Becker and Posner on gay marriage

Becker and Posner debate gay marriage, a subject I last wrote on here.  They both seem to agree with a “contractual” approach.  One of them won a Nobel prize in part for seeing the family in an economic perspective.  The lesser mortals like me and Frank Buckley have cleaned up in his wake and discussed what a contractual approach to gay marriage would entail, specifically in the choice-of-law context of determining what aspects of the marriage states would be likely to enforce. See Calling a Truce in the Marriage Wars, 2001 Illinois Law Review 561, draft here.

Comments

[thebizofknowledge]

This is an exceptionally difficult subject as I think many people are uncomfortable with altering our traditional view of marriage. A contractual agreement seems a quite reasonable alternative to me.