Abstract

http://ssrn.com/abstract=2053218
 
 

Footnotes (337)



 


 



Changing the Marriage Equation


Deborah A. Widiss


Indiana University Maurer School of Law

2012

Washington University Law Review, Vol. 89, No. 4, p. 721, 2012
Indiana Legal Studies Research Paper No. 204

Abstract:     
This Article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework — what I call the “marriage equation” — that shows how sex-based classifications, (non-sex-specific) substantive marriage law, and gender norms interrelate to shape these choices. The marriage equation has changed over time, both reflecting and engendering societal preferences regarding the optimal allocation of breadwinning and caretaking responsibilities.

Until fifty years ago, sex-based classifications in family and employment law aligned with gender norms to enforce an ideology of separate spheres for men and women. The groundbreaking sex discrimination cases of the 1970s ended legal distinctions between the duties of husbands and wives but left largely in place both gender norms and substantive rights within marriage, tax, and benefits law that encourage specialization into breadwinning and caregiving roles. Thus, contrary to popular conception, the modern marriage equation does not actually promote equal sharing of these responsibilities. Rather, it still encourages specialization, although the law is now formally agnostic about which spouse plays which role. The vast majority of different-sex couples still follow to some extent traditional gender roles; a body of emerging social science research suggests that same-sex couples typically allocate these responsibilities more equally than different-sex couples. But claims that same-sex couples may therefore serve as a model for different-sex couples improperly ignore that the data sets in these studies predate legal marriage for same-sex couples. By permitting disaggregation of the marriage equation to gauge more accurately the relative significance of sex, gender norms, and substantive marriage law, the new reality of same-sex marriage can serve as a natural experiment that should inform both study design and policy reform.

Number of Pages in PDF File: 75

Keywords: marriage, divorce, same-sex marriage, gender, household labor, work/family, alimony

Accepted Paper Series


Download This Paper

Date posted: May 8, 2012 ; Last revised: July 11, 2013

Suggested Citation

Widiss, Deborah A., Changing the Marriage Equation (2012). Washington University Law Review, Vol. 89, No. 4, p. 721, 2012; Indiana Legal Studies Research Paper No. 204. Available at SSRN: http://ssrn.com/abstract=2053218

Contact Information

Deborah A. Widiss (Contact Author)
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
Feedback to SSRN


Paper statistics
Abstract Views: 356
Downloads: 63
Download Rank: 199,889
Footnotes:  337

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.468 seconds