Tuesday, March 22, 2011
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.