The Decline of Homophobia and the Rise of Heterophilia in the Aftermath of United States v. Windsor (Part II)

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1 Response

  1. Sykes Five says:

    Professor Triger:

    1. To what extent does alleged “heterophilia” result from the law’s preference for marriages over other types of relationships (kinship, friendship, sexual relationships outside marriage, etc.)? E.g., I may feel very close to my sibling or my friend-since-childhood, but the law does not recognize these relationships in the way that it recognizes my marriage, even if the affective bonds of my marriage are weaker. So is this phenomenon better described as “gamophilia”?

    2. If same-sex marriage is placed on an equal legal footing with opposite-sex marriage, then does the problem of heterophilia, indeed the entire category of heterophilia, evaporate? Perhaps I am not appreciating the extent to which your category of heterophilia does not overlap with marriage.

    3. Do you think it is licit for government (let’s not specify a particular constitutional regime) to favor certain relationships (e.g., marriages, perhaps even heterosexual procreative marriages) over other relationships (e.g., non-sexual friendships)?