Wardle: Relationships Between Family and Government CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL VOLUME 31 FALL 2000 NUMBER 1 RELATIONSHIPS BETWEEN FAMILY AND GOVERNMENT LYNN D. WARDLE* I. INTRODUCTION The relationship between family and government has become obscure. The concept that government should not attempt to define or restrict rela- tionships that merit legal treatment as "marriages" and "families" has be- come very popular among academics in the United States and many other nations. As Bruce Hafen, former Brigham Young University Law School Dean and family law professor writes, "the trend in most countries today is toward letting people decide for themselves how and when to form and dis- solve marriages and child-parent ties."' Other family law scholars have noted the "privatization" of family law2 and the diminution of moral discourse in family law in the past three decades.' The prevailing viewpoint among scholars seems to be that government should accept as "marriage" or "fam- ily" any relationship that the parties wish to call a "marriage" or a "family." " Professor of J. Law, Reuben Clark Law School, Brigham Young University, Provo, UT 84602, USA. E-mail:
[email protected]. An earlier version of this article was pre- sented at the regional conference of the International Society of Family Law in Prague, Czech Republic, June 27-29, 1998. 1. Bruce C. Hafen, Bridle Your Passions: How Modern Law Can Protect the Family, VITAL SPEECHES, Aug. 1, 1997, at 633, available in 1997 WL 10024439, at *1 [hereinafter Bridle Your Passions]. 2. Jana B. Singer, The Privatization of Family Law, 1992 Wis.