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88 Tul. L. Rev. 257 (2013-2014)

handle is hein.journals/tulr88 and id is 287 raw text is: Avoiding Marriage Tunnel Vision Jessica R. Feinberg* The futum ofnonmatitalrelationsh, cogniion isinjeopardy This is largely due to the current state of the movement asonsible for the prior advancements enjoyed by nonmanial relationship statuses, the lesbinn, gay bisexual, and tansgender (LGBT) nghts movement, which in recent years has come to prioritize mamage equality over all other goals. The movement prioitimtion of mariage equaty mains a souwre of contention. Many people believe that it is more important to pursue the goal ofplumhstic relationship recognition, which involves acquirig legal prtections for the diverse relationship and familial forms m existence today without regard to marnage Chgibility While most individuals involved in the movement would not dhspute that both mardage equality and pluralistic relationshi rcognition ar inportant goals, the fear that these two goals cannot coexist successfully has come to frition recently Maniage equality supporters iceasingly engage in rhetoric that disparages nonmarital statuses, and marriage equality advancements have led to measurable setbacks to pluralistic relationship recognition through the repeal of nonmarital statuses in a number of states that have legalized same-sex marriage. Occurrences such as these are unfortunate and unnecessary but will not cease until the movement adopts specific strategies to advance both goals simultaneously This Aticle argues that ignoring the current disharmony between these two goals would be a costly mistake that would hurt many individuals both within and outside of the LGBT community It proposes a number of strategies, such as restructuring nonmanial relationship statuses and reconfguring the movementh messages, to aid the movement in successfully advancig both goals and ensuring that marnage equality advancements do not result in the eradication ofplurabstic relationship recognition. I. INTRODUCTION.....................................258 H. HISTORY ................................................261 A. The Emergence ofSame-Sex Mariage and Noninaital Reladonship Statuses on the State Level....... 261 B. Differig Views Within the LGBTRights Movement Regardhg Relationship Recognition Goals .................................. 271 III. CURRENT ISSUES WITH ACHIEVING HARMONY BETWEEN MARRIAGE EQUALITY AND PLURALISTIC RELATIONSHIP RECOGNITION......................................279 A. Plurahstic Reladonship Recogniion and the Effects ofMarriage EqualityAdvancements... ................. 279 * C 2013 Jessica R. Feinberg. Assistant Professor, Mercer University School of Law. I am extremely grateful to Susan Appleton and Gary Simson for reviewing earlier drafts of this Article and providing thoughtful feedback and helpful suggestions. I also would like to thank Ted Blumhoff, Lindsay Bozicevich, Dave Oedel, Karen Sneddon, Scott Titshaw, and the participants in the 2013 Midwest Family Law Consortium and the 2013 Feminist Legal Theory Conference for engaging in helpful discussions regarding the issues addressed in this Article. 257

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