Justifying Same-Sex Marriage: A Feminist Perspective

Abstract

This research asks whether same-sex marriage can result in the equal regard of lesbian, gay, bisexual, and transgender men and women (LGBTs). Chapter 1 focuses on the advent of ‘small change’ toward LGBT legal inclusion; the emerging transnational norm of same-sex relationship recognition; and the deliberate framing of LGBT equality claims as matters of human right. Chapter 2 considers difficulties particular to rights discourse, arguing that rights rhetoric has not fully redressed the inequalities faced by marked persons. Chapter 3 analyses the ‘personhood account’ of human rights and its justification for same-sex marriage. Problematically, this approach implicitly relies on arguments from sameness in order to ground the justification of same-sex marriage. Chapter 4 alternatively considers the ‘basic right to justification’ approach. This theory is constructivist, and all shared norms are intersubjectively justified. However, this approach calls into question whether LGBTs and their practices should be respected or merely tolerated. In Chapter 5 the philosophy of Luce Irigaray is introduced in order to address this question. I then propose a combined approach to LGBT equality which provides a stronger claim for the respect of LGBTs. Chapter 6 conclusively determines the better argument for same-sex marriage. Political expediency should not be favoured ahead of the recognition of difference(s). The combined argument I propose encourages a positive attitude toward a plurality of intimate and familial relationships between subjects. I ultimately conclude that same-sex marriage can contribute to ending LGBT discrimination, so long as the justifications offered do not depend upon arguments from sameness.