Cheshire Calhoun
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199257669
- eISBN:
- 9780191598906
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257663.003.0005
- Subject:
- Political Science, Political Theory
The positive arguments for same‐sex marriage are discussed. The first argument links marriage rights to a normative ideal of long‐term, monogamous, sexually faithful intimacy, and defends marriage ...
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The positive arguments for same‐sex marriage are discussed. The first argument links marriage rights to a normative ideal of long‐term, monogamous, sexually faithful intimacy, and defends marriage rights based on the value of that ideal. The second argument presses the connection between homophobia and sexism, stressing the way that securing same‐sex marriage rights might reduce sexism. The third argument links the denial of marriage rights to the cultural construction of gay men and lesbians as outsiders to the family, who are for that reason defective citizens. In pursuing this third line of argument, the US House and Senate arguments supporting the Defense of Marriage Act (DOMA) of 1996 are addressed.Less
The positive arguments for same‐sex marriage are discussed. The first argument links marriage rights to a normative ideal of long‐term, monogamous, sexually faithful intimacy, and defends marriage rights based on the value of that ideal. The second argument presses the connection between homophobia and sexism, stressing the way that securing same‐sex marriage rights might reduce sexism. The third argument links the denial of marriage rights to the cultural construction of gay men and lesbians as outsiders to the family, who are for that reason defective citizens. In pursuing this third line of argument, the US House and Senate arguments supporting the Defense of Marriage Act (DOMA) of 1996 are addressed.
Erin A. O'Hara and Larry E. Ribstein
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195312898
- eISBN:
- 9780199871025
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195312898.003.0008
- Subject:
- Political Science, American Politics
This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties ...
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This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties also contemplate a very long-term open-ended relationship. In many ways, however, marriage is quite different from corporate law because it relates to social policies that help shape the fabric of society. This chapter provides a brief history of choice of marriage law and describes how the contentious issue of same-sex marriage has compromised the place of celebration rule. It then discusses the supply and demand of state marriage law. On the demand side, couples seek new types of marriage rules. On the supply side, legislatures have been urged to accommodate same-sex relationships not only by would-be spouses, gay rights groups, and social liberals, but also by businesses wanting to attract these clients or customers to their states. This chapter also discusses the potential trend toward federal marriage rules. The chapter concludes by presenting a law market approach to divorce, as well as to other important social policy issues, including surrogacy contracts and living wills.Less
This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties also contemplate a very long-term open-ended relationship. In many ways, however, marriage is quite different from corporate law because it relates to social policies that help shape the fabric of society. This chapter provides a brief history of choice of marriage law and describes how the contentious issue of same-sex marriage has compromised the place of celebration rule. It then discusses the supply and demand of state marriage law. On the demand side, couples seek new types of marriage rules. On the supply side, legislatures have been urged to accommodate same-sex relationships not only by would-be spouses, gay rights groups, and social liberals, but also by businesses wanting to attract these clients or customers to their states. This chapter also discusses the potential trend toward federal marriage rules. The chapter concludes by presenting a law market approach to divorce, as well as to other important social policy issues, including surrogacy contracts and living wills.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0001
- Subject:
- Law, Family Law
This book offers arguments in defense of same-sex marriage, marriage (as a distinctive relationship defined by law), and monogamy. It considers the acrimonious debate over same-sex marriage and two ...
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This book offers arguments in defense of same-sex marriage, marriage (as a distinctive relationship defined by law), and monogamy. It considers the acrimonious debate over same-sex marriage and two sets of issues that arise from this debate and that are closely intertwined with marriage: sexual ethics and children's wellbeing. It also examines the ramifications of same-sex marriage for the meaning and future of marriage and asks whether the recognition of same-sex marriage will end marriage as we have known it, or whether civil marriage and monogamy are still justifiable and viable. Finally, the book explores the wider and deeper questions raised by the debate over marriage concerning liberalism as public philosophy. Parts 1 and 2 of the book make the cases for same-sex wedlock and marriage as a special status in civil law, whereas Part 3 focuses on the intersection of polygamy, monogamy, and democracy. The introduction provides an overview of the chapters that follow.Less
This book offers arguments in defense of same-sex marriage, marriage (as a distinctive relationship defined by law), and monogamy. It considers the acrimonious debate over same-sex marriage and two sets of issues that arise from this debate and that are closely intertwined with marriage: sexual ethics and children's wellbeing. It also examines the ramifications of same-sex marriage for the meaning and future of marriage and asks whether the recognition of same-sex marriage will end marriage as we have known it, or whether civil marriage and monogamy are still justifiable and viable. Finally, the book explores the wider and deeper questions raised by the debate over marriage concerning liberalism as public philosophy. Parts 1 and 2 of the book make the cases for same-sex wedlock and marriage as a special status in civil law, whereas Part 3 focuses on the intersection of polygamy, monogamy, and democracy. The introduction provides an overview of the chapters that follow.
Joanna L. Grossman and Lawrence M. Friedman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149820
- eISBN:
- 9781400839773
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149820.003.0008
- Subject:
- Law, Family Law
This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never ...
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This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.Less
This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0004
- Subject:
- Law, Family Law
This chapter examines conservative arguments from the gendered nature of marriage as a relation of husband and wife, and others based on children's interests. It first considers the conservatives' ...
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This chapter examines conservative arguments from the gendered nature of marriage as a relation of husband and wife, and others based on children's interests. It first considers the conservatives' idea of marriage as an essentially gendered relationship of husband and wife before discussing the debate in the U.S. Senate in 2004 over a Federal Marriage Amendment (FMA) to the Constitution. In particular, it explores two main claims advanced by Republican supporters of the FMA on the Senate floor: first, that traditional heterosexual marriage tends to promote children's wellbeing (which is true), and, second, that same-sex matrimony would damage or destroy heterosexual marriage. The chapter proceeds by reviewing the evidence regarding the impact of same-sex marriage on children's welfare and concludes by asking whether greater acceptance of marriages between gay males could contribute to the weakening of marriage.Less
This chapter examines conservative arguments from the gendered nature of marriage as a relation of husband and wife, and others based on children's interests. It first considers the conservatives' idea of marriage as an essentially gendered relationship of husband and wife before discussing the debate in the U.S. Senate in 2004 over a Federal Marriage Amendment (FMA) to the Constitution. In particular, it explores two main claims advanced by Republican supporters of the FMA on the Senate floor: first, that traditional heterosexual marriage tends to promote children's wellbeing (which is true), and, second, that same-sex matrimony would damage or destroy heterosexual marriage. The chapter proceeds by reviewing the evidence regarding the impact of same-sex marriage on children's welfare and concludes by asking whether greater acceptance of marriages between gay males could contribute to the weakening of marriage.
Elizabeth Brake
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199774142
- eISBN:
- 9780199933228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199774142.003.0007
- Subject:
- Philosophy, Feminist Philosophy
Chapter 6 continues the argument for marriage reform by reviewing liberal debates over same-sex marriage to show what they have missed. Liberal defenses of same-sex marriage have not followed the ...
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Chapter 6 continues the argument for marriage reform by reviewing liberal debates over same-sex marriage to show what they have missed. Liberal defenses of same-sex marriage have not followed the implications of their own reasoning far enough. Attempts to produce a rationale for restricting legal marriage to different-sex partners have failed; but so have attempts to produce a rationale for restricting it to monogamous or amatonormative relationships. While child welfare is sometimes given as a reason for restricting marriage, the empirical evidence needed to sustain heterosexual privilege is lacking, and many children are reared outside marriages. I argue for separating legal marriage and parenting frameworks. This may seem to cede the point to marriage contractualists by depriving marriage of any rationale. In the absence of such a rationale, considerations of fairness and efficiency seem to support the abolition of legal marriage.Less
Chapter 6 continues the argument for marriage reform by reviewing liberal debates over same-sex marriage to show what they have missed. Liberal defenses of same-sex marriage have not followed the implications of their own reasoning far enough. Attempts to produce a rationale for restricting legal marriage to different-sex partners have failed; but so have attempts to produce a rationale for restricting it to monogamous or amatonormative relationships. While child welfare is sometimes given as a reason for restricting marriage, the empirical evidence needed to sustain heterosexual privilege is lacking, and many children are reared outside marriages. I argue for separating legal marriage and parenting frameworks. This may seem to cede the point to marriage contractualists by depriving marriage of any rationale. In the absence of such a rationale, considerations of fairness and efficiency seem to support the abolition of legal marriage.
Karen Zivi
- Published in print:
- 2012
- Published Online:
- January 2012
- ISBN:
- 9780199826414
- eISBN:
- 9780199919437
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199826414.003.0004
- Subject:
- Political Science, Political Theory, Democratization
This chapter explores the performativity of the claims in the context of the debate over same-sex marriage. It analyzes rights claims made by both proponents and opponents of same-sex marriage rights ...
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This chapter explores the performativity of the claims in the context of the debate over same-sex marriage. It analyzes rights claims made by both proponents and opponents of same-sex marriage rights to illuminate the ways in which making rights claims allows for the contestation and reconstitution of the meaning of democratic citizenship. This chapter thus offers a rejoinder to left critics of rights, such as Michael Warner and Wendy Brown, who worry that rights claiming reinforces state power and undermines democratic freedom, and it does so, in part, by offering a new interpretation of Michel Foucault’s notion of disciplinary power and his position on rights. It also works with the arguments of Judith Butler to further develop the perlocutionary and persuasive dimensions of the act of rights claiming.Less
This chapter explores the performativity of the claims in the context of the debate over same-sex marriage. It analyzes rights claims made by both proponents and opponents of same-sex marriage rights to illuminate the ways in which making rights claims allows for the contestation and reconstitution of the meaning of democratic citizenship. This chapter thus offers a rejoinder to left critics of rights, such as Michael Warner and Wendy Brown, who worry that rights claiming reinforces state power and undermines democratic freedom, and it does so, in part, by offering a new interpretation of Michel Foucault’s notion of disciplinary power and his position on rights. It also works with the arguments of Judith Butler to further develop the perlocutionary and persuasive dimensions of the act of rights claiming.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0005
- Subject:
- Law, Family Law
This chapter considers the symbolic dimension of marriage, noting that the symbolism of marriage has been most central to the very public political debates over same-sex marriage. It first examines ...
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This chapter considers the symbolic dimension of marriage, noting that the symbolism of marriage has been most central to the very public political debates over same-sex marriage. It first examines the arguments against preserving marriage as a status relation in law and asks whether marriage as a civil institution deserves its special status in law. It then discusses the uses of marriage as a status relationship defined by law, the law and public meaning of marriage, and the idea of marital commitment. It also makes the case for marriage from the standpoint of our deepest commitments to equality and freedom and argues that retaining “marriage” as a distinctive status in law serves both justice and the public good.Less
This chapter considers the symbolic dimension of marriage, noting that the symbolism of marriage has been most central to the very public political debates over same-sex marriage. It first examines the arguments against preserving marriage as a status relation in law and asks whether marriage as a civil institution deserves its special status in law. It then discusses the uses of marriage as a status relationship defined by law, the law and public meaning of marriage, and the idea of marital commitment. It also makes the case for marriage from the standpoint of our deepest commitments to equality and freedom and argues that retaining “marriage” as a distinctive status in law serves both justice and the public good.
Neal Devins
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195368321
- eISBN:
- 9780199867509
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368321.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter addresses state constitutional interpretation in the context of same-sex marriage, with a particular focus on its implications for the new judicial federalism. It surveys the same-sex ...
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This chapter addresses state constitutional interpretation in the context of same-sex marriage, with a particular focus on its implications for the new judicial federalism. It surveys the same-sex marriage decisions under state constitutions, applying an institutional approach to understand their implications within the new judicial federalism framework. It argues that, while state supreme courts construing state constitutions should not take into account out-of-state backlash, it is entirely appropriate, and even desirable, for them to consider in-state inter-institutional implications of their decisions when contemplating the recognition of new constitutional rights. The chapter illustrates how state courts simultaneously operate as independent sovereigns while participating in a national conversation about core constitutional values—values that transcend any one state.Less
This chapter addresses state constitutional interpretation in the context of same-sex marriage, with a particular focus on its implications for the new judicial federalism. It surveys the same-sex marriage decisions under state constitutions, applying an institutional approach to understand their implications within the new judicial federalism framework. It argues that, while state supreme courts construing state constitutions should not take into account out-of-state backlash, it is entirely appropriate, and even desirable, for them to consider in-state inter-institutional implications of their decisions when contemplating the recognition of new constitutional rights. The chapter illustrates how state courts simultaneously operate as independent sovereigns while participating in a national conversation about core constitutional values—values that transcend any one state.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.001.0001
- Subject:
- Law, Family Law
The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage ...
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The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. This book demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. The book displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, the book opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, the book explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. Casting new light on today's debates over the future of marriage, the book lays the groundwork for a stronger institution.Less
The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. This book demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. The book displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, the book opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, the book explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. Casting new light on today's debates over the future of marriage, the book lays the groundwork for a stronger institution.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0006
- Subject:
- Law, Family Law
This chapter examines the many “legal incidents” of marriage: the specific benefits, responsibilities, obligations, and protections that are associated with marriage by law. While critics focus on ...
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This chapter examines the many “legal incidents” of marriage: the specific benefits, responsibilities, obligations, and protections that are associated with marriage by law. While critics focus on the special privileges or benefits that spouses acquire in marriage, those are balanced by special obligations. The chapter suggests that the whole package seems reasonably appropriate for both opposite-sex and same-sex couples. It also considers the ways in which marriage seems to promote the good of spouses, children, and society, along with the class divide that now characterizes marriage and parenting. It argues that this class divide, not same-sex marriage, is the great challenge for the future.Less
This chapter examines the many “legal incidents” of marriage: the specific benefits, responsibilities, obligations, and protections that are associated with marriage by law. While critics focus on the special privileges or benefits that spouses acquire in marriage, those are balanced by special obligations. The chapter suggests that the whole package seems reasonably appropriate for both opposite-sex and same-sex couples. It also considers the ways in which marriage seems to promote the good of spouses, children, and society, along with the class divide that now characterizes marriage and parenting. It argues that this class divide, not same-sex marriage, is the great challenge for the future.
Andrew Koppelman
- Published in print:
- 2006
- Published Online:
- October 2013
- ISBN:
- 9780300113402
- eISBN:
- 9780300135138
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300113402.001.0001
- Subject:
- Political Science, American Politics
Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from ...
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Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from nullifying family relationships based in other states, or from making themselves havens for people who are trying to escape obligations to their spouses and children. This book offers workable legal solutions to the problems that arise when gay couples cross state borders. Drawing on historical precedents in which states held radically different moral views about marriage (for example, between kin, very young individuals, and interracial couples), the author shows which state laws should govern in specific situations as gay couples travel or move from place to place. Americans are profoundly divided over same-sex marriage, and now that gay civil unions and marriages are legal in some states, the issue has become increasingly urgent.Less
Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from nullifying family relationships based in other states, or from making themselves havens for people who are trying to escape obligations to their spouses and children. This book offers workable legal solutions to the problems that arise when gay couples cross state borders. Drawing on historical precedents in which states held radically different moral views about marriage (for example, between kin, very young individuals, and interracial couples), the author shows which state laws should govern in specific situations as gay couples travel or move from place to place. Americans are profoundly divided over same-sex marriage, and now that gay civil unions and marriages are legal in some states, the issue has become increasingly urgent.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0002
- Subject:
- Law, Family Law
This chapter considers the main arguments raised by conservatives against same-sex marriage and gay rights more generally. Defenders of same-sex marriage acknowledge the fact that marriage is in many ...
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This chapter considers the main arguments raised by conservatives against same-sex marriage and gay rights more generally. Defenders of same-sex marriage acknowledge the fact that marriage is in many ways a conservative institution. Libertarians, liberationists, and some liberals doubt that marriage is fair given the diversity of people's conceptions of meaning and value in life. Many adopt an unnecessarily critical posture toward civil marriage. This chapter offers a sympathetic account of marriage that recognizes the importance for many people of marital commitment while also honoring, and indeed helping to secure, the equal liberty and fairness prized by liberals. It shows that the debate over gay rights has been shaped by the repeated articulation of a demand for public reasons and evidence to justify the shape of the law touching on gay rights and marriage. The demand for reasons was laid down by the dissenters in Bowers v. Hardwick (1987).Less
This chapter considers the main arguments raised by conservatives against same-sex marriage and gay rights more generally. Defenders of same-sex marriage acknowledge the fact that marriage is in many ways a conservative institution. Libertarians, liberationists, and some liberals doubt that marriage is fair given the diversity of people's conceptions of meaning and value in life. Many adopt an unnecessarily critical posture toward civil marriage. This chapter offers a sympathetic account of marriage that recognizes the importance for many people of marital commitment while also honoring, and indeed helping to secure, the equal liberty and fairness prized by liberals. It shows that the debate over gay rights has been shaped by the repeated articulation of a demand for public reasons and evidence to justify the shape of the law touching on gay rights and marriage. The demand for reasons was laid down by the dissenters in Bowers v. Hardwick (1987).
Elizabeth Brake
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199774142
- eISBN:
- 9780199933228
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199774142.001.0001
- Subject:
- Philosophy, Feminist Philosophy
Even in secular contexts, marriage retains sacramental connotations. Yet what is its moral significance? This book examines its morally salient features – promise, commitment, care, and contract – ...
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Even in secular contexts, marriage retains sacramental connotations. Yet what is its moral significance? This book examines its morally salient features – promise, commitment, care, and contract – with surprising results. In Part One, “De-Moralizing Marriage,” essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contends with philosophical defenses of marriage to argue that marriage has no inherent moral significance. Further, privileging marriage sustains amatonormative discrimination – discrimination against non-amorous or non-exclusive caring relationships such as friendships, adult care networks, or polyamorous groups. The discussion raises issues of independent interest for the moral philosopher such as the limits of promising and nature of commitment. The central argument of Part Two, “Democratizing Marriage,” is that liberal reasons for recognizing same-sex marriage also require recognition of polyamorists, polygamists, friends, urban tribes, and adult care networks. Political liberalism requires the disestablishment of monogamous amatonormative marriage. Under public reason, a liberal state must refrain from basing law solely on moral or religious doctrines; but only such doctrines could furnish reason for restricting marriage to male-female couples or romantic dyads. Restrictions on marriage should be minimized. But there is a strong rationale for minimal marriage: social supports for care are a matter of fundamental justice. Part Two responds to challenges posed by property division, polygyny, and parenting, builds on feminist, queer, and anti-racist critiques of marriage, and argues for the compatibility of liberalism and feminism.Less
Even in secular contexts, marriage retains sacramental connotations. Yet what is its moral significance? This book examines its morally salient features – promise, commitment, care, and contract – with surprising results. In Part One, “De-Moralizing Marriage,” essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contends with philosophical defenses of marriage to argue that marriage has no inherent moral significance. Further, privileging marriage sustains amatonormative discrimination – discrimination against non-amorous or non-exclusive caring relationships such as friendships, adult care networks, or polyamorous groups. The discussion raises issues of independent interest for the moral philosopher such as the limits of promising and nature of commitment. The central argument of Part Two, “Democratizing Marriage,” is that liberal reasons for recognizing same-sex marriage also require recognition of polyamorists, polygamists, friends, urban tribes, and adult care networks. Political liberalism requires the disestablishment of monogamous amatonormative marriage. Under public reason, a liberal state must refrain from basing law solely on moral or religious doctrines; but only such doctrines could furnish reason for restricting marriage to male-female couples or romantic dyads. Restrictions on marriage should be minimized. But there is a strong rationale for minimal marriage: social supports for care are a matter of fundamental justice. Part Two responds to challenges posed by property division, polygyny, and parenting, builds on feminist, queer, and anti-racist critiques of marriage, and argues for the compatibility of liberalism and feminism.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0008
- Subject:
- Law, Family Law
This chapter examines the different forms of plural marriage and provides some historical background and context, focusing on the long-running conflict around polygamy in the Mormon Church in North ...
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This chapter examines the different forms of plural marriage and provides some historical background and context, focusing on the long-running conflict around polygamy in the Mormon Church in North America. It asks whether we can justify prohibiting or denying recognition to polygamous marriages, whether we ought to drop restrictions based on numbers and focus on the quality of people's relationships, and on what grounds nonrecognition and discouragement of polygamy can be justified. It also considers the so-called “polyamory” and argues that same-sex marriage and polygamy have little in common, aside from being deviations from “traditional” monogamy. Finally, it explores plural marriage as a doctrinal tenet of the Mormons and the 1947 Supreme Court case Reynolds v. United States.Less
This chapter examines the different forms of plural marriage and provides some historical background and context, focusing on the long-running conflict around polygamy in the Mormon Church in North America. It asks whether we can justify prohibiting or denying recognition to polygamous marriages, whether we ought to drop restrictions based on numbers and focus on the quality of people's relationships, and on what grounds nonrecognition and discouragement of polygamy can be justified. It also considers the so-called “polyamory” and argues that same-sex marriage and polygamy have little in common, aside from being deviations from “traditional” monogamy. Finally, it explores plural marriage as a doctrinal tenet of the Mormons and the 1947 Supreme Court case Reynolds v. United States.
Patrick J. Egan, Nathaniel Persily, and Kevin Wallsten
- Published in print:
- 2008
- Published Online:
- October 2011
- ISBN:
- 9780195329414
- eISBN:
- 9780199851720
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329414.003.0011
- Subject:
- Political Science, American Politics
The controversy surrounding gay rights represents the most recent part in the long story of often unpopular attempts by courts to protect minorities from discrimination and to broaden the ...
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The controversy surrounding gay rights represents the most recent part in the long story of often unpopular attempts by courts to protect minorities from discrimination and to broaden the constitutional guarantees concerning freedom of intimate associations. This chapter traces the remarkable rise in attitudes favorable toward gay people and gay rights over the past thirty years. It then explores the relationship between court decisions on gay rights and public opinion, with a close examination of the trajectory of opinion before and after two critical Supreme Court decisions regarding gay sex: Bowers v. Hardwick (1986) and Lawrence v. Texas (2003). In particular, it focuses on how Lawrence—although nominally about sodomy laws—instead catalyzed a highly salient debate over gay marriage, a debate that intensified after the Massachusetts Supreme Judicial Court issued a landmark decision granting gays and lesbians marriage rights in that state.Less
The controversy surrounding gay rights represents the most recent part in the long story of often unpopular attempts by courts to protect minorities from discrimination and to broaden the constitutional guarantees concerning freedom of intimate associations. This chapter traces the remarkable rise in attitudes favorable toward gay people and gay rights over the past thirty years. It then explores the relationship between court decisions on gay rights and public opinion, with a close examination of the trajectory of opinion before and after two critical Supreme Court decisions regarding gay sex: Bowers v. Hardwick (1986) and Lawrence v. Texas (2003). In particular, it focuses on how Lawrence—although nominally about sodomy laws—instead catalyzed a highly salient debate over gay marriage, a debate that intensified after the Massachusetts Supreme Judicial Court issued a landmark decision granting gays and lesbians marriage rights in that state.
Yvonne Zylan
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199735082
- eISBN:
- 9780199894802
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735082.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter uses the framework developed in Chapter 3 to examine same-sex marriage. Topics discussed include same-sex marriage litigation, the nature of marriage, and how same-sex marriage ...
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This chapter uses the framework developed in Chapter 3 to examine same-sex marriage. Topics discussed include same-sex marriage litigation, the nature of marriage, and how same-sex marriage litigation strategies produce and partake of a self-governance project that not only confines unruly sexuality to binary sexual categories but also works to erase and disparage gayness itself.Less
This chapter uses the framework developed in Chapter 3 to examine same-sex marriage. Topics discussed include same-sex marriage litigation, the nature of marriage, and how same-sex marriage litigation strategies produce and partake of a self-governance project that not only confines unruly sexuality to binary sexual categories but also works to erase and disparage gayness itself.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0011
- Subject:
- Law, Family Law
This concluding chapter summarizes some of the main points of the book's argument regarding same-sex marriage, marriage, and monogamy. It first considers how same-sex marriage might change marriage ...
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This concluding chapter summarizes some of the main points of the book's argument regarding same-sex marriage, marriage, and monogamy. It first considers how same-sex marriage might change marriage for all before reflecting on what marriage tells us about the ideal of an ethically neutral state and liberalism as a public philosophy. It argues that same-sex marriage makes monogamous marriage stronger as a liberal and democratic social institution. From the standpoint of justice, the chapter explains how monogamous marriage helps imprint the DNA of equal liberty onto the very fiber of family and sexual intimacy. It contends that the distinctiveness of marriage as a plan of life goes beyond its role in securing justice, that lifelong monogamous marital commitment is a distinctive plan of life. It concludes by suggesting that, with respect to other complex aspects of law pertaining to marriage and family relations, the law should change incrementally.Less
This concluding chapter summarizes some of the main points of the book's argument regarding same-sex marriage, marriage, and monogamy. It first considers how same-sex marriage might change marriage for all before reflecting on what marriage tells us about the ideal of an ethically neutral state and liberalism as a public philosophy. It argues that same-sex marriage makes monogamous marriage stronger as a liberal and democratic social institution. From the standpoint of justice, the chapter explains how monogamous marriage helps imprint the DNA of equal liberty onto the very fiber of family and sexual intimacy. It contends that the distinctiveness of marriage as a plan of life goes beyond its role in securing justice, that lifelong monogamous marital commitment is a distinctive plan of life. It concludes by suggesting that, with respect to other complex aspects of law pertaining to marriage and family relations, the law should change incrementally.
Jeffrey M. Shaman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195334340
- eISBN:
- 9780199868773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195334340.003.0006
- Subject:
- Law, Constitutional and Administrative Law
Although there is a split of authority on the issue, some state courts have ruled that it is unconstitutional to deny gay or lesbian couples the civil benefits and rights that are available to ...
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Although there is a split of authority on the issue, some state courts have ruled that it is unconstitutional to deny gay or lesbian couples the civil benefits and rights that are available to heterosexual couples who are married. These decisions extend the legal benefits of marriage, but not the right to marry itself, to same-sex couples. However, in 2003, in a momentous decision, the Supreme Court of Massachusetts ruled that it was a violation of the state constitution for the commonwealth to deny the right to marry to persons of the same sex. Court decisions concerning civil union and marriage are based on the principle of equality and the right of privacy. This chapter thoroughly examines the opinions entered in the Massachusetts case and analyzes the arguments for and against same-sex marriage.Less
Although there is a split of authority on the issue, some state courts have ruled that it is unconstitutional to deny gay or lesbian couples the civil benefits and rights that are available to heterosexual couples who are married. These decisions extend the legal benefits of marriage, but not the right to marry itself, to same-sex couples. However, in 2003, in a momentous decision, the Supreme Court of Massachusetts ruled that it was a violation of the state constitution for the commonwealth to deny the right to marry to persons of the same sex. Court decisions concerning civil union and marriage are based on the principle of equality and the right of privacy. This chapter thoroughly examines the opinions entered in the Massachusetts case and analyzes the arguments for and against same-sex marriage.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0009
- Subject:
- Law, Family Law
This chapter examines a variety of principled factors that help to distinguish plural marriage from same-sex marriage as a matter of both justice and constitutional principle. It also reviews the ...
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This chapter examines a variety of principled factors that help to distinguish plural marriage from same-sex marriage as a matter of both justice and constitutional principle. It also reviews the substantial body of evidence that led the Supreme Court of British Columbia, in a 2012 landmark case, to uphold Canada's criminal prohibition on polygamy. It argues that this evidentiary record, while certainly not beyond challenge, stands in contrast to the abstract and moralistic arguments advanced against the rights of gay and lesbian citizens. It asserts that polygamy as a widespread practice, or normative system, appears to be incongruent with efforts to secure the preconditions of equal liberty and fair opportunity for all. The chapter concludes by speculating on what the consequences of decriminalization will be for polygamy.Less
This chapter examines a variety of principled factors that help to distinguish plural marriage from same-sex marriage as a matter of both justice and constitutional principle. It also reviews the substantial body of evidence that led the Supreme Court of British Columbia, in a 2012 landmark case, to uphold Canada's criminal prohibition on polygamy. It argues that this evidentiary record, while certainly not beyond challenge, stands in contrast to the abstract and moralistic arguments advanced against the rights of gay and lesbian citizens. It asserts that polygamy as a widespread practice, or normative system, appears to be incongruent with efforts to secure the preconditions of equal liberty and fair opportunity for all. The chapter concludes by speculating on what the consequences of decriminalization will be for polygamy.
