Thursday, July 29, 2010
George W. Dent Jr. (Case Western Reserve University School of Law) has posted "Straight is Better: Why Law and Society May Legitimately Prefer Heterosexuality" on SSRN. Here is the abstract:
America is embroiled in a culture war over homosexuality. The homosexual movement demands the end of “heteronormativity” -- the social and legal preference for heterosexuality. It insists that “Gay Is Good” -- just as good as heterosexuality. This article presents a defense of heteronormativity; it argues that straight is better. In particular, it argues that naturally conceiving, bearing and raising children is intrinsically good for parents; that it is both intrinsically and instrumentally good for children to be raised by their biological parents who are married to each other; and that traditional marriage is both intrinsically and instrumentally good for women and men. Because of the unique benefits of traditional marriage, it is also beneficial to society. Because of these benefits, society may legitimately favor heterosexuality (e.g., in public education), although it may not punish other forms of sexual behavior that are not harmful.