Abstract

http://ssrn.com/abstract=2340794
 


 



Marital Status and Privilege


Laura Rosenbury


Washington University in Saint Louis - School of Law

October 15, 2013

Journal of Gender, Race and Justice, Vol. 16, No. 769, 2013
Washington University in St. Louis Legal Studies Research Paper No. 13-09-02

Abstract:     
This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks to disrupt the marital ideal itself. This challenge to the marital ideal strives to acknowledge more diverse forms of personal relationships at home and work, but it also has the potential to do more. Indeed, given marriage’s role in the construction and performance of race, a challenge to the marital ideal also has the potential to disrupt limited understandings of race in employment discrimination law.

Number of Pages in PDF File: 24

Keywords: marriage, race, multiracial families, employment discrimination

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Date posted: October 17, 2013  

Suggested Citation

Rosenbury, Laura, Marital Status and Privilege (October 15, 2013). Journal of Gender, Race and Justice, Vol. 16, No. 769, 2013; Washington University in St. Louis Legal Studies Research Paper No. 13-09-02. Available at SSRN: http://ssrn.com/abstract=2340794

Contact Information

Laura Rosenbury (Contact Author)
Washington University in Saint Louis - School of Law ( email )
Campus Box 1120
St. Louis, MO 63130
United States
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