Is Same-Sex Marriage a Threat to Traditional Marriages?: How Courts Struggle with the Question

Abstract

The article explores the threat posed by the same-sex marriage to the traditional institution of marriages. It provides a brief overview of the manners of the U.S. courts' legal recognition of same-sex marriage and is contrasted with the approach of the German Federal Constitutional Court. It regarded German's judicial approach of the traditional institution argument, which provides a clearly explained and logical analysis, as an appropriate and desirable manner of addressing the issue.

Keywords

Same-sex marriage -- Law & legislation, Conflict of laws -- Marriage, International law -- Interpretation & construction, Law -- United States, Marriage law, Judicial process

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Authors

Patrick Busch (Washington University School of Law)

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