Proposal to narrow the definition of marriage and expand access to rights and benefits of married couples

02/23/09 ADF Alert:

James L. Musselman, What’s Love Got to Do With It? A Proposal for Elevating the Status of Marriage By Narrowing Its Definition, While Universally Extending the Rights and Benefits Enjoyed by Married Couples,16 Duke J. Gender L. & Pol’y 37 (2009)

(An excerpt is below. To view the full text, please use Westlaw, Lexis, a law library or alternative source.)

This article proposes an approach that defines two legally recognized relationships. First, opposite-sex couples desiring a traditional marriage could choose the option that generally adopts portions of the covenant marriage law enacted thus far by three states. Second, all couples, whether same-sex or opposite-sex, could choose the option most similar to today’s current marriage relationship.

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