Faculty Journal Articles and Book Chapters


This article presents an argument for same-sex marriage within traditionalism or Burkeanism school of conservatism. The author begins by describing briefly Burkean conservatism. Second, he sketches, based on that description, a case against the recognition of gay marriages. Third, the author outlines an affirmative argument for same-sex marriage. Fourth, he reconsiders, in the light of those arguments, the Burkean case against same-sex marriage. Finally, he discusses what a Burkean conservative ought to say about the pace and the process for achieving same-sex marriage.

Publication Title

South Texas Law Review

Document Type



same-sex marriage, gay marriage, Burkeanism, Burkean conservatism, gay couples, legal benefits

Included in

Law Commons



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