By Nancy D. Polikoff
The controversy over marriage equality for same-sex rages around the nation. past (Straight and homosexual) Marriage boldly strikes the dialogue ahead by means of concentrating on the bigger, extra primary factor of marriage and the legislation. the foundation challenge, asserts legislations professor and LGBT rights activist Nancy Polikoff, is that marriage is a vivid dividing line among these relationships that legally topic and people who do not. a lady married to a guy for 9 months is entitled to Social protection survivor's advantages whilst he dies; a lady dwelling for nineteen years with a guy or girl to whom she isn't married gets nothing.Polikoff reframes the controversy through arguing that each one relations relationships and families desire the commercial balance and emotional peace of brain that now expand in basic terms to married undefined. single of any sexual orientation, single-parent families, devices, and myriad different familial configurations desire attractiveness and safety to fulfill the troubles all of them percentage: construction and maintaining fiscal and emotional interdependence, and nurturing the following new release. must have the alternative to marry in accordance with the non secular, cultural, or spiritual which means of marriage of their lives, asserts Polikoff. whereas marriage equality for same-sex is a civil rights victory, she contends that nobody must have to marry with a view to achieve particular and precise felony effects. A persuasive argument that married are not obtain unique rights denied to different households, Polikoff indicates how the legislation can worth all households, and why it needs to.
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Extra info for Beyond (Straight and Gay) Marriage: Valuing All Families under the Law
Early in 1975, President Gerald Ford had established the National Commission on the Observance of International Women’s Year to make recommendations on promoting equality between men and women. Representative Bella Abzug, after returning from the 1975 United Nations International Women’s Year Conference in Mexico City, wrote legislation that allocated $5 million to fund a national women’s conference to be held in Houston in 1977. The conference would follow meetings in all states and 20 The Changing Meaning of Marriage territories that would elect delegates, consider platform issues, and prepare for the national conference.
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.
In 1992, after three attempts in the Minnesota Court of Appeals, Karen was named Sharon’s guardian. ² Couples and Others outside Marriage Even before the tragedies that changed forever the lives of Miguel Braschi, Leslie Blanchard, Karen Thompson, and Sharon Kowalski, it was apparent that unmarried couples could suƒer from the absence of legal recognition. When “illegitimate” children had suƒered because they lacked access to the beneﬁts given children born to married couples, the solution had been to reduce the legal signiﬁcance of marriage—to make something other than marriage the dividing line between who was included and who was excluded from particular beneﬁts.
Beyond (Straight and Gay) Marriage: Valuing All Families under the Law by Nancy D. Polikoff