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In this work, Cynthia Grant Bowman explores legal recognition of opposite-sex cohabiting couples in the United States. The author argues that the many benefits attendant upon formal marriage should be extended to cohabitants who have lived together for more than two years or give birth to a child.
Today, a third of American children are born outside of marriage, up from one child in twenty in the 1950s, and rates are even higher among low-income Americans. Many herald this trend as one of the most troubling of our time. But the decline in marriage does not necessarily signal the demise of the two parent family—over 80 percent of unmarried couples are still romantically involved when their child is born and nearly half are living together. Most claim they plan to marry eventually. Yet half have broken up by their child's third birthday. What keeps some couples together and what tears others apart? After a breakup, how do fathers so often disappear from their children's lives? An intimate portrait of the challenges of partnering and parenting in these families, Unmarried Couples with Children presents a variety of unique findings. Most of the pregnancies were not explicitly planned, but some couples feel having a child is the natural course of a serious relationship. Many of the parents are living with their child plus the mother's child from a previous relationship. When the father also has children from a previous relationship, his visits to see them at their mother's house often cause his current partner to be jealous. Breakups are more often driven by sexual infidelity or conflict than economic problems. After couples break up, many fathers complain they are shut out, especially when the mother has a new partner. For their part, mothers claim to limit dads' access to their children because of their involvement with crime, drugs, or other dangers. For couples living together with their child several years after the birth, marriage remains an aspiration, but something couples are resolutely unwilling to enter without the financial stability they see as a sine qua non of marriage. They also hold marriage to a high relational standard, and not enough emotional attention from their partners is women's number one complaint. Unmarried Couples with Children is a landmark study of the family lives of nearly fifty American children born outside of a marital union at the dawn of the twenty-first century. Based on personal narratives gathered from both mothers and fathers over the first four years of their children's lives, and told partly in the couples' own words, the story begins before the child is conceived, takes the reader through the tumultuous months of pregnancy to the moment of birth, and on through the child's fourth birthday. It captures in rich detail the complex relationship dynamics and powerful social forces that derail the plans of so many unmarried parents. The volume injects some much-needed reality into the national discussion about family values, and reveals that the issues are more complex than our political discourse suggests.
Part of the Queer Ideas series, edited by Michael Bronski QUEER IDEAS-a new series of LGBT hardcovers that address important intellectual questions facing the movement. 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 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. "A much-needed intervention in the contemporary debate about marriage and family. Polikoff's argument is provocative, illuminating, and original." -John D'Emilio, author of Lost Prophet: The Life and Times of Bayard Rustin "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. She argues vigorously that our society needs to find new ways of determining when legally-enforceable responsibilities and entitlements have accrued in interpersonal relationships." -Stephanie Coontz, author, Marriage, A History: How Love Conquered Marriage "This book really matters. It is brilliant and thoughtful, not simply about a set of laws, but as a manifesto to transform the way we understand, recognize and respect the reality of our diverse and complex family compositions. Polikoff grounds her arguments in the 35 year history of social change activism in this country to construct a passionate and nuanced argument for expanding our same sex marriage activism to include all of the ways people love, form families and build community." -Amber Hollibaugh, Senior Strategist, National Gay and Lesbian Task Force, and author of My Dangerous Desires: A Queer Girl Dreaming her Way Home "Passionate but completely grounded in reality, Polikoff challenges LGBT rights advocates to see beyond gay equality arguments and question the fundamental fairness of limiting family recognition based on marriage, gay or straight. It is a powerful call for social justice." -Nan D. Hunter, founder of the American Civil Liberties Union Lesbian Gay Bisexual Transgender Project and Professor of Law, Brooklyn Law School "A provocative and perspicuous intervention in one of the most devilish recent debates in U.S. law and politicshellip;In a principled yet pragmatic analysis, Polikoff mounts a compelling case against the continued grip of 'conjugalism'on our family law and policy. Beyond (Straight and Gay) Marriage challenges us
Marriage is a site of political conflict. It is a controversial issue in the UK, Australia and the US where there is a clash of values between neoliberal governments and diverse groups either strongly opposing or supporting marriage. In the meantime, fewer couples are marrying, while other family forms are more widely accepted. This book explores this disconnect by examining policy issues such as class divides, ethnicity, religion, same-sex marriage, gender relations and romantic expectations. A top down approach explores different government policy responses to marriage. In all three countries, there are differences and similarities in how governments react to the changes in family formations, but values or ‘conceptions of the desirable’ play a significant role. Enhancing stability and commitment as well as personal responsibility are important for policymakers who aim to keep ‘the family’ intact and thereby lower the burden on the public purse. It is difficult for political actors to respond to conflicting and changing values surrounding the diversity in relationships or to translate them into policies. There is a strong case to be made for increased policy attention to adult relationships - and a much weaker case for marriage. Rich evidence is drawn from interviews with key stakeholders as well as politicians’ speeches, government departmental reports, stakeholders’ documents and responses to government policies, and media articles.
Argues for legal reforms to protect couples who live apart but perform many of the functions of a family Living Apart Together is an in-depth look at a new way of being a couple and “doing family”—living apart together (LAT)—in which committed couples maintain separate residences and finances. In Bowman’s own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States. Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the US, Cynthia Bowman examines the prevalence of this lifestyle, the demographics of people who live apart, their reasons for doing so, and how these individuals manage finances, care during illness, and many other aspects of family life. She focuses in particular detail on three key demographics—women, gay men, and the elderly—and how individuals from these groups engage in LAT behavior. She finds that while these living arrangements are more common than previously believed, there are virtually no legal protections for the people involved. Bowman concludes by proposing a number of legal reforms to support the caregiving functions LAT partners perform for each other. Living Apart Together makes an important case for formal recognition of this growing but largely overlooked family structure.
A social psychologist examines the widespread cultural bias against unmarried adults, debunks commonly held myths about singlehood, and challenges the financial, social, economic, and other discrimination that single adults confront.
In Unmarried Couples, Law, and Public Policy, Cynthia Grant Bowman explores legal recognition of opposite-sex cohabiting couples in the United States. Unmarried cohabitation has increased at a phenomenal rate in the U.S. over the last few decades, but the law has not responded to the legal issues raised by this new family form. Although a majority of cohabiting unions dissolve within the first two years, many are longer in term and function like other families; a large number of children also reside in these households. If one partner dies, is injured, or leaves the family, the remaining family members are left in an extremely vulnerable position in almost every state without any type of survivors' benefits, compensation for loss of a wage-earning partner, or remedies similar to those available upon dissolution of a marriage. The author argues that the many benefits attendant upon formal marriage should be extended to cohabitants who have lived together for more than two years or give birth to a child. In order to avoid these consequences, a couple would need to opt out of them by contract. Professor Bowman reaches this conclusion after a thorough review of the history of the legal treatment of cohabitation in the United States, the inadequacy of the legal remedies available to cohabitants in most states, the now-voluminous social science literature about cohabitation, and the experience of six other countries (England, Canada, Australia, France, The Netherlands, and Sweden) that have attempted a variety of legal reforms to address the problems of cohabitants.
The articles in Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explore the significance of inheritance law through the use of topical and in-depth studies that bring life to historical and contemporary Nordic inheritance law practices.
What is a family? What makes someone a parent? What rights should children have? In this Very Short Introduction Jonathan Herring provides an insight not only into what the law is, but why it is the way it is. It also looks at the future to consider what families will look like in the years ahead, and what new dilemmas the courts may face.
The late twentieth century has seen a fantastic expansion of personal, sexual, and domestic liberties in the United States. In Not Just Roommates, Elizabeth H. Pleck explores the rise of cohabitation, and the changing social norms that have allowed cohabitation to become the chosen lifestyle of more than fifteen million Americans. Despite this growing social acceptance, Pleck contends that when it comes to the law, cohabitors have been, and continue to be, treated as second-class citizens, subjected to discriminatory laws, limited privacy, a lack of political representation, and little hope for change. Because cohabitation is not a sexual identity, Pleck argues, cohabitors face the legal discrimination of a population with no group identity, no civil rights movement, no legal defense organizations, and, often, no consciousness of being discriminated against. Through in-depth research in written sources and interviews, Pleck shines a light on the emergence of cohabitation in American culture, its complex history, and its unpleasant realities in the present day.