A recent opinion piece published in the New York Times considered what the author refers to as the "ground rules" for the debate likely to reach the United States Supreme Court regarding expansion of marriage toward same sex unions. It notes that marriage analysis will likely turn on the First Amendment. You can read that article here. It explains that even though the case may take a few years to reach the Supreme Court of the United States, there is a case that is happening right now that will have an impact. Hastings College of Law in San Francisco, part of the University of California, withdrew official recognition from a Christian Legal Society group after it refused to comply with a school policy that forbids discrimination on various grounds, including religion and sexual orientation. The Christian group holds to the notion that marriage between a man and a woman is the proper context for sexual intimacy, but was being required to welcome leaders who felt otherwise. You can read about the case, Christian Legal Society v. Martinez, No. 08-1371, here.
When marriage is expanded, divorce is the next step, as is clearly illustrated in the case in Texas. "Divorce dilemma: Texas says gays can't get divorce" By JAMIE STENGLE (AP)
These types of cases place states in a position to really consider how important marriage is to the future strength of the state, and the foundation of society. Newsweek also ran a piece recently on the same subject, noting the battles that state family courts will face.
Marriage (and divorce) brings us to children. Social Science research overwhelming reveals that children thrive in families that consist of a father and a mother married to each other. This is a normative reality around the world, though some nations are wrestling with their own laws in this regard. For example, even though the United Kingdom's Regulation 18 of the Equality Act requires non-discrimination of sexual orientation, the UK High Court ruled recently that the Catholic social services agency Catholic Care may refuse to consider same-sex couples as candidates for adoption, pending a review of their policy by the UK Charity Commission. You may read that entire article here.
Marriage is truly the foundation for children, families, states, and all of society. Strengthening it will bring much needed family restoration.
Working with the Center for Global Justice: 3L Reflections
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By Anne Darby Keating 3L Reflections Working with the Center of Global
Justice during my time at Regent University School of Law has been such a
blessing...
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