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The Principles and Canada's 'Beyond Conjugality' Report: The Move Toward Abolition of State Marriage Laws

Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution, Cambridge University Press, September 2012

21 Pages Posted: 2 Dec 2012  

Jane Adolphe

Ave Maria School of Law

Date Written: September 1, 2012

Abstract

This Chapter evaluates two law reform initiatives in North America: the PRINCIPLES and the 2001 Canadian Law Commission's report entitled "Beyond Conjugality: Recognizing and Supporting Close Personal Relationships" ("Beyond Conjugality"). The PRINCIPLES move "away from the idea that there can be public standards guiding marriage and par­enthood. Instead it says that the central purpose of family law should be to protect and promote family diversity." In particular, the PRINCIPLES introduce rules pertaining to pre-marital agreements and domestic partnerships that undermine the very essence of marriage and present it as one of many equally valid family forms.

Suggested Citation

Adolphe, Jane, The Principles and Canada's 'Beyond Conjugality' Report: The Move Toward Abolition of State Marriage Laws (September 1, 2012). Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution, Cambridge University Press, September 2012. Available at SSRN: https://ssrn.com/abstract=2181539

Jane Adolphe (Contact Author)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States

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