The Politicization of Marriage in Contemporary American Public Policy: The Defense of Marriage Act and the Personal Responsibility Act

Abstract

The sexuality politics terrain in the United States is currently marked by a complex and contradictory set of developments‐non-traditional family structures are becoming more common, popular opinion is moving in a more tolerant direction, and the lesbian and gay rights movement has enjoyed some victories, but conservative family values and patriarchal heterosexual marriage have been vigorously promoted by influential right-wing social movements and more deeply institutionalized through important public policy initiatives and court decisions. This article considers the theoretical implications of these developments with respect to the conceptual approaches to citizenship and sexuality. It then analyses two major pieces of federal legislation in depth: the Defense of Marriage Act (DOMA) and the Personal Responsibility Act (PRA). DOMA effectively encourages the states to ban same-sex marriages. The PRA is generally considered as a welfare 'reform' law that imposes compulsory 'workfare' schemes and time limits for benefit recipients. It nevertheless has a significant sexual regulation dimension. Both the religious right's campaign against same-sex marriage and the welfare reformers' attack on the rights of single mothers contribute to a reactionary politicization of marriage. In conclusion, the article contends that it is only insofar as lesbian and gay rights issues are understood more broadly as but one aspect of sexual regulation and citizenship rights struggles that we can develop more effective ways of advancing the sexual liberation movement as a whole.

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