Against Marriage
Against Marriage: An Egalitarian Defence of the Marriage-Free State is a critique of the state recognition of marriage and a proposal for an alternative form of regulation. Part One, ‘Against Marriage’, sets out the critique. State-recognized marriage is unjust as it violates two fundamental values: equality and freedom. Marriage has historically been an instrument for maintaining inequality between men and women both practically, through laws, and symbolically, through norms. Marriage also violates equality between same-sex and different-sex couples. Reform can remove some of these inequalities, but marriage inevitably involves inequality between married and unmarried people. Moreover, state-recognized marriage threatens liberty since it involves the state endorsing a particular way of life. Various arguments have been offered in favour of this state promotion, but none of them adequately support the state recognition of marriage as opposed to other, more inclusive measures. Part Two, ‘The Marriage-Free State’, sets out the alternative. Most feminist and egalitarian critics of state-recognized marriage advocate replacing it with either relationship contracts or alternative statuses such as civil or care-based unions. Neither option is ideal, particularly since both contracts and alternative statuses leave vulnerable people unprotected. Instead, the book proposes a piecemeal, practice-based model of regulation, applying to all people who are engaging in relationship practices that should justly be regulated. In this model, equality is secured by the regulations themselves and liberty is secured by opting out. Finally, the book considers how the state should act to ensure equality in private marriages, be they religious or secular.