Feminism: Marriage and Civil Unions

: If liberal theory is to move forward, it must take the political nature of family relations seriously. The beginnings of such a liberalism appear in Mary Wollstonecraft's work. Wollstonecraft's depiction of the family as a fundamentally political institution extends liberal values into the private sphere by promoting the ideal of marriage as friendship. However, while her model of marriage diminishes arbitrary power in family relations, she seems unable to incorporate enduring sexual relations between married partners.

: The underdetermination argument establishes that scientists may use political values to guide inquiry, without providing criteria for distinguishing legitimate from illegitimate guidance. This paper supplies such criteria. Analysis of the confused arguments against value-laden science reveals the fundamental criterion of illegitimate guidance: when value judgments operate to drive inquiry to a predetermined conclusion. A case study of feminist research on divorce reveals numerous legitimate ways that values can guide science without violating this standard.

Age at marriage is one of the factors that influence the fertility behaviour of women, particularly in a society like Nepal where contraceptive use is low. Socioeconomic and cultural factors, particularly religion and ethnicity, are important variables in determining age at marriage in Nepal. Fertility was negatively related with age at marriage. Marriage duration had a greater influence on fertility than age at marriage, although these were strongly correlated.

Are hierarchies necessary in human relationships? This issue is a central one for feminist theory, and there is a continuing need to rethink relationships and to envision what they might be like without any sort of dominance of some over others. To aid this process of envisioning alternatives, this paper examines more closely the way one of the most intimate of hierarchies - marriage - has been argued and envisioned historically.

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 may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.

This paper may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.

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.

Increasing numbers of young mothers in the work force, more and more children requiring extrafamilial care, high rates of divorce, lower rates of remarriage, increasing numbers of female-headed households, growing numbers of zero-parent families, and significant occurrences of child maltreatment are just some of the social indicators indicative of the family in a changing world. These trends and their consequences for children are described and then examined from the perspectives of microeconomic theory, the relative-income hypothesis, sex-ratio theory, and one form (...) of modernization theory. The paper concludes with a preliminary examination of the added explanatory power provided by evolutionary theory. (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.

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)

: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

This essay argues that current advocacy of lesbian and gay rights to legal marriage and parenthood insufficiently criticizes both marriage and motherhood as they are currently practiced and structured by Northern legal institutions. Instead we would do better not to let the State define our intimate unions and parenting would be improved if the power presently concentrated in the hands of one or two guardians were diluted and distributed through an appropriately concerned community.

This contribution to feminist studies provides a new decoding of the imagery in the Hours of Jeanne d'Evreux. I propose layered readings, registering a modern woman's critical perceptions, informed by knowledge of the historical context, to reconstruct the impression these images might have made on the original female owner.

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)

Philosophers of earlier ages have usually spent time in considering thenature of marital, and in general familial, duty. Paley devotes an entire book to those ‘relative duties which result from the constitution of the sexes’,1 a book notable on the one hand for its humanity and on the other for Paley‘s strange refusal to acknowledge that the evils for which he condemns any breach of pure monogamy are in large part the result of the fact that such breaches are generally (...) condemned. In a society where an unmarried mother is ruined no decent male should put a woman in such danger: but why precisely should social feeling be so severe? Marriage, the monogamist would say, must be defended at all costs, for it is a centrally important institution of our society. Political community was, in the past, understood as emerging from or imposed upon families, or similar associations. The struggle to establish the state was a struggle against families, clans and clubs; the state, once established, rested upon the social institutions to which it gave legal backing. (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)

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)