Intimacy and the Public Sphere

Abstract

Abstract The civil institution of marriage grants the people who enter it a special status with many accompanying benefits and privileges. Society more generally celebrates marriage and singles it out as representing a relationship of unique importance to individual lives. This chapter argues that there are harmful effects to individuals that result from the legal and social primacy of marriage and marriage-like relationships. Philosophical attempts to show that the marital relationship has a unique significance are uncompelling, and an examination of spousal support law shows that our thinking about the institution is not ultimately coherent. We need to encourage greater diversity in the structuring of our intimate lives if we want to ensure that all individuals are able to incorporate this value into their life in the way best suited to them.