A House Divided: Same-Sex Marriage and Dangers to Civil Rights
Lynn D. Wardle, A House Divided: Same-Sex Marriage and Dangers to Civil Rights, 4 Lɪʙᴇʀᴛʏ U. L. Rᴇᴠ. 537 (2010).
Same-Sex Marriage, Religious Liberty
At present, the United States is divided on the issue of same-sex marriage: some states have permitted it while others have prohibited it. This article asks whether or not the country can continue to be divided on the issue and concludes that it cannot. The article reviews the efforts that have been made around the world both to legalize and to prohibit same-sex marriage. The debate over same-sex marriage is compared to the “house divided” metaphor and slavery, discussing how recent events illustrate this conflict and the incompatibility of the two sides. Highlighted in particular are examples that demonstrate how religious liberty is in jeopardy. The article argues for protecting marriage between a man and a woman as a fundamental civil and human right in order to protect human dignity and establish a foundation of virtue upon which to base individual rights and liberties as well as uphold the separation of powers inherent in the American constitutional form of government. The article concludes that dual-gender and same-sex marriages will inevitably clash and cannot coexist for any significant amount of time. Efforts to mitigate this conflict should be taken now, and the institution of marriage should be shored up.
4 Liberty U. L. Rev.
Liberty University of Law Review