The Future of the Family: The Social and Legal Impacts of Legalizing Same-Sex Marriage

45 Pages Posted: 11 Oct 2015 Last revised: 9 Dec 2015

See all articles by Lynn D. Wardle

Lynn D. Wardle

Brigham Young University - J. Reuben Clark Law School

Date Written: 2015

Abstract

In the past American federal courts and a few state supreme courts in big and influential states have profoundly altered family law in America by decisions in particular family law cases. Within the next ten years, the consequences of the currently ongoing judicial legalization of same-sex marriage probably will have ripened to complete fruition. We may hope and we must work for a better resolution of the controversy over legalization of same-sex marriage than occurred regarding the legalization of abortion. To that end judicial restraint should be strongly encouraged. Our nation and its judiciary will achieve the most lasting, effective, and legitimate law reform and most secure, positive, and cohesive resolution of the same-sex marriage controversy if they will follow the legislative reform process (with light judicial input) used to legalize no-fault divorce.

Keywords: family law cases, same-sex marriage, controversy, abortion, no-fault divorce, judicial restraint, legislative reform

Suggested Citation

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

Lynn D. Wardle (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

518 JRCB
Provo, UT 84602
United States
801-422-2617 (Phone)
801-422-0391 (Fax)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
110
Abstract Views
893
Rank
447,999
PlumX Metrics