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Judicially Mandating Same-Sex Marriage Would Put the US at Odds with the Western World

by Lynn D. Wardle (Ruth Institute Circle of Experts member), Elizabeth A. Clark and W. Cole Durham

Apr 21, 2015 http://www.thepublicdiscourse.com/2015/04/14874/

Fewer than 9 percent of the countries belonging to the United Nations have redefined marriage to include same-sex relationships—and only one of those did so via its judiciary. A judicial redefinition of marriage would make the United States an extreme outlier on the global stage.

Former Legal Advisor to the US State Department and Yale Law School Dean Harold Koh headlined a star-studded team of scholars in an amicus brief urging the Court to join the “emerging global consensus” for same-sex marriage. Their argument amounted to a more sophisticated version of “everyone
is doing it, so get with the times.”

The problem is, that’s just not true. That’s why we wrote a brief on behalf of fifty-four comparative and international law scholars correcting the record.

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