Cover

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Contents

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List of Abbreviations

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pp. ix-ix

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Introduction: Marriage as a Political Institution

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pp. 1-19

For weeks during the summer of 2010, activists, pundits, and legal scholars paid close attention as the California Supreme Court heard testimony for and against the right to same-sex marriage in the case of . . .

Part I Historical Development

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Chapter 1. The “Duties as Well as Privileges of Freedom”

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pp. 23-46

After the Civil War, agents of the federal Bureau of Refugees, Freedmen and Abandoned Lands (the Freedmen’s Bureau), charged with inculcating former slaves with the precepts of freedom and American citizenship, imposed . . .

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Chapter 2. “What Constitutes a Valid Marriage?”

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pp. 47-69

In an 1881 essay that won a New York University Law School prize, lawyer Charles Noble lamented “the contradictory and indefinite rules which come to us from various parts of the United States, when we ask this most . . .

Part II. The Long Culture Wars

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Chapter 3. “Marriage Is One of the Basic Civil Rights of Man”

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pp. 73-98

Chief Justice Earl Warren, writing for the majority in Loving v. Virginia in 1967, asserted that “marriage is one of the ‘basic civil rights of man,’ fundamental to our very existence and survival.”1 The court claimed that . . .

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Chapter 4. “Marriage Is the Foundation of a Successful Society”

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pp. 99-121

The political and cultural challenges sparked in the 1960s and early 1970s by the civil rights movement, feminism, gay liberation, and the counterculture congealed by the 1990s into what came to be known as the “culture wars.” . . .

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Chapter 5. “We’re in a Battle for the Soul of the Nation”

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pp. 122-146

In the wake of the 1996 PRWORA and DOMA legislation, two major developments in the political institution of marriage challenged the settlements temporarily secured by those landmark acts. One was the emergence of a . . .

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Conclusion: “Is There Hope for the American Marriage?”

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pp. 147-154

I set out in this project with two central aims: to understand the role of marriage in U.S. politics, and to understand the role of U.S. politics in marriage. I approached these questions historically in order to examine the development . . .

Notes

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pp. 155-183

Bibliography

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pp. 185-196

Index

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pp. 197-209

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Acknowledgments

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pp. 211-212

This book is long overdue and I am glad to have the chance to recognize here the many people who helped me get to this point. I thank Rick Vallely for recommending this book for the series and for his continued support of the . . .