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Using multivariate regression analysis, this study compares the relative effects of traditional aggregate rational choice electoral behavior with a more recent perspective focusing on the preservation of group norms and group morality in the context of county economic classification and the presence or absence of same‐sex marriage referenda in the 2004 presidential election in Appalachian counties. Our findings suggest that economic factors, in the aggregate, retain the explanatory value commonly afforded them, but the presence of same‐sex marriage referenda fails to conform with the expectations of the group norm/morality perspective of rational choice behavior. We discuss how this study fits with other analyses of same‐sex marriage referenda in the 2004 election. Our findings suggest that the region can no longer, if it ever was, be considered politically and socially cohesive.

This article explores some limits to freedom imposed by family law & considers the merit of extending marriage rights to homosexual cohabitants -- a topic of heated debate throughout the world. Answering this question requires first examining the relationship between marriage & cohabitation. Marriage is a contract into which most heterosexual couples choose to enter, though the number of those who do not is growing. It is not a choice in most places for homosexual couples. However, there has been a recent trend to increase the obligations of unmarried intimate cohabitants, both hetero- & same-sex couples. In essence this trend has implications for personal autonomy. The contrasting legal positions of cohabitants & spouses are examined. It is concluded that marriage is useful in cohabitation settings where there is asymmetry in life profiles. It allows spouses or partners to feel comfortable with long-term investments of time & effort, especially when there are children involved. This is true for both opposite- & same-sex couples. Therefore it is suggested that a new form of obligated cohabitation, called the "marriage lite," might be an acceptable alternative for those who do not wish to marry but do wish for a certain degree of legal obligation & commitment. References. J. Stanton

In this Essay, I demonstrate that, with the extension of the right to marry to same-sex couples in Iowa, the District of Columbia, and New Hampshire (all states that recognize common law marriage), there now exists the possibility that—for the first time in the United States—a same-sex couple may enter into a legally recognized common law marriage. In the Essay, I first show, as a doctrinal matter, that same-sex couples have the right to enter into common law marriages in these three jurisdictions, and I explain and compare the criteria for entering into common law marriages in each of them. I then address the question whether it makes sense—as a policy matter—to expand the concept of common law marriage to include same-sex couples, including an analysis of whether being a closeted same-sex couple is consistent with being in a common law marriage. I conclude that the lack of consistent access to religious and public officials willing to perform same-sex marriages coupled with the libertarian spirit underlying both same-sex marriage and common law marriage militate in favor of recognizing common law same-sex marriages. I also demonstrate the advantages that common law marriage—with its lack of a paper trail—provides to same-sex couples who need to keep their relationships closeted, such as those in the military or foreign nationals with temporary visas. Finally, on the assumption that the U.S. Supreme Court may eventually hold that same-sex couples have a constitutional right to marry, I examine the criteria for entering into common law marriages in the remaining nine states that recognize common law marriage. With respect to these remaining states—nearly all of which have bans on same-sex marriage enshrined into their state constitutions and that thus will allow same-sex marriage only if ordered to do so by a federal court—I conclude that the policy arguments in favor of recognizing same-sex common law marriage are even more compelling than they are in jurisdictions that currently recognize same-sex common law ...