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To play its role, marriage operated as licence for sexual experience, which was otherwise forbidden by morality if not by law. The law of contract does not define ahead of time what might be contracted; it simply clarifies the legal obligations of the contracting parties and the consequences if the contract is broken. One article explains that homosexuality has been observed in more than 1, species. Marriage has become a kinder and far more flexible concept than it was in the eighteenth and nineteenth centuries, or even the s. Broadening the scope of marriage to include same-sex couples is now a coherent and attractive proposition. In particular, it constricted the sexuality of women. Admittedly, some conservatives will never accept same-sex marriage because they wish to impose a traditional Christian moral code on the wider community.

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3 Reasons Everyone Should Support Same-Sex Marriage

Same-sex marriage is no longer a revolutionary idea or even a novelty. Fact Tank - Our Lives in Numbers. Next post September 15, Re: Like Mill a century earlier, they had point. Among the wealthier classes, marriage also operated as a tool for economic ends such as estate planning. Community Community standards Republishing guidelines Friends of The Conversation Research and Expert Database Analytics Events Our feeds Donate Company Who we are Our charter Our team Our blog Partners and funders Resource for media Contact us Stay informed and subscribe to our free daily newsletter and get the latest analysis and commentary directly in your inbox.

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The point is that even in contract law, the law plays only a limited role in the relationship. Available editions United Kingdom. Because if it is now arbitrary and unjust to recognize heterosexual marriage as something exclusive and different from homosexual relationships, then it will be arbitrary and unjust not to grant the request of other partners to call their sexually intimate and enduring relationships marriage. In particular, we need to be clear about what constitutes a civil right. It is certainly true that the contention over marriage is about civil law. It functioned as a form of social, and especially sexual, control.

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