Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

21 SEP 2011

The role of philosophical and constitutional arguments in the same-sex marriage debate: a response to John Murphy [2005] CFLQ 165

It is suggested in this article, in response to claims made by John Murphy in a previous article in this journal, that there is an important role to be played by philosophical and constitutional arguments in the debate concerning the possible legal recognition of same-sex marriage. Murphy's claim, that a purely 'legalistic' approach based on European Convention case-law is enough to make out the case for same-sex marriage, is insufficient either to make that case or to explain how courts have in fact been deciding cases since the Human Rights Act 1998 came into force. Those who are concerned to present a plausible case for the legal recognition of same-sex marriage must, and inevitably do, take their arguments beyond the purely 'legalistic' level. Arguments for legal recognition will be gravely weakened unless this point is recognised.


Family Court Practice, The

(Red Book)

The Red Book is the acknowledged authority on practice and procedure

More Info from £498.00
Available in Family Law Online
Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

Available in Family Law Online
Subscribe to our newsletters