Beyond (Straight and Gay) Marriage: Valuing All Families under the Law

by Nancy D. Polikoff, Michael Bronski

Overview

Beyond (Straight and Gay) Marriage reframes the family-rights debate by arguing that marriage shouldn't bestow special legal privileges upon couples because people, both heterosexual and LGBT, live in a variety of relationships-including unmarried couples of any sexual orientation, single-parent households, extended biological family units, and myriad other familial configurations. Nancy D. Polikoff shows how the law can value all families, and why it must.

Product Details

ISBN-13:	9780807044339
Publisher:	Beacon Press
Publication date:	01/01/2009
Series:	Queer Ideas/Queer Action , #3
Edition description:	Reprint
Pages:	272
Product dimensions:	5.50(w) x 8.40(h) x 0.80(d)

Table of Contents

A Note from the Series Editor ix

Introduction 1

1 The Changing Meaning of Marriage 11

2 Gay Rights and the Conservative Backlash 34

3 Redefining Family 46

4 The Right and the Marriage Movement 63

5 LGBT Families and the Marriage-Equality Movement 83

6 Countries Where Marriage Matters Less 110

7 Valuing All Families 123

8 Domestic Partner Benefits for All Families 146

9 Coping with Illness: Medical Care and Family and Medical Leave 159

10 When a Relationship Ends through Dissolution or Death: Distributing Assets and Providing for Children 174

11 Losing an Economic Provider: Wrongful Death, Workers' Compensation, and Social Security 193

Conclusion 208

Acknowledgments 215

Notes 217

Index 243

Editorial Reviews

Polikoff wades through legislation and legalese with style and substance, plus a touch of flair. Impeccably researched, the book offers an evocative read that takes in the full breadth of the issues affecting marriages and avoids pedantry while remaining persuasive.—Publishers Weekly

"Polikoff's argument is provocative, illuminating, and original."—John D'Emilio, author of Lost Prophet: The Life and Times of Bayard Rustin

"The book many have been waiting for . . . Polikoff provides answers worth contemplation and implementation." —Ruthann Robson, Professor of Law and University Distinguished Professor, City University of New York School of Law, Women's Review of Books

"Polikoff's book comes just in time . . . Using real case studies, Polikoff makes a strong case that furthering the legal protections for all people, regardless of relationship status, will help the LGBT community more than marriage itself."—Rachel Pepper, Curve Magazine

"A bold, detailed, reasoned (even subversive) tome that makes the case for moving the debate beyond the issue of marriage rights and into the realm of creating laws that protect all of us."—Scott Stiffler, Edge

"This book really matters. It is brilliant and thoughtful-not simply about a set of laws, it is a manifesto to transform the way we understand, recognize, and respect the reality of our diverse and complex family compositions."—Amber Hollibaugh, senior strategist, National Gay and Lesbian Task Force

"Polikoff mobilizes an impressive array of legal history and contemporary court cases to show how marriage, whether same-sex or heterosexual, has ceased to be the only place where people incur long-term obligations."—Stephanie Coontz, author of Marriage, a History: How Love Conquered Marriage

From the Publisher

With her freshman book, law professor Polikoff, who has taught, litigated and written about family law, civil procedure and sexuality for more than 30 years, deftly argues that the law's narrow definitions of "family" and "marriage" no longer work in today's society-not just for the LGBT community but the country at large. With many households following untraditional family models, Polikoff says, we need to look at ways the law can change to value all families beyond those created by marriage, including same and different-sexed, married and unmarried couples. Polikoff draws on legal history and contemporary (often eye-opening) court cases to make her argument. Topics such as inheritance, tax consequences, workers' compensation death benefits, social security, probate, adoption and health care, plus their impact the diversity of today's "family units" are simplified for the reader. Polikoff wades through legislation and legalese with style and substance, plus a touch of flair. Impeccably researched, the book offers an evocative read that takes in the full breadth of the issues affecting marriages and avoids pedantry while remaining persuasive. (Feb.)

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Publishers Weekly