Marriage and the data on same-sex couples

Abstract

With analytical and methodological aims, this paper raises the difficulties of studying how well the financial frameworks governing marriage and divorce might serve the catchment group of same-sex couples to whom they are henceforth available. It calls for disaggregating the legal content of marriage for the purposes of analysis. By reference to the empirical social science, it then sets out the basis for challenging the assumption that access to marriage on the existing terms best remedies same-sex couples' long-time legal neglect. But crucial methodological difficulties arise when looking to research in order to assess the fitness of existing marriage law for same-sex couples. The available data do not speak to key elements of marriage law. Underscoring the limits of social science research, the paper draws out the role of justice and identity claims in marriage law.

Keywords:

• same-sex marriage
• gay men and lesbians
• equality
• empirical research
• civil partnership

Acknowledgements

This research was supported by the Social Sciences and Humanities Research Council. I am grateful for the excellent research assistance provided by Justina Di Fazio. For written comments on earlier versions, I am indebted to Wendy Adams, Veronica Ashenhurst, Jérémy Boulanger-Bonnelly, Susan Boyd, Lori Chambers, Justina Di Fazio, Benjamin Freeman, Daniel Monk, Alexandra Popovici, Jeff Redding, Priyanka Timblo and Régine Tremblay. Earlier versions were presented at Wealth and Poverty in Close Personal Relationships, International Institute for the Sociology of Law, Oñati (3 May 2012), and at the Canadian Association of Law Teachers' Annual Conference, Université de Montréal (23 May 2012).