Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, March 22, 2011

Caster: "Why Same-Sex Marriage Will Not Repeat the Errors of No-Fault Divorce"

Austin Caster has posted "Why Same-Sex Marriage Will Not Repeat the Errors of No-Fault Divorce" (38 West. S. L. Rev. 43 (2010)).  Here is the abstract:

Because so many negative ramifications resulted from changing marriage laws through no-fault divorce legislation, it is understandable that those who rightfully feared no-fault divorce would also fear any additional changes to the definition of marriage. Those fears are unfounded as applied to same-sex marriage legislation, however, because the same consequences resulting from no-fault divorce do not apply to same-sex marriage. Whereas changing marriage exit rights through laws such as no-fault divorce legislation resulted in an increased divorced rate throughout the world, the opposite has happened in countries that have allowed same-sex marriage laws by changing marriage entrance rights. Society has suffered many negative health consequences as a result of no-fault divorce, but those, too, would not result from same-sex marriage. Additionally, the negative economic consequences brought on by no-fault divorce would also not result from same-sex marriage, but rather it would bring more economic stability. Children would not be negatively affected by same-sex marriage the way they were affected by no-fault divorce because same-sex marriage would bring families together rather than tear them apart. Finally, the same public policy reasons that make opposite-sex marriage favorable to society also apply to same-sex marriage. Therefore, it is unreasonable to fear same-sex marriage legislation based on the resulting harms of no-fault divorce legislation.


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We Americans like the status quo...we are comfortable with it. Because we are comfortable with it, we will oppose most any kind of change that we fear will result in drastic changes being made to the structure of our socieity.

Posted by: Tulsa Divorce Attorneys | Mar 27, 2011 5:02:47 PM

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