It’s Not a Gay Thing...
(Page 6 of 6)
July-August 2008
by Nancy D. Polikoff, from the book Beyond (Straight and Gay) Marriage
Where a gay rights strategy loses and does not result in marriage, civil unions, or partnership registration, the “special rights” given marriage will continue to harm same-sex couples. Where a losing gay rights strategy results in a constitutional amendment barring recognition of unmarried same- and different-sex couples, as more than a dozen states have, those couples may be worse off than they are now. That’s what happened in Michigan, where public employees lost domestic partner benefits.
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A valuing-all-families strategy achieves good results, for good reasons, and makes marriage matter less. That was the direction U.S. law and policy was headed before the right-wing backlash against feminism, LGBT rights, and other progressive social change. Today, that backlash includes the religious and secular marriage movement. Its emphasis on marriage should not lead gay rights activists away from advocacy that will meet the needs of diverse families and relationships in a pluralistic society.
Nancy D. Polikoff is a professor of law at American University Washington College of Law. Her website is www.beyondstraightandgaymarriage.com. Excerpted from Beyond (Straight and Gay) Marriage: Valuing All Families Under the Law. Copyright © 2008 by Nancy D. Polikoff. Reprinted by permission of Beacon Press; www.beacon.org.
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