The Impacts on Education of Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence

42 Pages Posted: 14 May 2013

See all articles by Lynn D. Wardle

Lynn D. Wardle

Brigham Young University - J. Reuben Clark Law School

Date Written: May 13, 2011

Abstract

The several parts of this paper will discuss issues regarding same-sex marriage and the impact that legalizing the institution could have on education. First, there is evidence to show that legalizing same-sex marriage has and will likely continue to have a seriously controversial and arguably detrimental affect on public education. However, not all the educational affects of legalizing same-sex marriage are negative.

As a matter of elementary analysis, the impact of legalizing same-sex marriage must have an impact on education. When laws change in regard to curriculum that is taught in schools, the changes must be taught to accommodate the new allowances or requirements. Legalizing same-sex marriage would require the institution to be taught where marriage, family life, and marital sexuality are taught. When this new curriculum is taught, there is little constitutional protection to parents who would decide to opt their child out of receiving such controversial education.

The protection for parents to control the education of their children can be analogized to abortion jurisprudence. The right of parents to counsel their children in regards to abortion would similarly give parents the right to monitor the counseling or teaching of their children regarding same-sex marriage. The paper concludes recommending legal remedies and community action that can be taken to address the concerns of the educational impact of legalizing same-sex marriage.

Keywords: education, same-sex marriage, abortion, legalizing, parents, children, schools, curriculum, community

Suggested Citation

Wardle, Lynn D., The Impacts on Education of Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence (May 13, 2011). Brigham Young University Education and Law Journal, No. 2, 2011 (593-635), Available at SSRN: https://ssrn.com/abstract=2264589

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
122
Abstract Views
1,310
Rank
414,524
PlumX Metrics