By Elizabeth Brake
This number of essays through liberal and feminist philosophers addresses the query of no matter if marriage reform should cease with same-sex marriage. a few philosophers have lately argued that marriage is intolerant and may be abolished or noticeably reformed to incorporate teams and non-romantic friendships. In reaction, Simon may perhaps argues that marriage legislations could be justified with out an intolerant entice an excellent dating sort, and Ralph Wedgwood argues that the liberal values which justify same-sex marriage don't justify extra extension. different authors argue for brand new felony types for intimate relationships. Marriage abolitionist Clare Chambers argues that piecemeal directives instead of dating contracts may still exchange marriage, and Samantha Brennan and invoice Cameron argue for setting apart marriage and parenting, with parenting instead of marriage changing into, legally and socially, the basis of the relatives. Elizabeth Brake argues for a non-hierarchical friendship version for marriage. Peter de Marneffe argues that polygamy can be decriminalized, yet that the liberal kingdom needn't realize it, whereas Laurie Shrage argues that polygamy should be legally based to guard privateness and equality. Dan Nolan argues for transitority marriage as a criminal alternative, whereas Anca Gheaus argues that marital commitments are frustrating tools for securing the nice of romantic and sexual love. Taken jointly, those essays problem modern understandings of marriage and the state's position in it.
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Extra resources for After Marriage: Rethinking Marital Relationships
In general, it seems to me that these entitlements to third-party benefits could be detached from marriage, and provided on a different basis, without radically changing the nature of marriage. Indeed, I am sympathetic to the proposal that many if not all of these entitlements should be detached from marriage, and made available to any demonstrable caring relationship. At all events, in what follows I shall set these entitlements to third-party benefits aside. In offering a justification for marriage, I shall not argue for the thesis that all of these entitlements should always be attached to marriage; and I shall certainly not argue that any of these entitlements should be withheld from other relationships.
In that case, the state should certainly aim to protect single people against such injustices. It is not clear, however, that the disestablishment of civil marriage is necessary or even particularly effective for protecting single people in this way. Even without civil marriage, some people will live together as couples, while others will be single, and the single people could still be stigmatized or discriminated against. The most effective way to protect single people would be to outlaw discrimination on the basis of marital status (as many American states—though not the US federal government—already do).
But many of these philosophers give only heavily qualified support to the same-sex marriage campaigners’ fundamental goal—which is to give same-sex couples access to something that closely approximates the current institution of marriage. On the contrary, according to these political philosophers, civil marriage itself, in anything approximating to its current form, is incompatible with liberal principles of justice. In their view, marriage should ideally be either completely abolished or radically reformed, virtually beyond recognition; making civil marriage in anything like its current form available to same-sex couples is supportable only if these more radical reforms are unavailable.