June 22, 2015 – The Future of the Family: The Social and Legal Impacts of Legalizing Same-Sex Marriage

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Wardle, Lynn D., The Future of the Family: The Social and Legal Impacts of Legalizing Same-Sex Marriage (2015). 13 Ave Maria Law Review 237 (2015); BYU Law Research Paper No. 15-22. Available at SSRN: https://ssrn.com/abstract=2671999

The article makes clear that the argument of those favoring “same sex marriage” that such homosexual relationships further the common good just as much and contribute to the good of society just as much as heterosexual man-woman marriages falls short. There are various state interests in heterosexual man-woman marriage that are altogether lacking in intimate homosexual relationships¬†, such as procreation and child rearing,¬†the protection of women, the stability, strength, and security of the family, etc.

In addition to such substantive arguments, the article examines the way in which “same-sex marriage” has been legalized in the United States. It has been legalized through judicial fiat, not the democratic, legislative, republican process that has traditionally characterized U.S. government since the Declaration of Independence. In contrast, major developments in family law such as no-fault divorce, although also harmful to the common good, were enacted through a ¬†legitimate republican process.

 

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