Untying the Knot: Marriage, the State, and the Case for Their Divorce

Hardcover
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Author: Tamara Metz

ISBN-10: 0691126674

ISBN-13: 9780691126678

Category: Civil unions -> United States

Marriage is at the center of one of today's fiercest political debates. Activists argue about how to define it, judges and legislators decide who should benefit from it, and scholars consider how the state should protect those who are denied it. Few, however, ask whether the state should have anything to do with marriage in the first place. In Untying the Knot, Tamara Metz addresses this crucial question, making a powerful argument that marriage, like religion, should be separated from the...

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"In clear and jargon-free writing, Tamara Metz makes a persuasive case for the separation of marriage and the state. Readers who pick up this book to inform themselves about the same-sex marriage debate will be led to wonder why the state involves itself in marriage at all."--Shelley Burtt, author of Virtue Transformed"This provocative and timely book makes an important contribution to our understanding of both liberal political theory and what marriage law should be. The writing is clear, succinct, and a pleasure to read. This book is essential reading for everyone interested in the family, political theory, public policy, or law."--Mary Lyndon Shanley, Vassar College Choice Marriage as an ethical and social relationship is to reside outside the state's reach. Metz convincingly defends this position by using traditional liberal values alongside feminist analyses to critique and reject justifications of 'established' marriage found in Locke, Mill, Susan Moller Okin, and US legal opinions.

1 Toward a liberal theory of marriage and the state 12 Confusion in the courts 193 Marriage and the state in liberal political thought 474 Marriage : a formal, comprehensive social institution 855 The liberal case for disestablishing marriage and creating an intimate caregiving union status 1136 Reconsidering the public/private divide 153Notes 163Bibliography 185Index 199

\ ChoiceMarriage as an ethical and social relationship is to reside outside the state's reach. Metz convincingly defends this position by using traditional liberal values alongside feminist analyses to critique and reject justifications of 'established' marriage found in Locke, Mill, Susan Moller Okin, and US legal opinions.\ \ \ \ \ Law and Politics Book ReviewTamara Metz has written an important book that makes a provocative and ultimately persuasive argument for getting the state out of the marriage business. . . . I am very impressed with the persuasiveness of Metz's overarching argument and with the respectful and non-dismissive way in which she addresses the normative concerns of religious people, as well as the insights of feminist theorists. This book definitely makes a contribution to the literature on marriage, and it deserves a wide reading.\ — R. Claire Snyder-Hall\ \ \ Philosophy in ReviewThis lucid, thoughtful, and cogently argued book makes a significant contribution to the literature on marriage. It will advance debates over marriage law beyond the question of which form of marriage the state should recognize to the deeper question of why the state should recognize marriage at all. Specialists in social and political philosophy, feminist philosophy, and the history of liberal thought will profit from it, but it is also accessible to the student or general reader.\ — Elizabeth Brake\ \ \ \ \ Political Science QuarterlyMetz's focus on the meaning side of marriage provides a timely guide to understanding contemporary marriage debates. . . . Her book should be of interest to the wider audience of readers who feel some stake in the ongoing marriage debates.\ — Linda McClain\ \ \ \ \ Social Theory and PracticeUntying the Knot is a worthwhile read for anyone interested in the current struggles over the nature, meaning, and significance of marriage, and it borders on being a must-read for anyone with a serious interest in the relationship between liberalism and marriage.\ — Eric M. Cave\ \ \ \ \ European Legacy[T]his book . . . is a forceful volley that effectively changes the terms of the marriage debate, forcing us to argue about fundamental assumptions as well as implications.\ — Michele Pridmore-Brown\ \ \ \ \ LSE Politics and Policy blogAn obvious strength of this work is Metz's clarity of argument, both in terms of her careful and considered analysis and her exceptionally clear writing style. Her prose is refreshingly enjoyable to read, and spells out her case at a measured pace. Whether or not you agree with the argument Metz presents, you will understand it.\ — Amy Watson\ \ \ \ \ Law and Politics Book ReviewTamara Metz has written an important book that makes a provocative and ultimately persuasive argument for getting the state out of the marriage business. . . . I am very impressed with the persuasiveness of Metz's overarching argument and with the respectful and non-dismissive way in which she addresses the normative concerns of religious people, as well as the insights of feminist theorists. This book definitely makes a contribution to the literature on marriage, and it deserves a wide reading.\ \ \ \ \ Philosophy in ReviewThis lucid, thoughtful, and cogently argued book makes a significant contribution to the literature on marriage. It will advance debates over marriage law beyond the question of which form of marriage the state should recognize to the deeper question of why the state should recognize marriage at all. Specialists in social and political philosophy, feminist philosophy, and the history of liberal thought will profit from it, but it is also accessible to the student or general reader.\ \ \ \ \ Political Science QuarterlyMetz's focus on the meaning side of marriage provides a timely guide to understanding contemporary marriage debates. . . . Her book should be of interest to the wider audience of readers who feel some stake in the ongoing marriage debates.\ \ \ \ \ Social Theory and PracticeUntying the Knot is a worthwhile read for anyone interested in the current struggles over the nature, meaning, and significance of marriage, and it borders on being a must-read for anyone with a serious interest in the relationship between liberalism and marriage.\ \ \ \ \ European Legacy[T]his book . . . is a forceful volley that effectively changes the terms of the marriage debate, forcing us to argue about fundamental assumptions as well as implications.\ \ \ \ \ LSE Politics and Policy blogAn obvious strength of this work is Metz's clarity of argument, both in terms of her careful and considered analysis and her exceptionally clear writing style. Her prose is refreshingly enjoyable to read, and spells out her case at a measured pace. Whether or not you agree with the argument Metz presents, you will understand it.\ \ \ \ \ Choice\ Marriage as an ethical and social relationship is to reside outside the state's reach. Metz convincingly defends this position by using traditional liberal values alongside feminist analyses to critique and reject justifications of 'established' marriage found in Locke, Mill, Susan Moller Okin, and US legal opinions.\ \ \ \ \ Philosophy in Review\ This lucid, thoughtful, and cogently argued book makes a significant contribution to the literature on marriage. It will advance debates over marriage law beyond the question of which form of marriage the state should recognize to the deeper question of why the state should recognize marriage at all. Specialists in social and political philosophy, feminist philosophy, and the history of liberal thought will profit from it, but it is also accessible to the student or general reader.\ — Elizabeth Brake\ \ \ \ \ Political Science Quarterly\ Metz's focus on the meaning side of marriage provides a timely guide to understanding contemporary marriage debates. . . . Her book should be of interest to the wider audience of readers who feel some stake in the ongoing marriage debates.\ — Linda McClain\ \ \ \ \ Law and Politics Book Review\ Tamara Metz has written an important book that makes a provocative and ultimately persuasive argument for getting the state out of the marriage business. . . . I am very impressed with the persuasiveness of Metz's overarching argument and with the respectful and non-dismissive way in which she addresses the normative concerns of religious people, as well as the insights of feminist theorists. This book definitely makes a contribution to the literature on marriage, and it deserves a wide reading.\ — R. Claire Snyder-Hall\ \ \ \ \ Social Theory and Practice\ Untying the Knot is a worthwhile read for anyone interested in the current struggles over the nature, meaning, and significance of marriage, and it borders on being a must-read for anyone with a serious interest in the relationship between liberalism and marriage.\ — Eric M. Cave\ \