Lynn D. Wardle
Bruce C. Hafen Professor of Law

518 JRCB
(801) 422-2617
wardlel@lawgate.byu.edu

Education:

BA 1971 (cum laude), Brigham Young University; JD 1974 (with distinction), Duke University.

University Honors:

Editorial board, Duke Law Journal; Moot Court board.

Law Practice:

Law Clerk, U.S. District Judge John J. Sirica, 1974-75; trial lawyer in private practice, Phoenix, 1975-78.

Classes Taught:

Family Law, Children and the Law, Conflict of Laws, Origins of the Constitution, Biomedical Ethics & Law;
also occasionally American Legal System, International & Comparative Family Law, Civil Procedure, Seminar on the Legal Profession, etc.

Some Recent Publications:


Marriage and Quasi-Marital Relationships in Central and Eastern Europe (Lynn D. Wardle & A. Scott Loveless, eds., BYU Academic Publishing, 2008) (280 pp. + xvi)

What's the Harm? Does Legalizing Same-Sex Marriage Really Harm Individuals, Families or Society? (Lynn D. Wardle, ed., University Press of America, 2008) (xi + 393 pages)

Family Law: Balancing Interests and Pursing Priorities (Lynn D. Wardle & Camille S. Williams, eds. Wm. S. Hein & Co., Buffalo, NY, 2007) (723 pp + 13 pp. front material).

Lynn D. Wardle, The Morality of Marriage and the Transformative Power of Inclusion, in What’s the Harm? 207-238 (Lynn Wardle ed., University Press of America 2008)

Lynn D. Wardle, A Response to the “Conservative Case” for Same-Sex Marriage: Same-Sex Marriage and “The Tragedy of the Commons,” 22 B.Y.U. J. Pub. L. 441-474 (2008)

Lynn D. Wardle, The Attack on Marriage As the Union of a Man and a Woman, 83 N. Dak. L. Rev. 1365-1391 (2007) [published June 2008]

Lynn D. Wardle, The Fall of Marital Stability and the Rise of Juvenile Delinquency, 10 J. L. & Fam. Studs. 83-109 (2007) [published June 2008]

Lynn D. Wardle, The Hague Convention on Intercountry Adoption and American Implementing Law: Implications for International Adoptions by Gay and Lesbian Couples and Partners, 18 Ind. Int’l & Comp. L. Rev. 113-52 (2008).

Lynn D. Wardle (& Lincoln C. Oliphant), In Praise of Loving: Reflections on the “Loving Analogy” for Same-Sex Marriage, 51 Howard L. J. 1117-1186 (2007) [published January 2008]

Global Perspective on Procreation and Parentage by Assisted Reproduction, 35 Capital U. L. Rev. 413-63 (plus App.) (2006).

Biological Causes and Consequences of Homosexual Behavior and Their Relevance for Family Law Policies, 56 DePaul L. Rev. 997-1033 (2007).

Lessons from the Bill of Rights About Constitutional Protection for Marriage, 38 Loyola Univ.-Chi. L. J. 279-322 (Winter 2007).

What Is Marriage? 6 Whittier J. Child & Fam. Advoc. 53-103 (2006) [published March 2007].

Fundamental Principles of Family Law, with Laurence C. Nolan,(Wm. S. Hein & Co., 2d ed. 2006) (also 2002).

Form and Substance in Parentage Law, 15 William & Mary Bill of Rights J., 203-262 (2006).

Non-Recognition of Same-Sex Marriage Judgments Under DOMA and the Constitution, 38 Creighton L. Rev. 365-420 (2005).

Tyranny, Federalism and the Federal Marriage Amendment, 17 Yale J. L. & Feminism 221-266 (2005)

The 'Withering Away' of Marriage: Some Lessons from the Bolshevik Family Law Reforms in Russia, 1917-1926, 2 Georgetown Journal of Law & Public Policy 469-521 (2004).

Is Marriage Obsolete? 10 Mich. J. Gender & L. 189-235 (2003).

'Multiply and Replenish': Considering Same-Sex Marriage in Light of State Interests in Marital Procreation, 24 Harv. J. L. & Pup. Pol'y 771-814 (2001).

Deconstructing Family: A Critique of the American Law Institute's "Domestic Partners" Proposal, 2001 B.Y.U.L. Rev. 1189-1234.

Contemporary Family Law: Principles, Policy & Practice (four volumes), with Christopher L. Blakesley and Jacqueline Y. Parker (Callaghan & Co. 1988).

Some Recent Presentations:

What’s the Harm? Infrastructure, Democracy, and Constitutional Protection for Marriage, presented at the Notre Dame Center for Ethics and Culture Ninth Annual Fall Conference – The Family: Searching for the Fairest Love, November 6-8, 2008.

The Need for Constitutional Protection for Marriage (in Florida), presented at Nova Southeastern Law Center to the Federalist Society Debate on Same-Sex Marriage, October 27, 2008.

What’s the Harm? Does Legalizing Same-Sex Marriage Really Harm Individuals, Families or Society? presented at the Chapman Dialogue on Same-Sex Marriage and Proposition 8 at Chapman University School of Law, Orange CA, October 24, 2008. (I co-convened this conference.)

The Need for Constitutional Protection for Marriage (in Arizona), presented at the Phoenix Museum of History to the J. Reuben Clark Law Society, the Thomas More Society, the Christian Legal Society, and the Alliance Defense Fund, October 23, 2008.

Forgotten National Treasure: Marriage, The Creation of Social Capital, and the Building of the Social Infrastructure, presented to the Australia Family Association Annual Convention, October 18-19, 2008, in Freeport, WA, Australia.

What’s the Harm? Prop 8 and the Need for Constitutional Protection For Marriage, Presented at McGeorge Law School to the Federalist Society Debate on Same-Sex Marriage and the Constitution, October 10, 2008.

A Federalist Case for State & Federal Constitutional Protection for Marriage presented at Lewis & Clark Law School to the Federalist Society Debate on Same-Sex Marriage and the Constitution, October 7, 2008.

Alimony on the Margin: Is Homemaking Really ‘Productive Labor’? presentated at the 13th World Conference of the International Society of Family Law in Vienna, Austria, September 17, 2008.

From Slavery to Same-Sex Marriage: Inter-Jurisdictional Issues Regarding Controversial Domestic Relations, presentation made in the BYU Law Review Symposium on Contemporary Conflicts Issues in Family Law, at J. Reuben Clark Law School, at BYU, February 1, 2008.

“Standing for Something”: A Critique of the Consequences of Roe v. Wade in American Law and Society, presentation at mini-symposium on Thirty-Five Years of Roe v. Wade, at BYU Law School, January 23, 2008.

Culture, Religion and Family Law, Keynote presentation at the Conference on the State of the Family of the National Center for Family Law at the University of Richmond School of Law, and the Virginia State CLE, September 18, 2007.

Foundations of the Constitution, Conscience, and Society: Relevance for Contemporary Stem-Cell Research Issues, presentation to students at the University of Richmond Law School, September 17, 2007, sponsored by the Federalist Society law school chapter.

The Attack on Marriage As the Union of a Man and a Woman, panel presentation at the World Congress of Families IV in Warsaw, Poland – May 11-13, 2007.

Protecting Human Life, Protecting Rights of Conscience, and Protecting The Basic Social Unit of Society in Florida and in America, presentation to law students at Barry University School of Law, Orlando, FL, April 17, 2007, sponsored by the Federalist Society chapter of the law school.

The Fall of Marital Family Stability and the Rise of Juvenile Delinquency, presentation made in panel response to Distinguished Lecture at the Utah Criminal Justice Center, at the S.J. Quinney College of Law at the University of Utah, March 1, 2007.

The Case for Protecting the Institution of Conjugal Marriage, presentation made to law students, faculty, and public at the Panel Discussion of Same-Sex Marriage at Fordham University Law School in New York City, New York, on February 7, 2002, sponsored by the Stein Public Interest Law Scholars at Fordham Law School and the Federalist Society chapter at the law school.

Bruning, State Marriage Amendments, & Interjurisdictional Recognition Issues: The Case for Protecting Conjugal Marriage, presentation to law students at University of Nebraska (Lincoln) School of Law, Lincoln, NB, February 2, 2007, sponsored by the Federalist Society chapter of the law school.

Invited Presentation on Challenges to Marriage and Morality in the 21st Century, Mt. Kopaonik School of Natural Law (Serbia), December 15, 2006.

Invited Lecture on Recent Developments in Family Law in the United States at University of Novi Sad Faculty of Law, December 13, 2006.

Presentation on The Status of Marriage-Equivalent Relations in Central and Eastern Europe, at the Central European Marriage Colloquium in Vienna, Austria at the University of Vienna, Austria October 6-7, 2006.

Presentation on Mormon Perspectives on Faith in the Public Square at Roundtable on Religion in the Public Square, at The Catholic University of America Columbus School of Law, September 28-29, 2006.

Invited Presentation on Global Perspective on Procreation and Parentage by Assisted Reproduction, at Capitol University Wells Conference on Adoption for Capital Law Review, April 6, 2006.

Invited Presentation on Lessons from the Bill of Rights About Constitutional Protection for Marriage at Loyola University-Chicago Law Journal Symposium on the Roles State and Federal Institutions in Defining Relationships, March 31-April 1, 2006.

Invited Presentation on Biological Causes and Consequences of Homosexual Behavior and Their Relevance for Family DePaul Law Review Symposium on the Biology of Family Relationships, March 3, 2006.

Invited Presentation at New York Law School Federalist Society Debate on the Right to Marry or to Change Marriage?, February 22, 2006.

Invited Works-in-Progress presentation to Case Western Reserve Faculty Workshop on the Advantages of Dual Gender Parenting Advantages, February 21, 2006.

Invited Presentation on Lawrence, Goodridge and the End of Marriage at meeting of Family and Juvenile Law Section at AALS Annual Meeting, January 7, 2005 in San Francisco.

Invited Presentation on Federalism in Family Law and the Federal Marriage Amendment at Conference on Same-Sex Marriage in the New Millennium at Yale Law School, March 6, 2005.

Invited Presentation about AForm and Substance in Committed Relationships at Conference on Legal Recognition of Committed Relationships at Trinity College Dublin (Ireland), April 30, 2005.

Plenary Presentation on Balancing Interests and Pursuing Priorities in Family Law, at 12th World Conference of the International Society of Family Law, Salt Lake City, Utah, July 19-23, 2005.

Debates or Presentations explaining why same-sex marriage should not be legalized at more than 20 American Law Schools, many at events sponsored by the law school Federalist Society chapters.

Committees:

President (2000-02), Secretary-General (1994-2000), and Executive Council (1991-94, 2002-present) of the International Society of Family Law; member of the American Law Institute; testified before congressional and many state legislative committees about family policy issues (including Defense of Marriage Acts). J. Reuben Clark Law School: LL.M. Committee Chair, 2007- present; Director, LL.M. Program (for foreign Lawyers), 1997-2000. Member, University Commencement Awards Committee, 1997-2000; University Faculty Awards Committee, 1996-1999; Chair, Law School Committee on Promotions and Tenure, 1995-1999; Chair, Law School Curriculum Committee, 1991-1994; Member, BYU Campus Access Committee, 1985-1988; Chair, Law School Dean Search Advisory Committee, 1985; Chair, Law School Placement Committee, 1983-1989; Member, Law School Admissions Committee, 1983-1989; Member, Law School Faculty Recruitment Committee, 1982-83, 1994-98.