Tuesday, April 21, 2015

Conservative Mormon lawyers opine on the worldwide acceptance of marriage equality

Nineteenth Century Mormon Missionaries
According to a post Tuesday on Witherspoon Institute's blog, gay couples should not be allowed to marry because most countries don't recognize same-sex marriage. It seems that most countries don't have our constitution either1. The post is titled “Judicially Mandating Same-Sex Marriage Would Put the US at Odds with the Western World.
There is no “emerging global consensus” for same-sex marriage. In fact, same-sex marriage in any form has been adopted by only 17 of the 193 member states of the United Nations—a mere 8.8 percent. In their brief, Koh and company stretch that number to twenty by counting Wales, Scotland, and England as separate nations, and by counting Finland, which has legislation in the works, but no final law.
After all, who wouldn't want us to be like Saudi Arabia, Somalia and Sudan?

The authors, as described at the end of the piece:

Lynn D. Wardle is the Bruce C. Hafen Professor of Law at the J. Reuben Clark Law School at Brigham Young University, managing editor of the International Journal of the Jurisprudence of the Family, and a member of the American Law Institute. Elizabeth A. Clark is Associate Director of the International Center for Law and Religion Studies at Brigham Young University. W. Cole Durham, Jr., is Director of the International Center for Law and Religion Studies at BYU Law School, President of the International Consortium for Law and Religion Studies (ICLARS), and a Co-Editor-in-Chief of the Oxford Journal of Law and Religion.
1 Indeed, according to Freedom House, only 46% of the world’s polities are fully free countries. These provide domicile for 40% of the world's population.

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