Abstract

http://ssrn.com/abstract=1962969
 


 



The Impacts on Education and Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence


Lynn D. Wardle


Brigham Young University - J. Reuben Clark Law School

November 21, 2011

Brigham Young University Education and Law Journal, Vol. 2011, No. 2

Abstract:     
One of the most contentious issues to arise in public policy debates concerning the legalization of same-sex marriage is whether legalizing same-sex marriage has a significant detrimental impact on education, particularly public education. However, legal scholarly and professional consideration of this issue is scarce and one sided. This article reviews the evidence that legalizing same-sex marriage has had a serious, profoundly controversial, and arguably detrimental impact on public education. It then explains why legalization of same-sex marriage must have some impact on educational curriculum. When the meaning of marriage changes it must be reflected in the curriculum that covers that subject. Next, the existing constitutional protections against detrimental impacts upon parents’ rights and family integrity interests of legalizing same-sex marriage are reviewed. The article also presents an analogy from abortion jurisprudence that may provide some protection for parental rights to control the education of their children and protect them against some detrimental effects on education from legalizing same-sex marriage. Finally, the article provides some recommendations for legal remedies and community action that may address these concerns.

Number of Pages in PDF File: 42

Accepted Paper Series


Download This Paper

Date posted: November 23, 2011  

Suggested Citation

Wardle, Lynn D., The Impacts on Education and Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence (November 21, 2011). Brigham Young University Education and Law Journal, Vol. 2011, No. 2. Available at SSRN: http://ssrn.com/abstract=1962969

Contact Information

Lynn D. Wardle (Contact Author)
Brigham Young University - J. Reuben Clark Law School ( email )
518 JRCB
Provo, UT 84602
United States
801-422-2617 (Phone)
801-422-0391 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 926
Downloads: 84
Download Rank: 175,720

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.579 seconds