The debate over same-sex marriage in the United States is
fundamentally a disagreement about the nature of democratic citizenship
and the meaning of full inclusion of adult citizens in the polity. The
facts that marriage has both private and public dimensions, and is
described by policy makers as natural and unchanging even as they write
laws to define it create confusion among those who publicly contest
same-sex marriage. The feminist critique of marriage provides insight on
the issue; its critique, along with the questions raised by same-sex
marriage, indicates a need to rethink many aspects of the legal regulation
of families and intimate life as they affect democratic citizenship.Jyl Josephson is an associate professor of
political science and director of women's studies at Rutgers
University, Newark (jylj@andromeda.rutgers.edu). She is coeditor, with Sue
Tolleson-Rinehart, of the second edition of Gender and American
Politics; coeditor, with Cynthia Burack, of Fundamental
Differences: Feminists Talk Back to Social Conservatives, and author
of Gender, Families, and State: Child Support Policy in the United
States. The author thanks Jennifer Hochschild for her editorial
guidance. Thanks also to the three anonymous reviewers, and to Cynthia
Burack, David Foster, and Stacy VanDeveer, whose questions helped me to
clarify my arguments.