Boston College Law School Faculty Papers

Title

Procreative Justice and the Recognition of Marriage

Document Type

Article

Comments

Printed version appears in Family and the Law in the 21st Century: Festschrift in Honor of Koji Ono on the Occasion of his 70th Birthday. Editors, M.Obi and K.Niijima. Tokyo: Hogakushoin Pub. Co., 2007.

Abstract

This paper proposes that fully procreatively just affiliations -– the ones which satisfy the criteria developed here -- deserve special support and recognition. It proposes that procreative justice requires such recognition. This paper proposes that it is unjust to conflate and revise the usual categories so as to confuse procreatively just affiliations with other forms. It discusses the harm that ensues.

Date of Authorship for this Version

January 2007

Keywords

marriage, procreation, same-sex affiliations, procreative affiliations