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Citizenship, Same-Sex Marriage, and Feminist Critiques of Marriage

Published online by Cambridge University Press:  16 June 2005

Jyl Josephson
Jyl Josephson
Affiliation:
Rutgers University, Newark ([email protected])
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Abstract

The debate over same-sex marriage in the United States is fundamentally a disagreement about the nature of democratic citizenship and the meaning of full inclusion of adult citizens in the polity. The facts that marriage has both private and public dimensions, and is described by policy makers as natural and unchanging even as they write laws to define it create confusion among those who publicly contest same-sex marriage. The feminist critique of marriage provides insight on the issue; its critique, along with the questions raised by same-sex marriage, indicates a need to rethink many aspects of the legal regulation of families and intimate life as they affect democratic citizenship.Jyl Josephson is an associate professor of political science and director of women's studies at Rutgers University, Newark ([email protected]). She is coeditor, with Sue Tolleson-Rinehart, of the second edition of Gender and American Politics; coeditor, with Cynthia Burack, of Fundamental Differences: Feminists Talk Back to Social Conservatives, and author of Gender, Families, and State: Child Support Policy in the United States. The author thanks Jennifer Hochschild for her editorial guidance. Thanks also to the three anonymous reviewers, and to Cynthia Burack, David Foster, and Stacy VanDeveer, whose questions helped me to clarify my arguments.

Type
Research Article
Information
Perspectives on Politics , Volume 3 , Issue 2 , June 2005 , pp. 269 - 284
Copyright
© 2005 American Political Science Association

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References

Abraham, Julie. 2000. Public relations: Why the rush to same-sex marriage? And who stands to benefit? Women's Review of Books 17 (8): 12–14.Google Scholar
Ackelsberg, Martha, and Judith Plaskow. 2004. Why we're not getting married. Common Dreams News Center, June 1. http://www.commondreams.org.
Albelda, Randy, and Chris Tilly. 1997. Glass ceilings and bottomless pits: Women's work, women's poverty. Boston: South End Press.
Baca Zinn, Maxine, and Bonnie Thornton Dill. 1994. Women of color in U.S. society. Philadelphia: Temple University Press.
Berlant, Lauren, and Michael Warner. 1998. Sex in public. Critical Inquiry 24 (2): 547–66.Google Scholar
Bowers v. Hardwick. 478 U.S. 186 (1986).
Boykin, Keith. 2000. Where rhetoric meets reality: The role of black lesbians and gays in “queer” politics. In The politics of gay rights, ed. Craig Rimmerman, Kenneth Wald, and Clyde Wilcox, 79–96. Chicago: University of Chicago Press.
Briggs, Laura. 2002. Reproducing empire: Race, sex, science, and U.S. imperialism in Puerto Rico. Berkeley: University of California Press.
Brown et al v. Board of Education of Topeka et al. 347 U.S. 483 (1954).
Burack, Cynthia. 2003. Getting what “we” deserve: Terrorism, tolerance, sexuality, and the Christian right. New Political Science 25 (3): 329–49.Google Scholar
Butler, Judith. 2002. Is kinship always already heterosexual? Differences 13 (1): 14–44.Google Scholar
Cahill, Sean. 2003. Family policy issues affecting gay, lesbian, bisexual, and transgender families. Paper presented at the annual meeting of the American Political Science Association, Philadelphia, PA.
Calhoun, Cheshire. 2000. Feminism, the family, and the politics of the closet: Lesbian and gay displacement. New York: Oxford University Press.
Citron, Jo Ann. 2003. Slow going. Review of Equality Practice, by William Eskridge. Women's Review of Books 20 (4): 7–8.Google Scholar
Cohen, Cathy. 1997. Punks, bulldaggers, and welfare queens: The radical potential of queer politics? GLQ: A Journal of Lesbian and Gay Studies 3 (4): 437–65.Google Scholar
Cohen, Cathy. 1999. The boundaries of blackness: AIDS and the breakdown of black politics. Chicago: University of Chicago Press.
Cohen, Jean. 2002. Regulating intimacy: A new legal paradigm. Princeton: Princeton University Press.
Cohen, Philip N., and Matt L. Huffman. 2003. Occupational segregation and the devaluation of women's work across U.S. labor markets. Social Forces 81 (3): 881–908.Google Scholar
Cole, Johnnetta, and Beverly Guy-Sheftall. 2003. Gender talk: The struggle for women's equality in African American communities. New York: Ballantine Books.
Collins, Patricia Hill. 1989. A comparison of two works on black family life. Signs: The Journal of Women in Culture and Society 14 (4): 875–84.Google Scholar
Collins, Patricia Hill. 1990. Black feminist thought: Knowledge, consciousness, and the politics of empowerment. New York: Routledge.
Collins, Patricia Hill. 2004. Black sexual politics: African-Americans, gender, and the new racism. New York: Routledge.
Cornell, Drucilla. 1998. At the heart of freedom: Feminism, sex, and equality. Princeton: Princeton University Press.
Cott, Nancy. 1977. The bonds of womanhood: “Woman's sphere” in New England, 1780–1835. New Haven: Yale University Press.
Cott, Nancy. 2000. Public vows: A history of marriage and the nation. Cambridge: Harvard University Press.
Currah, Paisley. 2001. Queer theory, lesbian and gay rights, and transsexual marriages. In Sexual identities, queer politics, ed. Mark Blasius, 178–99. Princeton: Princeton University Press.
Dang, Alain, and Somjen Frazer. 2004. Black same-sex households in the United States. New York: National Gay and Lesbian Task Force.
D'Emilio, John. 2004. The campaign for same-sex marriage: Why now? Why not? Distinguished Lecture Series, Institute for Research on Women, Rutgers University, New Brunswick, NJ, November 18.
Dietz, Mary G. 2002. Turning operations: Feminism, Arendt, and politics. New York: Routledge.
Duggan, Lisa. 2003. The twilight of equality? Neoliberalism, cultural politics, and the attack on democracy. Boston: Beacon Press.
Elshtain, Jean Bethke. 1981. Public man, private woman: Women in social and political thought. Princeton: Princeton University Press.
Eskridge, William N., Jr. 1996. The case for same-sex marriage: From sexual liberty to civilized commitment. New York: Free Press.
Eskridge, William N., Jr. 2002. Equality practice: Civil unions and the future of gay rights. New York: Routledge.
Ettelbrick, Paula. 1997. Since when is marriage a path to liberation? In We are everywhere: A historical sourcebook of gay and lesbian politics, ed. Mark Blasius and Shan Phelan, 757–61. New York: Routledge.
Fineman, Martha Albertson. 1995. The neutered mother, the sexual family, and other twentieth-century tragedies. New York: Routledge.
Galston, William A. 1991. Liberal purposes: Goods, virtues, and diversity in the liberal state. New York: Cambridge University Press.
Gavanas, Anna. 2002. The fatherhood responsibility movement: The centrality of marriage, work and male sexuality in reconstructions of masculinity and fatherhood. In Making men into fathers: Men, masculinities, and the social politics of fatherhood, ed. Barbara Hobson, 213–42. New York: Cambridge University Press.
Gerstmann, Evan. 2004. Same-sex marriage and the Constitution. Cambridge: Cambridge University Press.
Gilens, Martin. 1999. Why Americans hate welfare: Race, media and the politics of antipoverty policy. Chicago: University of Chicago Press.
Glendon, Mary Ann. 1989. The transformation of family law. Chicago: University of Chicago Press.
Goodridge et al v. Department of Public Health. 440 Mass. 309 (2003).
Grossberg, Michael. 1985. Governing the hearth: Law and the family in nineteenth-century America. Chapel Hill: University of North Carolina Press.
Hochschild, Arlie. 1989. The second shift. New York: Viking.
Holland, Catherine. 2001. The body politic: Foundings, citizenship, and difference in the American political imagination. New York: Routledge.
Honig, Bonnie. 2001. Democracy and the foreigner. Princeton: Princeton University Press.
Hurtado, Aida. 1989. Relating to privilege: Seduction and rejection in the subordination of white women and women of color. Signs 14 (4): 833–55.Google Scholar
Ingraham, Chrys. 1999. White weddings: Romancing heterosexuality in popular culture. New York: Routledge.
Irvine, Janice M. 2002. Talk about sex: The battles over sex education in the United States. Berkeley: University of California Press.
Jakobsen, Janet R., and Ann Pellegrini. 2003. Love the sin: Sexual regulation and the limits of religious tolerance. New York: New York University Press.
James, Susan. 1992. The good-enough citizen: Female citizenship and independence. In Beyond equality and difference, ed. Gisela Bock and Susan James, 48–65. New York: Routledge.
Josephson, Jyl J. 1997. Gender, families, and state: Child support policy in the United States. Lanham, MD: Rowman and Littlefield.
Josephson, Jyl J., and Cynthia Burack. 1998. The political ideology of the neo-traditional family. Journal of Political Ideologies 3 (2): 213–31.Google Scholar
Kaplan, Morris. 1997. Intimacy and equality: The question of lesbian and gay marriage. In Playing with fire: Queer politics, queer theories, ed. Shane Phelan, 201–30. New York: Routledge.
Koppelman, Andrew. 2002. The gay rights question in contemporary American law. Chicago: University of Chicago Press.
Lawrence and Garner v. Texas. 539 U.S. 558 (2003).
Lehr, Valerie. 1999. Queer family values: Debunking the myth of the nuclear family. Philadelphia: Temple University Press.
Lehr, Valerie. 2003. Relationship rights for a queer society: Why gay activism needs to move away from the right to marry. In Child, family, and state, ed. Stephen Macedo and Iris Marion Young, 306–44. NOMOS XLIV. New York: New York University Press.
Leonard, Madeleine. 2001. Old wine in new bottles? Women working inside and outside the household. Women's Studies International Forum 24 (1): 67–78.Google Scholar
Loving et ux. v. Virginia. 388 U.S. 1 (1967).
Marshall, T.H. 1950. Citizenship and social class and other essays. Cambridge: Cambridge University Press.
Merin, Yuval. 2002. Equality for same-sex couples: The legal recognition of gay partnerships in Europe and the United States. Chicago: University of Chicago Press.
Mink, Gwendolyn. 2003. From welfare to wedlock: Marriage promotion and poor mothers' inequality. In Fundamental differences: Feminists talk back to social conservatives, ed. Cynthia Burack and Jyl Josephson, 207–18. Lanham, MD: Rowman and Littlefield.
Minow, Martha, and Mary Lyndon Shanley. 1996. Relational rights and responsibilities: Revisioning the family in liberal political theory and law. Hypatia 11 (1): 4–29.Google Scholar
Moran, Rachel F. 2001. Interracial intimacy: The regulation of race and romance. Chicago: University of Chicago Press.
Neubeck, Kenneth J., and Noel Cazenave. 2001. Welfare racism: Playing the race card against America's poor. New York: Routledge.
Okin, Susan Moller. 1989. Justice, gender, and the family. New York: Basic Books.
Pateman, Carole. 1988. The sexual contract. Stanford: Stanford University Press.
Phelan, Shane. 2001. Sexual strangers: Gays, lesbians, and dilemmas of citizenship. Philadelphia: Temple University Press.
Pinello, Daniel. 2003. Gay rights and American law. Cambridge: Cambridge University Press.
Polikoff, Nancy. 1993. We will get what we ask for: Why legalizing gay and lesbian marriage will not “Dismantle the legal structure of gender in every marriage.” Virginia Law Review 79 (7): 1535–50.Google Scholar
Rauch, Jonathan. 2004. Gay marriage: Why it is good for gays, good for straights, and good for America. New York: Times Books.
Regan, Milton. 1999. Alone together: Law and the meanings of marriage. New York: Oxford University Press.
Rich, Adrienne. 1986. Compulsory heterosexuality and lesbian existence. In Blood, Bread, and Poetry, 23–75. New York: W. W. Norton.
Roberts, Dorothy. 1997. Killing the black body: Race, reproduction, and the meaning of liberty. New York: Pantheon.
Robson, Ruthann. 1992. Lesbian (out)law: Survival under the rule of law. Ithaca, NY: Firebrand Books.
Romney, Governor Mitt. 2004. Preserving traditional marriage: A view from the states. Testimony of Governor Mitt Romney before the U.S. Senate Judiciary Committee, June 22. http://www.mass.gov/portal/govPR.jsp?gov_pr=gov_pr_040622_WMR_gay_marriage_testimony.xml
Rose, Stephen J., and Heidi I. Hartmann. 2004. Still a man's labor market: The long-term earnings gap. Washington, DC: Institute for Women's Policy Research.
Santorum, Rick. 2003. Americans must preserve institution of marriage. USA Today, July 9.
Senior, Jennifer. 2004. Everything a happily married Bible Belt woman always wanted to know about sex but was afraid to ask. New York Times Magazine, July 4.
Shanley, Mary Lyndon. 1989. Feminism, marriage, and the law in Victorian England, 1850–1895. Princeton: Princeton University Press.
Shanley, Mary Lyndon. 2001. Making babies, making families. Boston: Beacon Press.
Shanley, Mary Lyndon, et al. 2004. Just marriage. New York: Oxford University Press.
Shelton, Beth Anne, and Daphne John. 1996. The division of household labor. Annual Review of Sociology 22 (1): 299–322.Google Scholar
Shklar, Judith. 1991. American citizenship: The quest for inclusion. Cambridge: Harvard University Press.
Smith, Anna Marie. 2001. The politicization of marriage in contemporary American public policy: The Defense of Marriage Act and the Personal Responsibility Act. Citizenship Studies 5 (3): 303–20.Google Scholar
Smith, Rogers. 1997. Civic ideals: Conflicting visions of citizenship in U.S. history. New Haven: Yale University Press.
Smith, Rogers. 2003. Stories of peoplehood: The politics and morals of political membership. New York: Cambridge University Press.
Snyder, R. Claire. 2003. Neopatriarchy and the antihomosexual agenda. In Fundamental differences: Feminists talk back to social conservatives, ed. Cynthia Burack and Jyl J. Josephson, 157–71. Lanham, MD: Rowman and Littlefield.
Stacey, Judith. 1990. Brave new families: Stories of domestic upheaval in late-twentieth-century America. New York: Basic Books.
Stevens, Jacqueline. 1999. Reproducing the state. Princeton: Princeton University Press.
Stoddard, Tom. 1997. Why gay people should seek the right to marry. In We are everywhere: A historical sourcebook of gay and lesbian politics, ed. Mark Blasius and Shane Phelan, 753–56. New York: Routledge.
Struening, Karen. 2002. New family values: Liberty, equality, diversity. Lanham, MD: Rowman and Littlefield.
Sullivan, Andrew. 1995. Virtually normal: An argument about homosexuality. New York: Alfred A. Knopf.
Thomas, Sue. 2005. Cracking the glass ceiling. In Gender and American politics, 2nd ed., ed. Sue Tolleson-Rinehart and Jyl Josephson, 242–63. Armonk, NY: M.E. Sharpe.
Toner, Robin, and Robert Pear. 2004. Ban on gay marriages leads list of proposals. New York Times, January 21.
U.S. General Accounting Office (GAO). 1997. Letter to Committee on the Judiciary Chairman Henry Hyde from Barry R. Bedrick regarding the Defense of Marriage Act, January 31. GAO/OGC-97–16. http://www.gao.gov/archive/1997/og97016.pdf.
Vogel, Ursula. 1994. Marriage and the boundaries of citizenship. In The condition of citizenship, ed. Bart van Steenbergen, 76–89. Thousand Oaks, CA: Sage Publications.
Warner, Michael. 1999. The trouble with normal: Sex, politics, and the ethics of queer life. New York: Free Press.
Weeks, Jeffrey, Brian Heaphy, and Catherine Donovan. 2001. Same-sex intimacies: Families of choice and other life experiments. New York: Routledge.
Weston, Kath. 1991. Families we choose: Lesbians, gays, kinship. New York: Columbia University Press.
Wilcox, Clyde, and Robin Wolpert. 2000. Gay rights in the public sphere: Public opinion on gay and lesbian equality. In The politics of gay rights, ed. Craig Rimmerman, Kenneth Wald, and Clyde Wilcox, 409–32. Chicago: University of Chicago Press.
Williams, Joan. 2001. Unbending gender: Why family and work conflict and what to do about it. Oxford: Oxford University Press.
Williams, Linda. 2003. The constraint of race: Legacies of white skin privilege in America. University Park, PA: Pennsylvania State University Press.
Wolfson, Evan. 1994. Crossing the threshold: Equal marriage rights for lesbians and gay men, and the intra-community critique. New York University Review of Law and Social Change 21: 567–615.Google Scholar