Why Marriage Doesn’t Fail

For those interested in Harvard Journal of Law and Public Policy article, “What is Marriage?”, by Princeton’s Robert P. George and Sherif Gergis, and University of Notre Dame’s Ryan Anderson, this post is for you. What I love about these three established and budding scholars is that they’re always up for a good intellectually honest debate, and they are ridiculously good at what they do.

Today, they responded to Kenji Yoshino of NYU Law School, a prominent and influential gay rights legal scholar, who criticized “What is Marriage” in an article published in Public Discourse.

The article cites eminent legal philosopher NYU Professor Jeremy Waldron, who wrote in a recent paper that it

“infuriat[es]” many of his fellow liberals that some intellectuals remain determined, in Waldron’s words, “to actually argue on matters that many secular liberals think should be beyond argument, matters that we think should be determined by shared sentiment or conviction.” In particular, Waldron laments, “many who are convinced by the gay rights position are upset” that others “refuse to take the liberal position for granted.”

Professor Yoshino is one such colleague. And George et al’s resounding critique of Yoshino’s argument reveals the truth of Waldron’s theory that proponents of gay marriage need to take the traditional position seriously instead of wasting time stigmatizing those with whom they disagree.

I encourage you to read “What is Marriage” over your winter break between the meals and the caroling. In the authors’ own words, it “offers a robust defense of the conjugal view of marriage as the union of husband and wife, and issues specific intellectual challenges to those who propose to redefine civil marriage to accommodate same-sex partnerships.”

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