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ARTICLE CONTENTS
[Pages 265-326]
TOP OF ARTICLE
Introduction
I. Law’s Functions in Family Law
A. The Five Functions of Family Law—Protective, Facilitative, Dispute Resolution, Expressive, and Channelling
B. Law’s Expressive Function—The Story Told by Law
II. Communitarian Critiques of Contemporary Marriage and Family Law, and Responses to these Critiques
A. The Atomism Critique
B. Limitations of the Atomism Critique
C. The Decline of Moral Discourse Critique
D. Limitations of the Decline in Moral Discourse Critique
III. The Exclusion of Lesbian and Gay Male Couples from Civil Marriage
A. The Expressive Function—The Story Told by Law
B. The Facilitative, Protective, and Dispute Resolution Functions
C. The Channelling Function
IV. Arguments Against Allowing Marriage by Same-Gender Couples and Responses to these Arguments
A. The Argument that the Effort to Allow Same-Gender Couples to Marry Is Actually a Retreat from Marriage
B. The Argument That Heterosexual Marriage Necessarily Has Greater Potential for Benefitting Individuals and Society Than Does Marriage by Same-Gender Couples
C. The Argument that Gay Men and Lesbians Seeking Access to Marriage Are Repudiating Morality
Conclusion
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