Yale University Press has published Marital Privilege: Marriage, Inequality, and the Transformation of American Law, by Serena Mayeri (University of Pennsylvania). A description from the Press:
The United States is unusual among wealthy western nations in the degree to which the law channels public benefits and private economic resources through marriage. This remains so despite seismic changes in American family life in the last several decades of the twentieth century. During this period, marriage rates declined while divorce and nonmarital childbearing soared. Social movements—for racial and economic justice, women’s and gay rights and liberation, civil liberties, and reproductive freedom—transformed the legal landscape.
In Marital Privilege, Serena Mayeri tells the stories of parents and partners, activists and lawyers who challenged the legal primacy of marriage. They made innovative constitutional claims in courts and launched grassroots efforts to change laws and practices that penalized nonmarital relationships. But even though reforms eliminated the most visible discrimination against women, people of color, and children born to unmarried parents—and, eventually, against gay and lesbian Americans—marriage’s privileged status endured. Because marriage increasingly correlated with education and wealth, marital primacy intensified racial and economic inequality. Marital Privilege explains how, as American law selectively incorporated principles of liberty and equality, the benefits of marriage became increasingly unavailable to those who needed them most.
Advance praise:
“Serena Mayeri’s hugely ambitious project is to map the changing legal status of marriage from the perspective of single women of color, gays and lesbians, feminists who wanted to reform (or even abolish) marriage, alternative family units, and unmarried fathers, among so many others. While the history of marriage looks different when considered from its edges, Mayeri ultimately demonstrates the resilience of an institution that so many labored to change over decades and decades. This astonishingly comprehensive and organically intersectional book is a masterpiece that will be influential for years to come.” —Margot Canaday
“Mayeri masterfully shows how legal challenges to marriage over the past several decades made marriage itself more egalitarian but left intact marriage’s dominant legal status and preserved marital status as an engine of inequality.”—Douglas NeJaime
“‘Marriage is everywhere in American law.’ What often goes unnoticed by those who enjoy its manifold benefits and privileges is painfully written on the lives in its shadow. In this brilliant history, Serena Mayeri explains how despite a half century of challenges, marriage remains a key engine in the reproduction of inequality today.”—Barbara Young Welke
More information is available here.
-- Karen Tani
