Faculty Scholarship
 

Article Title

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

Keywords

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

Document Type

Article

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 must work for a better resolution of the controversy over legalization of same-sex marriage than occurred regarding the legalization of abortion. 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.

Relation

13 Ave Maria L.Rev.

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