Suchergebnisse

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

The historical background for the struggle over same-sex marriage includes marriage in the Western world being a privileged status imbued with a spirit of reverence - being a sacrament in Catholicism and a covenant with God in much of Protestantism. The struggle over same-sex marriage also involves long-standing social forms being challenged by the principles of freedom and equality - a point illustrated in the picture on the cover of Pinello's book showing a same-sex marriage rally demanding free and equal access to marriage.