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Volume 28 • Number 1

January 2014



Two Models of Disestablished Marriage

by Vaughn Bryan Baltzly

A growing number of theorists have observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the disestablishment of marriage. On this proposal, the state—rather than taking a stand on the controversial question as to which types of unions for life partnership properly deserve to be accorded the title of "marriage"—instead sidesteps this contentious issue by "getting out of the marriage business" altogether.

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ISSN: 2152-0542