Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, December 3, 2009

Pouncy: "Marriage and Domestic Partnership: Rationality and Inequality"

Charles R. P. Pouncy (Florida International University College of Law) has posted "Marriage and Domestic Partnership:  Rationality and Inequality," forthcoming in the Temple Political & Civil Rights Law Review, on SSRN.  Here is the abstract:

The efforts of gay and lesbian communities to regularize their relations resulted in competing claims for same-sex marriageand domestic partnerships. This essay argues that the debate between these two forms of organization is tainted by a reliance on analyses provided by neoclassical economic theory. If the decision about which of these institutions presents the best way to structure the relationships of lesbians and gays is dominated by the notion of economic rationality then marriage seems clearly preferable. However, when the focus is changed from the economic interests of the individual to the health and well being of queer communities domestic partnership emerges as the preferable way of organizing gay and lesbian relationships. Thus, the paper argues that queer communities should invest their resources in the development of domestic partnership as a societal institution. Adopting marriageis more likely to support the male privilege and heterosexism inherent in marriage, and will erode the processes of queer culture.


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I truly appreciate that this research is being conducted and disseminated. The Alternatives to Marriage Project is the only organization promoting alternatives to the focus on marriage in public policy and advocating equitable treatment of all caring relationships. Information like this helps us build our case.

Posted by: Nicky Grist | Dec 9, 2009 11:01:49 AM

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