Calif. gay-marriage ban on trial

same-sex marriage imageThe federal court trial has opened in San Francisco on the case challenging California’s voter-approved ban on gay marriages, the so-called Proposition 8.  Law Professor Linda McClain, an authority on family law and policy, says this case is a critical test of arguments for legalizing same-sex marriage.

“For opponents of same-sex marriage, a key point is that opening up the definition of marriage threatens to untie the knot that binds together sex, procreation, and parenting by ‘sending a message’ that marriage is not fundamentally about managing the consequences of heterosexuality.  But it seems that the judge in the California case will press proponents of this argument to give more concrete evidence of how, precisely, opening up civil marriage will harm the institution of marriage.”

Contact Linda McClain, 617-358-4635, lmcclain@bu.edu

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