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Political Science Commons

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Political Theory

2018

Journal

William & Mary Bill of Rights Journal

Articles 1 - 1 of 1

Full-Text Articles in Political Science

An Illiberal Union, Sonu Bedi May 2018

An Illiberal Union, Sonu Bedi

William & Mary Bill of Rights Journal

This Article breaks new ground by applying the philosophical framework of liberal neutrality (most famously articulated by John Rawls) to the United States Supreme Court’s jurisprudence on marriage. At first blush, the Court’s decision in Obergefell v. Hodges—the culmination of marriage rights—seems to affirm a central principle of liberalism, namely equal access to marriage regardless of sexual orientation. Gays and lesbians can finally take part in an institution that celebrates the union of two committed individuals. But perversely, in its attempt to expand access to marriage, the Court has simultaneously entrenched values that are antithetical to ...