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
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
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