San Diego Law Review Issue Search

Volume42
MonthAugust
Year2005
TitleMarriage, Pluralism, and Change: A Response to Professor Wax
Author(s)Maimon Schwarzschild
First Page1,115
AbstractThere is no formula for assessing social change and resolving the traditional, conservative opposition to same-sex marriage. To augment Professor Wax’s argument, this article offers a solution to the current marriage debate. Under a value pluralism approach, a solution to same-sex marriage would entail enacting different state laws that reflect diverse values. Value pluralism suggests that there are competing and conflicting ideals in life, none of which can be reduced and answered consistently. However, value pluralism ushers in other uncertainties. This author concludes that a successful case for same-sex marriage will not arise through a formula, but rather through persuading conservatives that same-sex marriage will not erode or transform traditional marriage.

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