Law professors Lynn Wardle, Cole Durham, and 52 other legal scholars say “not so fast.” In a dueling brief, Wardle, Durham, and the rest point out that same-sex marriage is quite rare around the world. There is no “emerging global consensus.”
Only 17 of the 193 member states of the UN allow for same-sex marriage, and a court imposed only one of those. Wardle and Durham point out that 47 nations have constitutional provisions enshrining man-woman marriage, and more are coming.
Same-sex marriage proponents conclude such positions can only come from hatred or animus toward homosexuals. Wardle and Durham say no: “95 of the 176 states allowing only traditional marriage have decriminalized homosexual conduct. Eight-eight have affirmatively extended constitutional and/or legislative protections to LGBT individuals.”
Koh says the nations that have refused to adopt same-sex marriage are “anti-models”, those that a constitutional democracy like the US should not follow. Wardle and Durham say, in fact, “they are constitutional democracies that share our values of individual freedom.”
Leave a Reply