Feminism: Marriage and Civil Unions

Desde un enfoque multidisciplinar y plural, "Feminismo e identidades de género en Japón" reúne una colección de ensayos que permiten conocer los debates intelectuales del feminismo japonés contemporáneo, así como las vigentes discusiones sobre las identidades de género y las orientaciones sexuales en aquel país. Los temas tratados desvelan, por un lado, la riqueza de la historia y del presente del feminismo en Japón, tanto en la voz de pensadoras y activistas pioneras, como a través del giro colectivo y radical (...) que a mitad del siglo pasado percutió críticamente los roles de género en una sociedad atravesada, como tantas otras, por el patriarcado. Asimismo, en el istmo que conecta, pero también desplaza, la situación del siglo XX y el momento actual, el volumen pone el foco en asuntos controversiales como la lucha por la igualdad de trato y derechos en el colectivo homosexual, las tensiones legales y médicas en torno a las identidades de género, y la negociación y renegociación constantes de las subjetividades femeninas en la literatura y las producciones audiovisuales. Editado por Montserrat Crespín Perales (UB), el libro dibuja un tapiz con múltiples hilos que se ofrecen para pensar con y a través de las reflexiones y las tensiones que el feminismo y los estudios de género en Japón subrayan en una contemporaneidad volátil y desencajada, esperando enriquecer con ello las discusiones globales actuales. (shrink)

Sex, Love, and Gender is the first volume to present a comprehensive philosophical theory that brings together all of Kant's practical philosophy — found across his works on ethics, justice, anthropology, history, and religion — and provide a critique of emotionally healthy and morally permissible sexual, loving, gendered being. By rethinking Kant's work on human nature and making space for sex, love, and gender within his moral accounts of freedom, the book shows how, despite his austere and even anti-sex, cisist, (...) sexist, and heterosexist reputation, Kant's writings on happiness and virtue (Part I) and right (Part II) in fact yield fertile philosophical ground on which we can explore specific contemporary issues such as abortion, sexual orientation, sexual or gendered identity, marriage, trade in sexual services, and sex- or gender-based oppression. Indeed, Kant's philosophy provides us with resources to appreciate and value the diversity of human ways of loving and the existential importance of our embodied, social selves. Structured on a thematic basis, with introductions to assist those new to Kant's philosophy, this book will be a valuable resource for anyone who cares about these issues and wants to make sense of them. (shrink)

This article investigates the views of Song Siyeol 宋時烈 (1607–1689), a Confucian scholar-official in Joseon Korea, on marriage ritual, with a special focus on the issue of women’s remarriage. Song opposed the legal ban on women’s remarriage that was enforced in his age, despite the danger this invited of being accused of promoting licentious deeds as well as generating suspicion about his loyalty as a subject. He clearly understood women’s remarriage as an ethical and not a legal issue. The ethical (...) principle of his conception of spousal loyalty, or ui 義, however, reveals its gendered aspect through his discussion with a fellow Confucian scholar. Moreover, his private behavior exemplifies the gendered aspects of his view on spousal fidelity. In addition, the unequal application of ui was supported by beliefs about the asymmetrical relation between Heaven and Earth, that were widely held and deployed by Confucians of Joseon Korea. (shrink)

Against Marriage: An Egalitarian Defence of the Marriage-Free State, by ChambersClare. Oxford: Oxford University Press, 2017. Pp. xi + 226.

Volume 97, Issue 2, June 2019, Page 418-418.

What defines family law? Is it an area of law with clean boundaries and unified distinguishing characteristics, or an untidy grouping of disparate rules and doctrines? What values or principles should guide it – and how could it be improved? Indeed, even the scope of family law is contested. Whilst some law schools and textbooks separate family law from children’s law, this is invariably effected without asking what might be gained or lost from treating them together or separately. Should family (...) law and children’s law be distinguished or treated together? One would expect disagreement on these questions in any context. In bringing together theorists from multiple jurisdictions and at least two primary disciplines, we should not be surprised to find deep differences in approach reflecting different methodologies and foundational questions. The tension between them, we hope, can illuminate and enrich discussion on all sides. (shrink)

This article defends the thesis that, in light of the postulates of liberal ethics, it is not possible to put forward universal arguments in support of any form of marriage. The existing forms of marriage should be either deemed unjust or founded on specific arguments recognized within a particular political community and determining the understanding of justice in a particular society. It defends the thesis that the requirement of universality, and consequently of impartiality, is not met, since behind every form (...) of marriage there is a certain “minimum” anthropological approach. Marriage is discussed as a privilege granted to particular groups by the political community. The comments are made with reference to the discussion between Krzysztof Saja and Tomasz Sieczkowski concerning the problem of discrimination against same-sex couples in Polish legislation. (shrink)

Recently, the US has joined many European jurisdictions in extending civil marriage to same sex as well as different sex dyads. Many liberals regard this as a development worth entrenching. But a prominent recent liberal challenge to civil marriage claims otherwise. According to this challenge, by defining and conferring civil marriage, the state privileges some relationships over others that serve equally well the important liberal goal of fostering effective liberal citizenship, in violation of a prominent interpretation of the doctrine of (...) state neutrality. Theorists who press this challenge, such as Elizabeth Brake and Tamara Metz, argue that it can be met effectively only by dismantling civil marriage and replacing it with more inclusive state-maintained arrangements. So far, prominent responses to this neutralist challenge to civil marriage have focused on the special value of either the relationships to which civil marriage currently extends, or the special value of civil marriage itself. In this article, I develop an alternative reply to this neutralist challenge to civil marriage, one focusing instead on the special vulnerabilities of some of the liberally valuable relationships to which civil marriage currently extends, amorous caregiving dyads. (shrink)

The significant co-occurrence between men’s violence against female partners and child abuse and neglect is well documented. It is less clear how child safety should be managed in family violence research with their mothers. This issue is salient to isafe, a New Zealand–based Internet intervention study testing improvement in safety decisions and mental health outcomes for women experiencing intimate partner violence. This article discusses the legislative, professional, and ethical considerations that contribute to the development of the child safety protocols and (...) discusses the development of the isafe protocol. Hypothetical scenarios of the application of the isafe protocol are used to illuminate the issues and provide a basis for future discussion. (shrink)

In this collection, liberal and feminist philosophers debate whether marriage reform ought to stop with same-sex marriage. Some authors argue for abolishing marriage or for new legal forms such as polygamy or temporary marriage. Others argue that the liberal values justifying same-sex marriage do not entail further reform.

Shulamith Firestone's Dialectic of Sex: The Case for Feminist Revolution was, upon its original publication, both radicacmen would be freed from the burden of childbirth, in which the nuclear family, gender roles, typical constructions of marriage and parenting are all a thing of the past, still for many seems radical, even forty-five years after its debut in 1970. With Firestone's recent passing, it is a particularly suitable time to reconsider her work in light of the medical, technological, and social changes (...) of the past few decades. Specifically, I wish to argue that the kind of future society that Firestone envisioned, which would be possible only through the use of certain medical technologies, has begun to be actualized within many trans-affirming communities. The greater the recognition of trans identities, trans lives, and trans relationships, the more we will approach the realization of the post-revolutionary society that she describes. In this essay, I consider Firestone's ideas on the issues of biological sex, gender, relationships, and parenthood, after which I will identify how present trans-affirming practices serve to support these Firestonian ideals. (shrink)

Ought parents, in general, to value being biologically tied to their children? Is it important, in particular, that both parents be biologically tied to their children? I will address these fundamental questions by looking at a fairly new practice within IVF treatments, so-called IVF-with-ROPA ( Reception of Oocytes from Partner ), which allows lesbian couples to „share motherhood‟ with one partner providing the eggs while the other becomes pregnant. I believe that IVF-with-ROPA is, just like other IVF treatments, morally permissible; (...) but here I argue that the increased biological ties which IVF-with-ROPA allows for do not have any particular value beside the satisfaction of a legitimate wish, because there is no intrinsic value in a biological tie between parents and children; further, I argue that equality within parental projects cannot be achieved by redistributing biological ties. (shrink)

The central thesis of Susan Okin's Justice, Gender, and the Family—that the ideology of the traditional family is the linchpin of contemporary gender inequality in the US—remains significant more than a quarter-century after the book's publication. On a political register, Okin's insistence on structural analysis of gender inequality is an important corrective to recent mainstream feminist emphasis on individual women's choices. On an academic register, her work reveals the incoherence of scholarly classifications of feminist theories as “liberal feminist” or “radical (...) feminist” by confounding such distinctions. I argue that her thesis is best understood in relation to the early radical feminism of Juliet Mitchell's Woman's Estate, a book Okin praised. Placing Okin's work in the context of its radical roots clarifies her “linchpin thesis,” but also reveals the limitations of her argument: in her emphasis on what Iris Young has termed the “distributive paradigm of justice,” Okin unnecessarily adopts a much narrower definition of the family than did Mitchell, and overestimates the influence of economic vulnerability after divorce on women's capacity to exit marriage. I suggest modifications to her theory, and conclude by showing the continuing relevance of her argument for analyzing recent legal, policy, and demographic shifts. (shrink)

In this paper, I attempt to bring together two topics that are rarely put into conversation in the philosophical bioethics literature: lesbian, gay, bisexual, and queer family equality on one hand, and, on the other, the morality of such alternative reproductive practices as artificial insemination by donor, egg donation, and surrogacy.2 In contrast to most of the philosophical bioethics literature on ARP, which has little to say about queer families, I will suggest that the ethics of ARP and the respect (...) for and protection of queer families are, in fact, intimately related topics.The connection can be clearly seen by considering the shape of the LGBQ rights.. (shrink)

This book provides a philosophical examination of the extent to which legalizing same-sex marriage can contribute to ending the discrimination and social stigma faced by LGBT men and women in the Western world.

This article analyses some familiar arguments both for, and against, same-sex civil marriage. I argue that it is not enough to defend gay marriage by a simple appeal to equality, unless one addresses the view that same-sex marriage would be contrary to the objective nature and purpose of marriage. I illustrate the ways in which a stand-off is reached in discussions of this particular matter. I also suggest that there is a mystery about what the from a faithful relationship to (...) marriage amounts to, but that part of the answer is that marriage embodies a state-recognized social transition. This is underpinned by the interest that society has in marriage, largely owing to its facilitating a stable environment for children. However, I suggest that marriage also properly functions as a way to uphold commitment and love, and conclude that that there is no good reason not to uphold those things in same-sex relationships. But I concede that religious organisations with theological objections to same-sex marriage should not be obliged to conduct gay weddings. (shrink)

This paper sets out the case for abolishing state-recognized marriage and replacing it with piecemeal regulation of personal relationships. It starts by analysing feminist objections to traditional marriage, and argues that the various feminist critiques can best be reconciled and answered by the abolition of state-recognized marriage. The paper then considers the ideal form of state regulation of personal relationships. Contra other recent proposals, equality and liberty are not best served by the creation of a new holistic status, such as (...) civil union, nor by leaving regulation to private contracts. Instead, the state should develop piecemeal regulations that apply universally. (shrink)

On November 4, 2008 California voters passed Proposition 8, and accordingly same-sex marriage was banned under the state constitution. Proposition 8 is now being considered by the Supreme Court. The proposition has sparked national debate about the nature of the relationship between the state and citizens’ sexuality and corresponding rights; calling into question the practice of allocating rights and privileges on the basis of sexuality and family form. Proponents of the proposition, who can be classified as predominantly socially conservative, want (...) to maintain the status and privileges of marriage for heterosexuals; arguing that allowing same-sex marriage threatens the legitimacy, sanctity and strength of traditional heterosexual marriage . This article examines the extent to which three Californian pro-same-sex marriage organizations (Equality California, Join the Impact, and the Courage Campaign) have challenged and/or appropriated social conservative and neoliberal discourses in their effort to gain access to the rights and privileges that are currently administered through marriage. (shrink)

One current line of argument against the legalization of same-sex marriage, advocated primarily by the New Natural Lawyers, is that marriage is a pre-political institution that has, as an essential element, a bodily union requirement. They argue that same-sex couples cannot realize bodily union in their sexual activities and thus cannot meet the structural requirements of marriage. Accordingly, they argue that the same-sex marriage debate must be framed as a debate about what marriage is, and not, as it was in (...) the anti-miscegenation precedents, about who can get married. I argue that their position, which promulgates a set of pernicious stereotypes about same-sex couples, is, first of all, internally inconsistent. According to their own metaphysical principles about bodily union, they provide no rational basis for the claim that same-sex couples cannot realize bodily union and thus that same-sex couples cannot be married. Second, I argue for a deflationary account of the significance of bodily union. While same-sex couples, like heterosexual couples, can realize bodily union, this sort of union has no moral significance and thus cannot be the factor that distinguishes marriages from other sorts of relationships. Finally, I suggest that they have no basis for their claims about the inferiority of same-sex relationships. (shrink)

This article points out: “The combination of men and women in families is irrational.” Men and women are two different “species.” They only require sexual activities from each other, which are considered the less time-consuming activities during their lives. Sex must be treated as an enemy of marriage, due to its inferior and treacherous nature, and should not be included in marriage. Men and women should not live together in a family, since this institution must be understood as a permanent (...) place for all family members and is expected to have a solid structure. The traditional family model is the result of men‟s enslavement of women and the exaggeration of the role of sex. This model creates an overwhelming advantage for men in selecting partners, proposing marriage, and other family activities. This article indicates: (i) The prominent family models existing between the group-marriage period and now are sex-based family models. (ii) Technical and social conditions nowadays require a new and sustainable base for a family. The selected targets in this study are the consanguineous and sworn relationships among same-sex people in case they choose to be heterosexual, (and in turn, among opposite-sex persons when they engage in homosexuality). For example, a family can consist of two blood brothers (or sworn brothers or cousins) with their children, in case they are heterosexual. This family model is named the non-sex based family (NSBF) model, since the sexual needs will be met outside the family. The article also outlines a post-patriarchal society with the presence of NSBFs, and argues that the new model should be seen as an essential development trend of society. (shrink)

This is a review of Elizabeth Brake's book Minimizing Marriage: Marriage, Morality, and the Law (Oxford University Press, 2012).

Somerville, Margaret Review of: Scholars turn their minds to marriage : The jurisprudence of marriage and other intimate relationships, by Scott FitzGibbon, Lynn D. Wardle, and A. Scott Loveless, Buffalo, NY: William S. Hein and Co., 2010.

In this contribution, I advocate diminishing the vision of marriage as an isolated and perfectly free choice between two individuals in love, in order to unseat the extent to which students resist the view that marriage is, among other things, a social contract. I summarize views of Immanuel Kant and Claudia Card, then describe my class presentation of the social significance of marriage. I conclude that students at an individualistic and self-creating point in their lives can be under-appreciative of what (...) their public avowals mean to others, and marriage, in one sense, is indeed public. (shrink)

Kant has famously argued that monogamous marriage is the only relationship where sexual use can take place "without degrading humanity and breaking the moral laws." Kantian marriage, however, has been the target of fierce criticisms by contemporary things: it has been regarded as flawed and paradoncal, as being deeply at odds with feminism, and, at best, as plainly uninteresting. In this paper, I argue that Kantian marriage can indeed survive these criticisms. Finally, the paper advances the discussion beyond marriage. Drawing (...) on Kant 's conception of friendship, I suggest that he might have overlooked the possibility of sex being morally permissible in yet another context. (shrink)

This paper addresses the progressive, feminist critique of same-sex marriage as articulated by Claudia Card. Although agreeing with Card that the institution of marriage as we know it is profoundly morally flawed in its origins and effects, Callahan disagrees with Card's suggestion that queer activists in the United States should not be working for the inclusion of same-sex couples in the institution.

This study utilises philosophical deliberation to analyse the psycho-social and emotional conflicts that arise out of widowhood practices in the Luo community ofKenya. Towards this end, it explores the attendant effects of Luo widowhood practices on family, power and gender relations, and suggests resolutions to thechallenges they generate.

Children may be viewed as public goods whereby both parents receive equal genetic benefits yet one parent often invests more heavily than the other. We introduce a microeconomic framework for understanding household investment decisions to address questions concerning conflicts of interest over types and amount of work effort among married men and women. Although gains and costs of marriage may not be spread equally among marriage partners, marriage is still a favorable, efficient outcome under a wide range of conditions. This (...) bioeconomic framework subsumes both cooperative and conflictive views on the sexual division of labor. We test hypotheses concerning marriage markets, assortative mating, and men’s labor motivations among Tsimane forager-horticulturalists of Bolivia and find that: (1) men and women both value work effort in marital partners, (2) marital labor contributions are complementary, (3) work effort is correlated between spouses, (4) total production is correlated with total reproduction, and (5) better hunters have higher fitness gains within marital unions. (shrink)

The paper explores the possible contribution of Familiaris consortio to a contemporary theology of marriage. It argues that the exhortation and its author, Pope John Paul II, may be credited for two major innovations in the magisterial teaching: first, in taking its starting point from the human person and her capacity to love, the document has definitely overcome the earlier view, clearly articulated e.g. in Pius XI’s encyclical Casti connubii, which looked at marriage primarily in terms of a natural institution (...) and only in a second instance at its interpersonal value; second, it has attributed to marriage and the family a position in the mystery of salvation and consequently in the mission of the Church, which is unprecedented in previous teaching. However, by equating 'God’s plan for marriage' with the 'nuptial mystery of salvation' and by imposing onto human marital love the model of Christ’s total self-giving, the papal exhortation ultimately forfeits what it seemed to have gained in terms of a renewed theology of marriage: it ultimately fails to recognize that God’s salvific plan does not float above history but takes shape in the concrete lives of couples and families and that their lived experiences should therefore be given a place in theology and in the mission of the Church. (shrink)