Beyond Same-Sex Marriage

Perspectives on Marital Possibilities

Edited by Ronald C. Den Otter - Foreword by Elisabeth Sheff - Contributions by Ronald C. Den Otter; Sonu Bedi; Janet Bennion; Mark Goldfeder; Yosef Razin; Diane Klein; Andrew Lister; Ameneh Maghzi; Mark Gruchy; Kristin McCarty; Maura Strassberg and Olivia Newman

Although the debate over same-sex marriage in the United States has ended, no one seems to know what lies on the horizon. The conversation about what marriage could be like in the future is no longer confined to academics. In his dissent in Obergefell, Chief Justice Roberts linked the constitutionally-mandated legal recognition of same-sex marriage to the possibility that states may also have to recognize multi-person intimate relationships as well to avoid discriminating against plural marriage enthusiasts. The popularity of television shows like TLC’s Sister Wives and HBO’s Big Love suggests that Americans no longer can be dismissive of the possibility that in the foreseeable future, marriage could, and perhaps should, look very different than it does today.

Rather than settling the question of whether states ought to abolish marriage, make it more inclusive, contractual, or call it something else, this book exposes readers to some of the normative, legal, and empirical questions that Americans must address before they can deliberate thoughtfully about whether to keep the marital status quo where monogamy remains privileged. Unlike much of the debate over same-sex marriage, they exchange reasons with one another as they discuss marital reform. This book is for ordinary Americans, their elected representatives, and judges, to help them ultimately decide whether they want to continue to define marriage so narrowly, make it more inclusive to avoid discrimination, or have the state leave the marriage business. This edited, interdisciplinary volume contains eight original contributions, all of which illuminate important but often neglected areas of the topic.

Lexington Books

Pages: 284 • Trim: 6¼ x 9½

978-1-4985-1201-5 • Hardback • September 2016 • $129.00 • (£99.00)

978-1-4985-1203-9 • Paperback • March 2018 • $57.99 • (£45.00)

978-1-4985-1202-2 • eBook • September 2016 • $55.00 • (£42.00)

Subjects: Law / Family LAW / Marriage, Philosophy / Political, Political Science / Public Policy / Cultural Policy, Political Science / Public Policy / Social Policy, Social Science / Customs & Traditions, Social Science / Gay Studies

Beyond Same-Sex Marriage

Perspectives on Marital Possibilities

Hardback

Paperback

eBook

Summary

Although the debate over same-sex marriage in the United States has ended, no one seems to know what lies on the horizon. The conversation about what marriage could be like in the future is no longer confined to academics. In his dissent in Obergefell, Chief Justice Roberts linked the constitutionally-mandated legal recognition of same-sex marriage to the possibility that states may also have to recognize multi-person intimate relationships as well to avoid discriminating against plural marriage enthusiasts. The popularity of television shows like TLC’s Sister Wives and HBO’s Big Love suggests that Americans no longer can be dismissive of the possibility that in the foreseeable future, marriage could, and perhaps should, look very different than it does today.

Rather than settling the question of whether states ought to abolish marriage, make it more inclusive, contractual, or call it something else, this book exposes readers to some of the normative, legal, and empirical questions that Americans must address before they can deliberate thoughtfully about whether to keep the marital status quo where monogamy remains privileged. Unlike much of the debate over same-sex marriage, they exchange reasons with one another as they discuss marital reform. This book is for ordinary Americans, their elected representatives, and judges, to help them ultimately decide whether they want to continue to define marriage so narrowly, make it more inclusive to avoid discrimination, or have the state leave the marriage business. This edited, interdisciplinary volume contains eight original contributions, all of which illuminate important but often neglected areas of the topic.

Details

Lexington Books

Pages: 284 • Trim: 6¼ x 9½

978-1-4985-1201-5 • Hardback • September 2016 • $129.00 • (£99.00)

978-1-4985-1203-9 • Paperback • March 2018 • $57.99 • (£45.00)

978-1-4985-1202-2 • eBook • September 2016 • $55.00 • (£42.00)

Subjects: Law / Family LAW / Marriage, Philosophy / Political, Political Science / Public Policy / Cultural Policy, Political Science / Public Policy / Social Policy, Social Science / Customs & Traditions, Social Science / Gay Studies

Author

Ronald C. Den Otter is associate professor of political science at California Polytechnic State University.

Table of Contents

Foreword Elisabeth Sheff
Introduction Ronald C. Den Otter
Chapter One: Obergefell and the Liberal Case Against Civil Marriage, Sonu Bedi
Chapter Two: Progressive Polygamy in the Western United States, Janet Bennion
Chapter Three: Plural Marriage, Exemptions, and the Redundancy of the Free Exercise Clause, Ronald C. Den Otter
Chapter Four: Robotic Marriage and the Law, Mark Goldfeder and Yosef Razin
Chapter Five: A Friendship Model of Sex, Polyamory, and Plural Marriage, Diane Klein
Chapter Six: Public Reason, Liberal Neutrality, and Marriage, Andrew Lister
Chapter Seven: Polygamy in Islam: Origins and Challenges, Ameneh Maghzi and Mark Gruchy
Chapter Eight: The Need for a Sociological Perspective on Polyamory, Kristin McCarty
Chapter Nine: Scrutinizing Polygamy: Utah’s Brown v. Buhman and British Columbia’s Reference Re: Section 293,Maura Strassberg
Chapter Ten: The Paradox of Big Love in the Liberal State: Treating Adults like Children and Children like Adults, Olivia Newman
About the Contributors

Reviews

This superb book shows why marriage equality should be the beginning and not the end of progressive thinking about the future of marriage. Beyond Same-Sex Marriage is a must read for anyone interested in where considerations of justice and policy should take us next when it comes to legally recognized relationships.
— Carlos A. Ball, Rutgers University

Liberalism, with its tenets of freedom, equality, and fairness, provides a straightforward answer to the question of marriage equality for same-sex couples: yes. After that, it gets really messy. Should the state recognize polygyny? Robot-human marriages? Is civil marriage itself, not to mention its ill-adhered to presumption of sexual exclusivity, anathema to liberal democracy? Den Otter’s fantastic, far-reaching collection illuminates these issues and so many more. The scholars of Beyond Same-Sex Marriage confront the hardest dilemmas of governing intimacy unblinkingly. I learned most from their disagreements!
— Joe Fischel, Yale University

This stimulating and diverse collection of essays includes a participant-observer’s account of life in progressive Mormon households, a theoretical analysis of why “liberal neutrality” should lead to legal recognition of multiple-partner marriage, a lawyer’s argument against legal recognition of plural marriage, and much more. Multidisciplinary in approach, Beyond Same-Sex Marriage provides a rich overview of many complex issues raised by polygamy, plural marriage, polyamory, and the family forms to which these practices give rise.
— Mary L. Shanley, Vassar College

Beyond Same-Sex Marriage

Perspectives on Marital Possibilities

Edited by Ronald C. Den Otter - Foreword by Elisabeth Sheff - Contributions by Ronald C. Den Otter; Sonu Bedi; Janet Bennion; Mark Goldfeder; Yosef Razin; Diane Klein; Andrew Lister; Ameneh Maghzi; Mark Gruchy; Kristin McCarty; Maura Strassberg and Olivia Newman

Beyond Same-Sex Marriage

Perspectives on Marital Possibilities

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