Monday, May 13, 2013

Les Green on same-sex marriage - mandatory reading...and hearing!

Les Green is interviewed at Philosophy Bites about same-sex marriage. These comments stem from his outstanding article "Sex-Neutral Marriage" in Current Legal Problems:

"[Abstract] A different-sex marriage need not be a marriage between heterosexuals, and a same-sex marriage need not be a marriage between homosexuals. This shows how little the law of marriage cares about the sexuality of parties to a marriage; it does not show that sex-restricted marriage laws do not discriminate on grounds of sexual orientation. They do. Neither does the law care much about sex, let alone possibly procreative sex, within marriage. The voidability of a different-sex marriage on grounds of non-consummation does not show otherwise. The formation of a valid marriage was always a matter of consent, not coitus. But what should happen to the doctrine of non-consummation in a sex-neutral marriage regime? It is an anachronism that should be abolished."

Without doubt, the best thing I've read yet on this topic and essential, even mandatory!, reading for anyone with an interest in the topic. Additionally, the Philosophy Bites podcast is a brilliant exchange where Professor Green demolishes any number of myths clearly and succinctly in a compelling tour de force.

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