Notes
Notes Introduction 1. Jesse McKinley and John Schwartz, “Court Rejects Same-Sex Marriage Ban in California,” New York Times, August 4, 2010. 2. The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) (P.L. 104–193), also known as the 1996 Welfare Reform Act, was signed in to law on August 22, 1996, by President Bill Clinton. 3. Linda K. Kerber, No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship (New York: Hill and Wang, 1998), preface, esp. xxii. 4. Karen Orren explores her notion of “belated feudalism” in her book of the same title. She observed this tension between feudalism and liberalism in American labor. See Karen Orren, Belated Feudalism: Labor, the Law, and Liberal Development in the United States (Cambridge: Cambridge University Press, 1991). I am grateful to Anne Norton for raising this connection to me. 5. Nancy F. Cott, Public Vows: A History of Marriage and the Nation (Cambridge, Mass.: Harvard University Press, 2000). 6. Anna Marie Smith, Welfare Reform and Sexual Regulation (New York: Cambridge University Press, 2007), 147. 7. John Locke, The Second Treatise of Civil Government, (1690) (http://www.constitution .org/jl/2ndtreat.htm), chap. 7, secs. 77 and 78. 8. Stephanie Coontz, Marriage, a History: From Obedience to Intimacy or How Love Conquered Marriage (New York: Viking, 2005); George Chauncey, Why Marriage?: The History Shaping Today’s Debate over Gay Equality (New York: Basic Books, 2004). 9. Carole Pateman, The Sexual Contract (Stanford, Calif.: Stanford University Press, 1988), 16. 10. Alexis de Tocqueville, Democracy in America (New York: Vintage, 1990), vol. 2, book 3, chapter 10, 201–2. Jean-Jacques Rousseau, in The Social Contract (1792), explained : “Marriage . . . , being a civil contract, has civil consequences without which it would be impossible for society itself to subsist.” 11. For marriage rates see Centers for Disease Control and Prevention. National Vital Statistics Reports (formerly Monthly Vital Statistics Report) (http://www.cdc.gov/ nchs/products/nvsr.htm) (accessed June 10, 2010). 12. Katherine Franke, “Becoming a Citizen: Reconstruction Era Regulation of African American Marriages,” Yale Journal of Law & the Humanities 11 (1999): 251–309. 156 Notes to Pages 7–10 13. On the relationship between family and practices of governance see Patricia Strach and Kathleen S. Sullivan, “The State’s Relations: What the Institution of Family Tells Us About Governance,” Political Science Quarterly 64, no. 1 (2011): 94–106. 14. I rely here on Karen Orren and Stephen Skowronek’s definition of “political institution .” Karen Orren and Stephen Skowronek, The Search for American Political Development (Cambridge: Cambridge University Press, 2004), 82–86. Although Orren and Skowronek do not extend their definition to include marriage, the institution is fruitfully viewed this way. 15. Ibid., 78. 16. Brenda Cossman, Sexual Citizens: The Legal and Cultural Regulation of Sex and Belonging (Stanford, Calif.: Stanford University Press, 2007), 71. 17. On the hidden role of family in the state see Patricia Strach, All in the Family: The Private Roots of American Public Policy (Stanford, Calif.: Stanford University Press, 2007). 18. There is a growing body of literature that looks at marriage and family in American political development, including Strach, All in the Family; Kathleen S. Sullivan, Constitutional Context: Women and Rights Discourse in Nineteenth-Century America, The Johns Hopkins Series in Constitutional Thought (Baltimore: Johns Hopkins University Press, 2007); Julie Novkov, Racial Union: Law, Intimacy, and the White State in Alabama, 1865–1954 (Ann Arbor: University of Michigan Press, 2008). 19. Pateman, The Sexual Contract; Susan Moller Okin, Women in Western Political Thought (Princeton, N.J.: Princeton University Press, 1979); Tamara Metz, Untying the Knot: Marriage, the State, and the Case for Their Divorce (Princeton, N.J.: Princeton University Press, 2010). 20. Cott, Public Vows; Coontz, Marriage, a History; Hendrik Hartog, Man and Wife in America: A History (Cambridge, Mass.: Harvard University Press, 2000); Michael Grossberg, Governing the Hearth: Law and the Family in Nineteenth-Century America, Studies in Legal History (Chapel Hill: University of North Carolina Press, 1985). 21. For example, this book is influenced by works of Judith Butler, Gender Trouble : Feminism and the Subversion of Identity (New York: Routledge, 1999); Joan Scott, “Gender: A Useful Category of Historical Analysis,” in Gender and the Politics of History (New York: Columbia University Press, 1988); Kimberlé Williams Crenshaw, “Mapping the Margins: Intersectionality, Identity Politics and Violence against Women of Color,” Stanford Law Review 43, no. 6 (1991): 1244–99; Michael Warner, The Trouble with Normal : Sex, Politics, and the Ethics of Queer Life (New York: Free Press...
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