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2006

Faculty Scholarship

Boston University School of Law

Religion

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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 ...


Family Constitutions And The (New) Constitution Of The Family, Linda Mcclain Jan 2006

Family Constitutions And The (New) Constitution Of The Family, Linda Mcclain

Faculty Scholarship

This article looks at a topic that has received little attention in the legal literature: constitution making by families. Of what interest is it to constitutional law and family law, and to those interested in the state of the family, that families undertake to draft - and are urged by assorted experts on the family to draft - family constitutions (by analogy to the U.S. constitution) and family mission statements (by analogy to corporate mission statements)? This article contends that this reported trend is a fruitful topic of inquiry, since it bears on important questions about the dynamics of family life ...