by Richard G. Wilkins

About the author: Richard. G. Wilkins is a professor of constitutional law and managing director of the World Family Policy Center at Brigham Young University.

Throughout the ages, marriage between man and woman has been essential to individual development, social progress, and communal prosperity. Because of the important roles it has played in the evolution of modern society, marriage has become a “highly preferred” legal relationship. This unique status is reflected in the numerous statutory and other legal preferences that have been created for the marital relationship, ranging from special tax and employment benefits to laws dealing with property ownership and intestacy.

Marriage Is Under Attack

Today, however, the “highly preferred” status of marriage is under attack on several fronts. In the face of mounting divorce and abuse...