Powered by OpenAIRE graph
Found an issue? Give us feedback
SSRN Electronic Jour...arrow_drop_down
SSRN Electronic Journal
Article . 2026 . Peer-reviewed
Data sources: Crossref
https://dx.doi.org/10.17613/sn...
Part of book or chapter of book . 2003
Data sources: Datacite
https://dx.doi.org/10.17613/f2...
Part of book or chapter of book . 2003
Data sources: Datacite
versions View all 3 versions
addClaim

The Tradition of Traditional Marriage

Authors: Witte, Jr., John;

The Tradition of Traditional Marriage

Abstract

The logical case for same-sex marriages seems nearly ineluctable today. In the course of the past three decades, American state laws have effectively reduced marriage to a terminal sexual contract between consenting adults. But "[a] page of history is worth a volume of logic," Oliver Wendell Holmes, Jr. reminds us, and Western history provides very little support for extending the legal category of marriage to include same-sex unions. For nearly two millennia, the Western legal tradition defined marriage as a heterosexual, monogamous union, designed for the procreation and nurture of children, the mutual help and companionship of husband and wife, and the mutual protection of both parties from sexual sin and instability. Though, to be sure, the Western legal tradition has undergone radical transformation and equitable tinkering, it has not extended the legal category of marriage to include same-sex unions. History alone, of course, is not reason enough to maintain traditional marriage laws. But history must be an essential part of any serious arguments for the maintenance of traditional marriage. And the enduring traditional arguments about the origin, nature, and purpose of marriage must be the starting point for any serious debate about the propriety of legalizing same-sex marriages.  In this chapter, I join the volume's candid conversation on the legal status of same-sex unions by offering a quick tour of some of the main texts that have informed our Western legal understandings of traditional marriage and a quick distillation of some of their enduring teachings on the origin, nature, and purpose of marriage. 

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!