The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one ofthe most vigorously advocated reforms discussed in law reviews, one of the mostexplosive political questions facing lawmakers, and one of the most provocativeissues emerging before American courts. If same-sex marriage is legalized, itcould be one of the most revolutionary policy decisions in the history ofAmerican family law. The potential consequences, positive or negative, forchildren, parents, same-sex couples, families, social structure public health,and the status of women are enormous. Given the importance of the issue, thevalue of comprehensive debate of the reasons for and against legalizing same-sexmarriage should be obvious. Marriage is much more than merely a commitment tolove one another. Aside from societal and religious conventions, marriageentails legally imposed financial responsibility and legally authorizedfinancial benefits. Marriage provides automatic legal protections for the spouse,including medical visitation, succession of a deceased spouse's property, aswell as pension and other rights. When two adults desire to "contract" in theeyes of the law, as well a perhaps promise in the eyes of the Lord and theirfriends and family, to be responsible for the obligations of marriage as well asto enjoy its benefits, should the law prohibit their request merely because theyare of the same gender? I intend to prove that because of Article IV of theUnited States Constitution, there is no reason why the federal government norany state government should restrict marriage to a predefined heterosexualrelationship. Marriage has changed throughout the years. In Western law, wives are nowequal rather than subordinate partners; interracial marriage is now widelyaccepted, both in statute and in society; and marital failure itself, ratherthan the fault of one partner, may be groun...
