How to Think About Marriage: Autonomy, Equality, Recognition

Abstract

There has been much debate in Ireland recently about possible changes in the law on marriage. This article proposes developing an approach to marriage based on first principles, amongst which are autonomy, equality and recognition. Several consequences of these principles are argued for, amongst which are the following. All domestic agreements (such as cohabitation contracts) should be legally enforceable, when the parties wish (subject to standard exemptions, such as protecting innocent third parties). The state may not impose one understanding of marriage on those who hold to a different understanding. The state should not allocate benefits on the basis of marriage, or any ‘marriage‐like’ relationship such as cohabitation. Arguments about state recognition of marriage are unclear; there are good reasons for thinking that there should be no state recognition of marriages. Finally, the lack of recognition accorded to those who are not in marital (or marriage‐like) relationships is unacceptable.