Publication Date

Fall 2016

Journal

Ave Maria Law Review

Abstract

The article argues against the legal recognition of civil marriage, particularly in the context of same-sex marriage as upheld by the Supreme Court in Obergefell v. Hodges. The author contends that legal recognition of same-sex marriage conflates moral approval with legal neutrality, leading to potential conflicts between individual conscience and state mandates. Drawing on Talmudic principles and historical legal precedents, the article advocates for the abolition of civil marriage and proposes an alternative system of designating "close friends" for legal purposes to avoid such conflicts.

Volume

14

First Page

140

Last Page

150

Publisher

Ave Maria School of Law

Disciplines

Criminal Law | Criminal Procedure | Law | Law and Society

Comments

Symposium: The Implications of Obergefell v. Hodges for Families, Faith and the Future

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