A Peace Proposal for the Same-Sex Marriage Wars: Restoring the Household to its Proper Place

99 Pages Posted: 5 Nov 2011  

Marie A. Failinger

Mitchell Hamline School of Law

Date Written: January 1, 2004

Abstract

This article suggests that while both the gay marriage and covenant marriage movements have made positive attempts to try to respond to the difficulties facing American families, their focus on a "choice" model of family formation exacerbates, rather than alleviating, these problems. The thesis of the article is that American society would be better served by returning to the household as the key defining legal concept, and shows how plurality of family forms have flourished as households over the centuries.

Keywords: Family, gay marriage, covenant marriage, same-sex marriage, nuclear family

JEL Classification: J12

Suggested Citation

Failinger, Marie A., A Peace Proposal for the Same-Sex Marriage Wars: Restoring the Household to its Proper Place (January 1, 2004). William & Mary Journal of Women and the Law, Vol. 10, p. 195, 2004. Available at SSRN: https://ssrn.com/abstract=1929567

Marie A. Failinger (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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