Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Friday, August 23, 2013

Brennan on Perry on Bottum

A recent it's-hard-to-know-what-to-call-it  essay, mentioned still more recently on MOJ, contends that "there is no coherent jurisprudential argument against same-sex marriage."  No coherent jurisprudential argument against same-sex marriage. Wow.

Is that a defensible contention?  My view on the other side is summarized here.  Lockeanism, fueled by neo-conservativism, leads to juridical recognition of same-sex marriage.  I get it! The alternatives are stark. I credit the logic by which Bottum contends that being an American "first" (!!!) demands what Bottum then demands.  

But why would any self-respecting soul want to be an American "first?"  Probe Bottum's piece for the alleged reasons.


Brennan, Patrick | Permalink