Alvare on Our Current Laws: Divorcing Marriage from Children (Part 2)


Over at Public Discourse, in the second part of her two-part essay (read part one here) Helen Alvare explains how changes in family law over the past 50 years have been detrimental to child wellbeing:

Family law has changed during the past 50 years to the detriment of child well-being, paving the way for the arguments in support of same-sex marriage. But there is a new strategy available to us to respond to this situation.

The first part of this series summarized two centuries of Supreme Court opinions identifying the state's interest in marriage with its interests in children, their formation for self-government, and the building of a decentralized society. Today, however, those who demand state recognition of same-sex marriage either ignore or minimize the relationship between marriage law and children's welfare. In light of the Supreme Court decisions discussed here yesterday, this seems a foolish strategy, bound to fail.

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