Thinking About Polygamy

Levinson, Sanford

Journal: San Diego Law Review

Volume: 42

First Page: 1049

Year: 2005

Bluebook Citation: 42 SAN DIEGO L. REV. 1049 (2005)

Author: Sanford V. Levinson: all 121 publications


Abstract

The prohibition of same-sex marriage is no more defensible than the prohibition on other marital forms. This article enhances Professor Calhoun's proposal for polygamy by offering another reason to advocate pluralistic conceptions of marriage. If marriage is an institution focused on child-rearing and taking care of ailing partners, then polygamy offers a strong argument for state advocated pluralistic marital forms. The author concludes that Calhoun provides a necessary broader concept of marriage by suggesting a pluralistic approach as to what should count as a legally recognized marriage.

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