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- Title
Legal Recognition of Plural Unions: Is A Nonmarital Relationship Status the Answer to the Dilemma?
- Authors
Goldfarb, Sally F.
- Abstract
Intimate relationships involving three or more adults are increasingly visible in American society. Multiparty relationships, which are also known as plural unions, mainly take two different forms: systemic polygyny and polyamory. Family law currently denies recognition to all plural unions. Granting legal recognition to multiparty relationships would advance the goal of family pluralism and expand access to valuable legal protections. However, the possibility of granting official recognition to plural unions must be approached with caution, because systemic polygyny poses a serious risk of harm to women and children arising from the imposition of oppressive gender roles. A possible solution to this dilemma lies in offering a formal nonmarital status (such as civil union, domestic partnership, reciprocal beneficiary, or designated beneficiary) to participants in plural unions. As a result of their differing attitudes toward marriage, polyamorists would be likely to embrace a nonmarital relationship status, while participants in systemic polygyny would most likely reject it. Thus, providing a nonmarital status for plural unions could allow polyamorists to obtain the benefits of relationship recognition, without placing the government's seal of approval on the oppressive aspects of systemic polygyny. Key Points for the Family Court Community: Hundreds of thousands of Americans participate in intimate relationships involving three or more adults. These relationships have become increasingly visible in recent years.The two most prevalent types of multiparty relationships (also known as plural unions) are systemic polygyny and polyamory. These two types of plural unions have very different characteristics.Family law currently denies legal recognition to plural unions. Permitting participants in plural unions to enter a formal nonmarital relationship status would have advantages over permitting them to marry.Nonmarital relationship statuses are currently available in some American jurisdictions. Four states offer civil unions; dozens of localities and a handful of states offer domestic partnerships; one state (Hawaii) offers the reciprocal beneficiary status, and one state (Colorado) offers the designated beneficiary status. A few jurisdictions offer more than one of these statuses.
- Subjects
COHABITATION agreements; ETHICAL problems; LEGAL status of unmarried couples; DOMESTIC partnership lawsuits; CIVIL unions
- Publication
Family Court Review, 2020, Vol 58, Issue 1, p157
- ISSN
1531-2445
- Publication type
Article
- DOI
10.1111/fcre.12461