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Why Same-Sex Marriage Will Not Repeat the Errors of No-Fault Divorce
W. St. U. L. Rev. (2010)
  • Austin R Caster

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.

  • gay,
  • lgbt,
  • glbt,
  • marriage,
  • same-sex,
  • divorce,
  • no-fault,
  • child,
  • children,
  • family law,
  • economic,
  • health,
  • public policy,
  • civil rights,
  • spouse
Publication Date
Citation Information
Austin R Caster. "Why Same-Sex Marriage Will Not Repeat the Errors of No-Fault Divorce" W. St. U. L. Rev. Vol. 38 Iss. 1 (2010)
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