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2006

Faculty Scholarship

Family Law

Boston University School of Law

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'God's Created Order', Gender Complementarity, And The Federal Marriage Amendment, Linda Mcclain Jan 2006

'God's Created Order', Gender Complementarity, And The Federal Marriage Amendment, Linda Mcclain

Faculty Scholarship

Does marriage, in the United States, need the protection of an amendment to the federal constitution, which would enshrine marriage as only the union of a man and a woman? In answering "yes" to this question, sponsors and supporters of the Federal Marriage Protection Amendment (FMPA), in the House of Representatives and the Senate, have made various appeals to the gender complementarity of marriage: (1) opposite-sex marriage is part of "God's created order;" (2) procreation is the purpose of marriage and has a tight nexus with optimal mother/father parenting; (3) marriage bridges the "gender divide" by properly ordering ...