PHIL 102 Lecture Notes - Lecture 11: Equal Protection Clause
9 Aug 2016
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The history of marriage is marked by continual change such as the abolishment of laws pertaining to arranged marriages and the new insights and changes have strengthened the institution of marriage a. i. 1. Originally marriage was for procreation, no longer the case, therefore it is not logical to get fertility tests in order to get married: supreme court decision based on the 14th amendment b. i. The right to marry is protected by the constitution as in the case of loving vs. Virginia where interracial couples were granted the right to marriage and under both due process and equal protection clause of the 14th amendment same-sex couples have the right to marry as well: principle 1: individual autonomy -kantian c. i. Personal choice must be taken into consideration c. ii. Cant continue to deny gays and lesbians the right to marry because through this you are not viewing them as autonomous agents: principle 2: value regarding dignity and respect -kantian d. i.
