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The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi
The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi
Faculty Articles
The first section of this essay explores why the good of children requires the institution of marriage to promote the procreation of children by the act of physical-spiritual love between a man and a woman. The second section explores why the good of children requires the institution of marriage to promote the upbringing of children by the lasting, exclusive, and faithful commitment of the couple. The third section explains why Obergefell's removal of the requirement of a legal union between a man and a woman as an essential aspect of marriage not only destroys the function of the marriage institution …
Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt
Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt
Faculty Articles
In June of 2015, the United States Supreme Court determined by a 5–4 ruling in Obergefell v. Hodges that same-sex couples have a constitutionally guaranteed right to marry. While this represents a momentous victory for homosexuals, many people are still vehemently opposed to the idea. Homosexuality is especially frowned upon in certain religions, including some sects of Christianity. Is it possible that attorneys who decline on religious grounds to provide legal services to same-sex individuals seeking divorces will be ordered to provide that representation? Might those attorneys be sanctioned if they fail to do so? These are both novel and …