal right — in the United States.

–Sam

Related posts:

  1. Human rights and gay marriage
  2. Is gay marriage pro-family?
  3. The Church and gay marriage
  4. Gay marriage & polygamy
  5. Burqa continued…

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    Jacob Bronsther is a law student at NYU. He has an MPhil in Political Theory from Oxford.

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