Beyond (Straight and Gay) Marriage: Valuing All Families by Nancy D. Polikoff

By Nancy D. Polikoff

The controversy over marriage equality for same-sex rages around the state. past (Straight and homosexual) Marriage boldly strikes the dialogue ahead by means of targeting the bigger, extra basic factor of marriage and the legislation. the basis challenge, asserts legislations professor and LGBT rights activist Nancy Polikoff, is that marriage is a vivid dividing line among these relationships that legally subject and people who do not. a lady married to a guy for 9 months is entitled to Social protection survivor's merits while he dies; a girl residing for nineteen years with a guy or lady to whom she isn't really married gets nothing.Polikoff reframes the controversy through arguing that each one relatives relationships and families want the industrial balance and emotional peace of brain that now expand simply to married undefined. single of any sexual orientation, single-parent families, nuclear family devices, and myriad different familial configurations want popularity and security to satisfy the troubles all of them percentage: construction and maintaining fiscal and emotional interdependence, and nurturing the following iteration. must have the alternative to marry in accordance with the non secular, cultural, or non secular that means of marriage of their lives, asserts Polikoff. whereas marriage equality for same-sex is a civil rights victory, she contends that not anyone must have to marry on the way to achieve particular and particular felony effects. A persuasive argument that married will not be obtain certain rights denied to different households, Polikoff exhibits how the legislations can worth all households, and why it needs to.

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He could be relieved of this obligation only if she died or, in the rare circumstance of divorce, if she married another man who assumed responsibility for her support. Feminist success in achieving formal equality eliminated the gender component, and now, where appropriate, either a husband or wife may seek alimony, even though neither spouse loses the ability to support himself or herself when marrying and easy divorce means that whatever obligations spouses have toward one another are not inherently lifelong.

These accomplishments were consistent with new laws approving easy exit from marriage. No-fault divorce brought with it new thinking about the role of fault in determining child custody. The rule that a parent who has sex outside marriage was automatically unfit to have custody was out of step with increased acceptance of nonmarital sex. ” This constituted a rejection of the rule automatically linking sex outside marriage to unfitness. While it is unlikely the drafters had lesbian and gay parents in mind, the idea that parents’ sexual behavior should not automatically keep them from having custody was an enormous boon to those who would soon advocate that lesbian mothers leaving marriages should be able to keep custody of their children.

Family pluralism encompassed everyone who benefited from the demise of legally mandated gender norms and the reduced imperative of marriage that characterized the late 1960s and early- to mid-1970s. Expanded options for women and new family structures constituted family breakdown for those who imposed the “traditional” married heterosexual couple as the ideal and labeled other forms deviant. 42 Gay Rights and the Conservative Backlash Also in 1979, Reverend Jerry Falwell founded the Moral Majority, an organization that became so pervasive its name was applied to Christian right-wing groups in general.

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