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Liberty According To John Stuart Term Paper

This is an example of how American politics and the American legal system have pre-empted any sort of social discussion or values creation, and the values creation came after the law was enacted. This is from a purely non-religious standpoint, as many religious people would argue the opposite. The argument against gay marriage, from the religious perspective, is precisely what Mill was trying to protect society against by making sure other people did not hinder someone else's ability to freely express themselves as long as these expressions did no harm to others. It is difficult to argue against gay marriage as a practice that harms other people in a physical manner, and thusly, Mill would likely conclude that this practice is one born out of the individuals' right to express themselves.

However, it can easily be seen that an issue like gay marriage falls under the category of a behavior or practice that does no harm to anyone outside of the social contract itself. In a democracy, these and other minority viewpoints must be protected against outside influence and harm. As long as minority and unpopular viewpoints can exist within a society, it can be considered a "free" society. When certain viewpoints are restricted or legislated out of a society and the society itself is allowed to define what is good for the individual, the society is no longer a free society that does no harm to the individual.

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