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Liberty for AllReclaiming Individual Privacy in a New Era of Public Morality$
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Elizabeth Price Foley

Print publication date: 2006

Print ISBN-13: 9780300109832

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300109832.001.0001

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 30 July 2021

Marriage

Marriage

Chapter:
(p.65) Chapter 4 Marriage
Source:
Liberty for All
Author(s):

Elizabeth Price Foley

Publisher:
Yale University Press
DOI:10.12987/yale/9780300109832.003.0004

Laws relating to marriage illustrate the tension between individual privacy and public morality. There are many different laws that limit when, how, and to whom a person may be married. This chapter shows that a lot of marriage laws are based solely on public morality and hence illegitimately restrict individual liberty, but argues that some marriage laws may be consistent with the morality of American law because they are intended to prevent harm to others. Before considering how legitimate marriage laws differ from illegitimate ones, it explores what exactly “marriage” is. More specifically, the chapter discusses the nature of civil marriage and how it differs from religious marriage, marriage as the exclusive means to lawful cohabitation with another person, and same-sex marriage. It also looks at how the morality of American law applies to same-sex marriage, adultery, polygamy, and incest.

Keywords:   marriage, public morality, individual liberty, marriage laws, civil marriage, same-sex marriage, law, adultery, polygamy, incest

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