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Card, Claudia, , . Gay Divorce: Thoughts on the Legal Regulation of Marriage
2007, Hypatia, 22 (1): 24-38.
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Added by: Rochelle DuFord, Contributed by:

Abstract: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card’s essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

Comment: This text is very accessible and poses a unique problem for the legal regulation of romantic relationships. This text would fit well in a class that discusses sexual relations, violence, marriage, love, or justice (as Card directly discusses Rawls’ Theory of Justice). Further, it would make a nice addition to a course that discusses justice for LGBT persons, as Card argues that there are more pressing legal and political issues that LGBT communities ought to agitate in favor of.

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