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Defining Marriage
- Soundings: An Interdisciplinary Journal
- Penn State University Press
- Volume 97, Number 3, 2014
- pp. 297-322
- Article
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What is marriage? The U.S. Supreme Court’s recent decisions on same-sex marriage beg the question for courtroom and public square alike. For Robert P. George—the intellectual leader of the fight against same-sex marriage—"marriage" only makes sense when it is "conjugal": the comprehensive, bodily union of a man and a woman. I disagree. But I do so not on the hitherto standard "constructivist" basis that marriage is "just what we say it is" but in morally realistic terms George might recognize. I argue that multiple ends and norms—consent, property, friendship, and goods beyond the couple—better explain the institution than does George’s unitary conjugal view.