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By H. Brook
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Extra info for Conjugality: Marriage and Marriage-like Relationships before the Law
Sample text
Hekman’s argument is epistemological, but it is not difficult to see how her approach might be applied more broadly. For example, in Australia (and similar societies), there are several senses in which one might be married. Most obviously, if a wedding occurs according to the rules set out in the (Australian) Marriage Act 1961 (or its counterparts elsewhere), a couple is unequivocally married. But there are also presumptive policies and laws operating to determine whether or not a person is in a de facto marriage, or a marriage-like relationship.
Without wanting to debate the many points of tension Pateman’s work has aroused among feminists, her fusing of social contract democracy and marriage as a politics of women’s exclusion should be taken seriously: one man, one vote—one man, one wife. Especially when discussed in relation to traditions of nonmonogamous marriage, lawmakers repeatedly characterize their own kind of marriage as a mark of civilization and as a foundation of national prosperity. ”14 Chris Grover and Keith Soothill allude to a similar sentiment in their analysis of press reports of bigamy.
Monogamy is so central to scholarly models of contemporary marriage that it is rarely scrutinized. That marriage should involve the union of one and only person to another has not been questioned or challenged in the same concerted and widespread way that its heterosexism has. Indeed, what Emens (2004, 291) calls “supermonogamy”—the idea that there is only one uniquely suitable partner or soul mate for each human being—is perhaps stronger than ever. Where models other than “the one and only” do exist, they tend to be painted as dangerously nonmainstream or even heretical.