Lynn Wardle: Legal Career and Influence on Marriage Law
Lynn Wardle is a prominent legal scholar and professor whose career has been defined by his influence on family law and state legislation. Currently holding the Bruce C. Hafen Professorship at the J. Reuben Clark Law School at Brigham Young University, Wardle has transitioned from a judicial clerk to a key figure in the legal debates surrounding marriage and parental rights in the United States.
Key Facts
- Academic Position: Bruce C. Hafen Professor at J. Reuben Clark Law School, Brigham Young University.
- Legislative Impact: Instrumental in the creation of Utah's first state-level "DOMA Law" in 1995.
- International Role: Former President and General Secretary of the International Society for Family Law (ISFL).
- Congressional Testimony: The only law professor to testify in favor of the Defense of Marriage Act (DOMA) before the House or Senate.
Early Career and Judicial Foundations
Wardle began his legal journey serving as a clerk for Judge John Sirica. His early contributions to legal discourse included submitting an amicus brief—a legal document filed by a non-party to a case to provide information or insight—to the US Supreme Court during the H. L. v. Matheson trial. In this brief, filed on behalf of the state of Utah, Wardle supported the state's parental notification statute, which required physicians to notify parents at least 24 hours before performing abortions on teenagers.
By June 1983, his academic standing was already recognized, as the West Virginia Law Review identified him as a professor during discussions of his legal briefs.
Influence on Marriage Legislation
Wardle played a pivotal role in shaping marriage laws in Utah and at the federal level. During the Baehr v. Miike lawsuit, Wardle identified a legal risk: if same-sex marriages were legalized in Hawaii, existing Utah state law would have forced the state to recognize those marriages.
To prevent this, Wardle authored memos in January 1995 to State Senator LeRay McAllister and Representative Norman L. Nielsen. He urged the creation of legislation that would explicitly codify an exception for same-sex marriage within Utah's marriage recognition statutes. This led to the drafting of House Bill 366, which passed with overwhelming support and was signed into law by Governor Mike Leavitt in March 1995. This legislation became the first state-level "DOMA Law" (Defense of Marriage Act) in the United States.
Wardle's influence extended to Washington D.C., where he testified before congressional committees in support of the federal Defense of Marriage Act (DOMA) in 1996 and the Federal Marriage Amendment in April 2005. He holds the distinction of being the only law professor to testify in favor of DOMA in either the House or the Senate. Beyond marriage, Wardle has also consistently opposed the right of same-sex couples to adopt children.
International Advocacy and Leadership
Representing the Church of Jesus Christ of Latter-day Saints (LDS Church), Wardle has been a regular speaker at the World Congress of Families (WCF). The WCF is an organization that opposes legal protections based on sexual orientation, opposes same-sex marriage, and supports policies against homosexuality in Russia. Wardle's presentations at WCF gatherings occurred in Prague (1997), Warsaw (2007), and Budapest (2017).
In the realm of professional legal societies, Wardle has held significant leadership roles within the International Society for Family Law (ISFL). He served as the society's General Secretary and later as its president. He continues to serve on the ISFL Executive Council and manages the society's website.
Summary of Legal and Academic Contributions
| Area of Influence | Key Action/Role | Outcome/Affiliation |
|---|---|---|
| Judiciary | Clerk for Judge John Sirica | Early legal training |
| State Law | Proposed House Bill 366 | First state-level DOMA law (Utah, 1995) |
| Federal Law | Congressional Testimony | Supported DOMA (1996) and Federal Marriage Amendment (2005) |
| Academia | Bruce C. Hafen Professorship | J. Reuben Clark Law School, BYU |
| Global Law | President/General Secretary | International Society for Family Law (ISFL) |
Frequently Asked Questions
What was Lynn Wardle's role in Utah's marriage laws?
Wardle authored memos to state legislators urging them to create a legal exception for same-sex marriage to avoid recognizing marriages from other jurisdictions, such as Hawaii. This resulted in House Bill 366, the first state-level DOMA law in the U.S.
Which academic position does Lynn Wardle currently hold?
He holds the Bruce C. Hafen Professorship at the J. Reuben Clark Law School at Brigham Young University.
How did Wardle contribute to the federal Defense of Marriage Act (DOMA)?
Wardle testified before congressional committees in favor of DOMA in 1996. He was the only law professor to testify in support of the act in either the House or the Senate.
What is Wardle's involvement with the International Society for Family Law?
Wardle has served as both the General Secretary and the President of the ISFL. He currently remains a member of its Executive Council and edits the organization's website.
What is Wardle's connection to the World Congress of Families?
Representing the LDS Church, Wardle has spoken at WCF gatherings in Prague, Warsaw, and Budapest, supporting the organization's opposition to same-sex marriage and sexual orientation-based legal protections.