SHOULD LAW DISCRIMINATE BETWEEN UN/MARRIED COUPLES? Flashcards
Why is it notable that English law discriminates between the two?
Many European countries do not
What are the 5 ways to consider whether un/married couples should be treated the same?
1) Does the state benefit to the same extent from both?
2) Individual choice
3) Discrimination
4) Should marriage be discouraged?
5) Protection of citizens
How has the state traditionally shown it’s favour for and encouragement of marriage?
Providing tax advantages etc that apply only to married couples
Who said ‘marriage endures as a symbol’
O’DONOVAN 1993
What were the findings of the British Social Attitude Survey 1989
70% of respondents thought people with children ought to be married
What did the Centre for the Modern Family find in a 2011 survey?
36% of respondents thought you had to be married to be a ‘proper’ family
What are the 5 arguments why STATE PREFERS MARRIAGE?
1) Marriage provides building blocks for/essential to well being of society
2) State wants to promote production/care of children
3) Allows state regulation of relationship breakdown
4) Economical
5) Effective bureaucratic tool
In CAMPBELL 1977, who made argument that marriage was essential for well being and building of society?
SIR BAKER
How can marriage be said to be positive for society?
- > Married people may feel more a part of society and contribute more
- > No real evidence
- > Single people proven to use public transport more often = paying into society
What did DEECH 2012 say about the effect of marriage on children?
‘Children deserve natural parents who are prepared to make the act of commitment and aspiration only found in marriage’
Controversial statistics claimed by the Conservative Party Centre for Social Justice
That children without a 2 parent (married) family were:
-> 75% more likely to fail in school
-> 35% more likely to become welfare dependant
-> Also that married relationships more stable
NO SOLID EVIDENCE
Why is the argument of marriage allowing the state to regulate relationship breakdown/property/child welfare in divorces flawed?
- > A lot of the law applies equally regardless of marital status
- > It is of no benefit that it only applies to married couples
How does marriage economically benefit the state?
- > Spouses will financially support each other, unmarried people may end up relying on the state
- > Living together takes up less room, obviously this applies to all cohabitants as well
How is marriage an effective bureaucratic tool?
- > State can regulate family life
- > Far too difficult to apply to cohabitants as they may live together and not share their lives, state would have to decide at what point the relationship should be regulate = impossible
Why are many of these benefits of marriage irrelevant reason to promote marriage?
They can apply to unmarried relationships and isn’t clear all marriages provide them
What did BENSON 2009 find when comparing un/married parents separating?
- > By the time child was 5 27% of unmarried couples had separated
- > Compared to 9% of married couples
What did the MARRIAGE FOUNDATION 2014 discover relating to unmarried parents separating?
- > Unmarried couples = 19% of parents
- > Yet account for 48% of family breakdowns
What did GOODMAN 2010 suggest was the reason for greater unmarried family breakdown?
- > Tend to be less well off than married couples, has a huge effect on relationship stability
- > ‘True cohabiting parents are more likely to split up than married ones, but there is very little evidence to suggest this is due to the causal effects of marriage itsellf’
How does the ‘type’ of people that get married differ from those who don’t?
- > Tend to be more educated, have higher income and higher occupational status
- > These factors directly effect child welfare and likelihood to split up NOT marriage itself
What did CRAWFORD 2012 say about factors other than marriage itself on child welfare?
‘This taken into account, marital status has little or no additional impact on child development’
4 rational arguments for why spousal relationships are stronger than others?
1) May indicate deeper commitment level
2) Social pressure against ending marriage
3) Legal barriers slow divorce process = more chance for reconciliation
4) Characteristics/values of unmarried couples different
Who’s research suggests there is no difference in commitment levels?
EEKLAR & MACCLEAN
-> Divorce rates show marriage is no longer for life
Who argues that marriage does show deeper commitment?
BERNSTEIN 2003
How does BERNSTEIN 2003 argue that marriage shows deeper commitment?
‘As a form of enforced commitment, state sponsored marriage facilitates investment, the sacrifice of short-term gain for the prospects of returns in the long run’
