Intercultural Human Rights Law Review
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 to promote the proper procreation of children, but in fact involves the State in regulating personal relationships to the detriment of individual privacy and autonomy. The fourth section explains why the Family Law Act's removal of the requirement of a lasting, exclusive, and faithful commitment between the man and the woman as an essential aspect of marriage seriously impairs the function of marriage to encourage and protect the education and upbringing of those children in a continuous environment of parental love, and instead promotes the abdication of parental responsibility. There is no doubt that the importance of morals to law is especially significant in the case of marriage.
John Makdisi & June Mary Zekan Makdisi, The Transformation of Marriage as a State Institution, 14 INTERCULTURAL HUM. Rts. L. REV. 371 (2019).