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Alvaré, Helen M., The Moral Reasoning of Family Law: The Case of Same-Sex Marriage. Loy. U. Chi. L. J. 349-377 (2007).
This article explores the differences in moral reasoning between what are referred to as the “Abrahamic faiths” (Christianity, Judaism, and Islam), and those who support same-sex marriage. In exploring these differences, the author looks at the role of reason in comparison to emotion, the role of children, and the idea of freedom with respect to sexual unions. Finally, the author explores the consequences of adopting the moral reasoning of those who support same-sex marriage, and concludes that it could be detrimental to religious institutions. The author reiterates questions concerning the “legal severance of the tie between sexual love and new life…public ideals about marital fidelity…[and] the subordinate[ion] of the legal importance of biological ties.” The author also is particularly concerned about negative implications for family law, specifically the best interests of the child, adoption, custody, child support, and inheritance.
More on: Alvare, religion, same-sex marriage
