Professors Aloni and Daar publish article in OC Lawyer exploring many legal issues that remain after same-sex marriage recognition

OC Lawyer, August 5, 2015


In this article, we explore some issues that remain to be addressed after same-sex marriage recognition. First, we explain that marriage equality will not fix certain inequalities that exist for same-sex couples who avail themselves of assisted reproductive technologies (ART) to form their families. Second, we discuss the myriad of non-marriage relationships that couples form in contemporary society and the legal problems they face. We are concerned that, for all its benefits, marriage equality may act to crowd out other relationships that, we believe, are deserving of equal family justice. Third, we argue that family law is still marriage-centric, but ending the debate about same-sex marriage may open up the opportunity to develop a more pluralistic structure of family law.

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