Law Family Law

In Defense of Plural Marriage

By Ronald C. Den Otter
Cambridge University Press May 2015

Specifications

ISBN-13
9781107087712
Publisher
Cambridge University Press
Publication
May 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals.

The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships.

Table of Contents

Introduction
1. The constitutional possibility of plural marriage
2. Judging the case against plural marriage (part I)
3. Judging the case against plural marriage (part II)
4. The importance of marital choice
5. Marriage equality
6. The disestablishment of marriage
7. Conclusion.
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