Professor Wax provides an acute, secular conservative view addressing same-sex marriage. This article responds to Professor Wax by raising several questions. If the majority of Americans are not inclined to social change when it comes to marriage, this article questions why Wax gives more weight to Burke's faith in tradition over reason than to the particular heuristic that arises from his rationale. Though Wax constructs an opposition to same-sex marriage, this article questions whether Burke and Oakeshott's rationale would meet this standard. Further, this article questions Wax's assessment of the conservative approach's outcome. In conclusion, however, the author favors a conservative approach that leads to increased well-being and autonomy.
Tradition and the Law: A Response to Wax,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol42/iss3/21