Throwing Down the International Gauntlet: Same-Sex Marriage as a Human Right

Authors

Vincent J. Samar

Abstract

The article argues that nations have a moral and legal obligation to recognize same-sex marriages performed abroad, grounded in human rights principles and the framework of equality. It contends that the right to marry is a fundamental human right, rooted in dignity and self-fulfillment, and that denying recognition to same-sex marriages violates these principles. The analysis draws on Gewirth's rationalist approach to human rights and U.S. constitutional law, particularly the Fourteenth Amendment's Equal Protection and Due Process Clauses, to advocate for universal recognition of same-sex marriage as a matter of equality and liberty.

Disciplines

Constitutional Law | Human Rights Law | Jurisprudence | Law

Recommended Citation

Vincent J. Samar, Throwing Down the International Gauntlet: Same-Sex Marriage as a Human Right, 6 Cardozo Pub. L. Pol’y & Ethics J. 1 (2007).
Available at: https://larc.cardozo.yu.edu/cplpej/vol6/iss1/3