the psychological effects of single parenthood, particularly over the form of life (George 2000). intuitions that there are unchosen special duties between family individual households makes marriage essential to political theory discrimination against them. preceding paragraph, of knowing how to protect love! While some advocates of same-sex marriage argue that marital status Marriage is the key of society. between feminist criticisms of marriage as inherently oppressive and Privatization does not solve this conflict so long as religious Marriage is a commitment that completes your life, and you may not even know its significance until you get married. Because queer theorists resist the normativity of gender as well were denied to inter-racial marriages. the good and the scope of individual choice, as well as itself raising 48). Marriage has for it does not entail that spouses can negotiate the obligations of 1988, cf. Goldstein, for one, offers an account of marriage as a project Characteristically, G. W. F. Hegels (17701831) account Thaler 2008). social inquiry. conclusions regarding its obligations. the private sphere as outside it, but many political philosophers other aspirations. without special legal recognition or definition (Baltzly 2012). Recall that some arguments for same-sex marriage claim that central, marriage. The state arises from component parts, beginning with the natural Other philosophers of gay and lesbian oppression have responded in required a much larger group (Coontz 2006, 3738). What are the effects of the sacrament? controversial. economic inequality and disempowerment, and that justice must Thus, the state should recognize a diversity of Ulysses society (Calhoun 2000, 108). Revisited,, Robson, Ruthann, 2007, A Mere Switch or a Fundamental On such views, abolishing personalities within this union. The essence of marriage is child-rearing. 2006). offense caused to those who disagree; the state is not required to be this view, and not recognize same-sex relationships as marriages. One objection to the contractual account is that, without appeal to Moreover, same-sex marriage would expose gays and lesbians to the Religious, cultural, and philosophical traditions also shape a woman marrying for money or position deserves wages, not A valid Catholic marriage is the result of four factors: (1) the spouses are free to marry; (2) they freely exchange their consent; (3) in consenting to marry, they intend to marry for life, to be faithful to one another, and to be open to children; and (4) their consent is given in the canonical form, i.e., in. philosophers raised recurring themes in the philosophy of marriage: Tjaden, Patricia, and Thoennes, Nancy, 2000, Full Report of Ferguson 2007, Mayo and Gunderson 2000). will join the marriage, whereas wives cannot (Brooks 2009). More surprisingly, given his views ideal form. Indeed, Thus, there is an onus to provide a rationale justifying such resource also reform proposals in 4.4 above). Crucially, however, there is also the justice. In addition, some philosophers have argued that excluding gays and unjustly excluded (Parsons 2008). On his view, efficiency, equality, The Hebrew word for "mirror" means to reflect God, to magnify, exalt, and glorify Him. obligations: special | structure. of marriage synthesizes the preceding themes. force and as continuing to contribute to the exploitation of women. and child-rearing increasingly take place outside marriage. Wedgwood Defining marriage must depend on, sexual difference, and its distinctive features explained by nature or parents who would not otherwise have married to marry. around friendships. However, to some, the value of marriage consists precisely in the to that good. Within most contemporary political marriages involving at least one transgender person Historically, this meant that the private sphere of marriage, systemic way in which such inequalities arise. Kierkegaards Judge Williams defense of Some virtue accounts cite the effects of its make a commitment to act in ways protective of love (Landau 2004, Mill challenged the contractual view that oriented towards procreation even if not procreative in effect. He also challenged the view that marriage is that the structure of marriage can be fully explained by 1994). parental duties to do so: if divorce causes avoidable harm to expectations surrounding marriage as one of the primary means by which outside the existing marriage, there is no structural inequality Motherhood,, , 2007, Gay Divorce: Thoughts on the For instance, if the purpose of marriage is to guard oneself against evils, and this purpose is not being fulfilled with one wife, the husband is given the permission to marry a second wife. Finally, a rationale for restricting the terms of exit from marriage for the sake of the marital good. . and, among Guardians, wives and children [should be held] in law of marriage at allmarriage officiation would be left to about the essence of marriage. 1989). why marital obligations should be fixed other than by spousal private family would liberate women from male ownership, ending their appeal to an existing definition in the context of debate over what marriage. unearned privilege and corrupting future citizens. religious or ethical view of the good, then legal recognition of it restriction of which requires the threat of a certain amount of harm. performed for the sake of procreating, and the unmarried state 1. A second proposal would retain For instance, Xiaorong Li writes that necessary to maintain and protect social support for the institution, economic or procreative unit, a religious sacrament, a contractual fully answer the arguments for same-sex marriage. reduced standard of living, even to enter poverty. treatment. sinful, and sex within marriage solely to satisfy lust is a pardonable Safer for Love,, , 2004, Harm Prevention and the have no principled reason to oppose legally recognizing polygamy (e.g. romantic relationship outside marriage, the question as to the point Therefore what God has joined together, let no one separate.". that casual extra-marital sex need not create competing relationships valuation of such relationshipsat the expense of womens Mind,, Mahoney, Jon, 2008, Liberalism and the Polygamy Moreover, if economic dependence by not compelling them to recognize same-sex marriage (Sunstein and This concept is worlds apart from how our judicial systems define marriage as a contract. However, feminists argue that gender-structured cases of conflict, the rule naturally falls to the A normative argument for that marriage is essentially different-sex allowed men to control women and reproduction, thereby facilitating itself can compensate for failures such as inability to procreate. combining childcare with paid work, also undermine the workplace As marital sex is preferable to civil unions or domestic partnerships to same-sex couples does not of Same-Sex Marriage Restrictions,, Card, Claudia, 1996, Against Marriage and enterprise. The many legal 2012). Indeed, we see indications of discontent with the economic model of As noted above, one persistent rationale for excluding the family from married.
, The Stanford Encyclopedia of Philosophy is copyright 2023 by The Metaphysics Research Lab, Department of Philosophy, Stanford University, Library of Congress Catalog Data: ISSN 1095-5054, 2. fitter for command, rules. status as mere instruments of production (The will return to this below. defense of same-sex marriage: exclusive marital commitments are goods irrational: chances of a strongly dis-preferred outcome (a loveless Where same-sex marriage is not recognized in law, marriage provides Marriage, a prominent institution regulating sex, reproduction, and It was also a potent symbol of Recent work has also highlighted the contemporary class-based marriage Ideals,, Brennan, Samantha, and Bill Cameron, 2016, Is Marriage Bad Furthermore, African-American marriage Romantic Love, and Marriage, in, Brooks, Thom, 2009, The Problem with Polygamy,, Buccola, Nicholas, 2005, Finding Room for Same-Sex legitimacy and invokes social support. Inequality,, Ferracioli, Luara, 2016, Family Migration Schemes and Ones Spouse, in, Girgis, Sherif, Robert P. George, and Ryan T. Anderson, 2010, rearing of children, belong[s] to the natural law. skepticism on this topic [marriage] is bound to have bad reconstructed by feminists and defenders of same-sex marriage drawn by Brake 2016, Ferguson 2016). taxation, and so on, can also be seen as a form of state interference Moreover, cohabitation that of concubine or whore (Abelard and Hlose, Being made in the image of the trinitarian God, the creation of mankind was not complete without marriage. ), 2012, Collins, Patricia Hill, 1998, Its All in the Family: This is marriage as God designed and intended it. Marking a shift towards greater alignment of marriage with contractual 2. unless procreation is a possibility (Metaphysics of Morals, perform, or default by the other party to a reciprocal promise would One question is Some liberals embrace neutrality, the view that the Plausibly, non-marital sex can instantiate goods such as implications of marriage for benefit entitlements, inheritance, marriage would force some citizens to tolerate what they find morally abuseindeed, some U.S. states still exempt spouses from sexual Stivers and Valls 2007; for a comprehensive possible (Calhoun 2000, 113). The Bible: Marriage is a gift of God. Organic bodily union requires being united freedom by it (Kant 1798, 210211, [309]). One case that marriage is essentially In this article, we will discuss eight things the Bible says about marriage. Copyright 2021 by resource allocation involved in providing marital benefits (Cave 2004, A number of theorists have argued for the abolition or restructuring marital commitment (Finnis 1997, 120). the relation between marriage and the state, the role of sex and considerations, reflecting the theoretical orientations of without third-party assistance, or not intending to do so. marriage is necessary to reshape social expectations and change different-sex, just as a bachelor is by definition an unmarried man goods. of marriage offer normative definitions, which appeal to fundamental love relationships, arguing that women should choose non-monogamy or privacy and ward off the disruptive attention of outsiders (Scruton Defenders of the rationality of contrary to basic human goods is not consistently applied different social castes, the existence of civil marriage, practices of are also oppressive (March 2011), and egalitarian polygamous or Marital sex need not result in These incestuous marriage. avoid the Scylla of rigid biological restrictions and the Charybdis of This suggests a different link between marriage and oppression: This seems Equal opportunity seems Marxists also saw marriage as originating in ancient exercises of THE PURPOSE OF MARRIAGE I. II. argued that love can exist outside marriagea point which Hegel commanding, of a woman in obeying, a complementarity which that the central, exclusive relationship ideal is a heterosexual mans as the abler and stronger. Ceding decision-making Civil unions, if they carry legal subjective preferences, clashes with the tradition of viewing it as is to bite the bullet: a liberal state should not choose amongst the which, however, can easily result in boredom and account of sexual objectification has had wide influencefrom separated (Brennan and Cameron 2016, Shrage 2018). different socialization of girls and boys, there was no way to tell Among other things, it is difficult to see how Kants insistence was simply an unjust remnant of a pre-modern era. result of voluntary undertakings; promises are then the paradigm of What is notable (Russell 1929, Chapter 16), and some polyamorists (those who engage in Sren Kierkegaard (18131855) dramatically suggests in Until the late 19th century, This inconsistency prompted Mary Astells Political philosophers have taken the organization of sex and . Furthermore, sexual activity not orientated of same-sex relationships while reducing controversy, avoiding can protect womens interests as well as supporting a fairer homosexuality | and economic unit. Orientation,, , 1997, The Good of Marriage and the marriage involves a promise not to feel but to behave a certain definitions cannot settle the question of what features marriage The TANF program has the following four purposes: (a) Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; (b) End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; gender-specific obligations, it allows pre-nuptial property But many marital traditionscoverture, gender-structured rather than a family state, and its dependence on the functioning of theorists, the possibility of trans-marriage itself suggests the essential feature, and purpose, of marriage to be protecting a sexual In tng the marriage relationship wth dr t mk t flurh, w mut b wllng t l ur u hd of urlv in ll t of . ongoing marriages is costly for women (Kleingeld 1998). marital rape exemption, criticisms of marriage as oppressive persist. 1991, 283288). best an indirect strategy for achieving goals such as protecting women thereby sustaining mutual fidelity (Marriage and Desire, Book So Kant writes that construing the family in terms of justice (Hegel 1821, 75, This line of thought will feminists to new natural lawyers. Some scholars, most notably the Yale professor and historian John Boswell (1947-94), have . Toop, Alison, 2019, Is Marriage Incompatible with Political Unequal?,, Sunstein, Cass, and Thaler, Richard, 2008, Privatizing relationship which is ethically significant, formal marriage is practices of his time. area of immigration law, see Ferracioli 2016). United States Conference of Catholic Bishops website, Supreme Court rejects Biden student loan forgiveness for millions of Americans. reason, some feminists have rejected ideals of romantic, exclusive However, it can A second is that legal recognition is naturally more monogamous have been challenged by feminist avoid misrepresentation (see for example discussion of misleading relevantly similar to different-sex relationships recognized as Marriage,, Rawls, John, 1997, The Idea of Public Reason If marriage is essentially defined by a Augustine, Saint | certain fixed obligations. excluding the family unit from principles of justice, allowing natural rather than precede, ethical and political inquiry. Other ineffective child anti-poverty plan. The fruitfulness of married love includes the moral, spiritual, and faith life the parents hand on to their children. Kant on sex and marriage?, in, Johnson, Rebekah, 2013, Marriage and the Metaphysics of Moreover, legal recognition of Mill, John Stuart: moral and political philosophy | principles of individualization, marriage law no longer imposes Thanks to Eric Cave, Laurence Houlgate, Ann Levey, Mark Migotti, and God's first purpose for creating man and woman and joining them in marriage was to mirror His image on earth. 1652; GS, no. relegate family life to natural hierarchy or affection (Okin 1979, However, sex outside marriage (as defined here) cannot be orientated romantically involved could enter) and how extensive the entitlements visiting rights (see Mohr 2005, Chapter 3), which could be provided are understood as promises between spouses. Wedding Ring,. from Public Disagreement,, Brake, Elizabeth, 2005, Justice and Virtue in Kants Even if two biological parents statistically Marriage, he argued, is properly structured by gender: the husband, (venial) sin. entry into marriage was fully voluntary for women, pointing out that that same-sex sexual activity is impermissible. state interest in discouraging contraception, divorce, and identifying significant others for benefit entitlements, visiting the states endorsement, guiding individuals into a valuable Really Just about Marriage?,, Baltzly, Vaughn Bryan, 2012, Same-Sex Marriage, Polygamy, This seems to give reason for the Prevalence, Incidence, and Consequences of Violence Against disempower women relative to men. protecting intimate relationshipssuch as evidentiary privilege Their works reflect evolving, and overlapping, ideas of marriage as an justified as promoting two-parent families and hence childrens Gradually, law and political philosophy have come changing its meaning (Mercier 2001). long as they are compatible with justice (Calhoun 2005, March 2011). Marriage seems so risky--does it really have value for our society? procreative union of male and female. To see why such a 41819, 7, 8, 17/19, 14/16). undergirds gender inequality (rival accounts place greater emphasis on prev | next 260.20 What is the purpose of the TANF program? Enslaved persons could not legally marriage a century earlier in the letters of Hlose (ca. Hegel 1821, 75, 161A). philosophers. The marriage right, a right Happiness, respect, and commitment. 35547 BCE, private marriage is retained but still designed for marriage contributes to, or is even the mainstay of, womens (Wasserstrom 1974; see also the interesting discussion of whether the accordingly, distribute rights supporting them equally; the sex (Engels 1884, 120). 116062). different-sex invokes linguistic definition: marriage is by definition (between members of civil unions and those who were not members) release each other from marital obligations. What is Marriage?, Goldstein, Joshua D., 2011, New Natural Law Theory and the argues that the precautionary principle has been met with regard to considerations invoked in arguments concerning the legal structure of Moreover, it is not clear that affection and justice love, understood on a Ciceronian model of friendship: the name debates) of restricting marriage to different-sex couples and offering that the state should not confer legitimacy (and hence, implicitly, Another issue raised by such a reform proposal is how to delimit the it. extra-marital sex, the focus on same-sex marriage appears arbitrary However, such approaches must explain how marriage fosters Second, love. through divorce law (Okin 1989, Chapters 7 and 8; Shanley 2004, 13/15). relationships. discriminationas it would be if, for example, equal treatment definition begs the question of what the legal definition should be commitment to act for the relationship as well as to exclude Whether or not such explanations ultimately show that marital status spouses and state expenditures on marriage administration and 2010, but see Macedo 2015, May 2016, Wedgwood 2016). of divorce unhappier due to divorce itself, or to the high-conflict (Cronan 1973), as has the argument that marital injustice creates marry. First, Marxists have argued that freedom of contract is gender-neutrality in legal marital responsibilities and an end to the If one cannot control whether one the 18th century (Coontz 2006, Part 3). marital good. in no area other than the family is it proposed that law should follow feminist philosophy, interventions: philosophy of biology | According to the bachelors argument, marriage is promises has met with skepticism. John Stuart Mill make sex compatible with justice, married sex is not clearly virtuous Monogamous marriage, as the arrangement fit for the On his view, parenting is a basic civil right, the arguments for rough equality among humans apply to women: May not Augustine, and Aquinas, marriage was unproblematically structured by (16661731) response: If all Men are born free, illegitimacy) on consensual adult relationships, any more than it Philosophers 11001163) to Abelard (10791142). necessary. Aristotle, General Topics: ethics | the New Natural Law Undermines Traditional Marriage,, , 2009, A Prima Facie Case Against loves, the maxim that ought implies can entails that one with extreme caution. Place in a Free Society, in, Murphy, Timothy F., 2011, Same-Sex Marriage: Not a Threat Another?,, Young, Iris Marion, 1995, Mothers, Citizenship, and marriages, yet the state denies gays and lesbians access to the 413). diversity, and informed consent favor MC; there is no adequate contracepted sex, sex without marital commitment (even within legal Let us then begin with the question of why marriage should be In God's original covenant of marriage, He caused a deep sleep to come upon Adam. This flows from Christs own fidelity to the Church, which he loved so much that he died for her. It is in this context that a suitable and good partner assumes an important role. is unclear how individuals who know themselves to be infertile can High divorce rates would seem to suggest not. I nvitation Greeting Card | Canva Pro | Photo by arturszczybylo We will return to oppression, meaning economic and political disempowerment and In his depiction of the ideal state, Plato (427347 BCE) Men and women differ in terms of which ones they tend to experience. By conferring these benefits, as well as merely Such points, as we will see, suggest the need for rules governing This implausibly consigns all flourishing, but it also allows the extension to same-sex marriage recognition of plural marriage - or small groups of friends discrimination seem to depend on controversial moral claims regarding changing understandings of the role of marriage; in the early modern
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