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

by Nancy D. Polikoff

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The debate over marriage equality for same-sex couples rages across the country. Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security show more survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing. Polikoff reframes the debate by arguing that all family relationships and households need the economic stability and emotional peace of mind that now extend only to married couples. Unmarried couples of any sexual orientation, single-parent households, extended family units, and myriad other familial configurations need recognition and protection to meet the concerns they all share: building and sustaining economic and emotional interdependence, and nurturing the next generation. Couples should have the choice to marry based on the spiritual, cultural, or religious meaning of marriage in their lives, asserts Polikoff. While marriage equality for same-sex couples is a civil rights victory, she contends that no one should have to marry in order to reap specific and unique legal results. A persuasive argument that married couples should not receive special rights denied to other families, Polikoff shows how the law can value all families, and why it must. show less

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3 reviews
In general, a well-thought-out, thorough book. It begins a nice discussion of current family/relationship law (particularly in the United States), and finishes with proposed methods to fix such laws by valuing all families, instead of the currently dominant marriage/marriage-like approach.

However, the book could have been more radical in the types of families addressed. The book rarely discusses families with more than two adults (even the non-conjugal families it mentions are often pairs children. or single individuals caring for dependents). While such singles/pairs are undoubtedly the vast majority, the book could have done a much better job addressing other families, or even simply highlighting how they're affected by show more existing/proposed laws. I was left feeling slightly let down that the book didn't go further. show less
This was a good book, and I'd recommend it to anyone involved in LGBT rights in the United States.

A few short anecdotes in early chapters seems strangely ignorant of trans issues. (They tended to misgender the person and say they had a "sex change".) Which was weird, because trans issues around marriage law were discussed explicitly in later chapters.
This book is interesting but ridiculously dated.

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Beacon Press
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Nancy D. Polikoff is professor of law at American University Washington College of Law

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Genres
Politics and Government, Nonfiction, LGBTQ+, Sexuality and Gender Studies, Sociology, General Nonfiction
DDC/MDS
346.7301Society, government, & cultureLawPrivate LawNorth AmericaUnited StatesTopics of private law
LCC
KF538 .P65LawLaw of the United StatesLaw of the United States (Federal)PersonsDomestic relations. Family law
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125
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260,823
Reviews
3
Rating
(3.86)
Languages
English
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Paper, Ebook
ISBNs
3
ASINs
2