Abstract
The late-twentieth-century contestation over the place of marriage in American social life, and more specifically in public policy and law, shows no sign of abating in the twenty-first century. Those who celebrate personal freedom in marriage and pluralism in family forms are at odds with those who worry about the collapse of social stability and personal morality. The rising divorce rate has led some people who are anxious to preserve marriage to lobby state legislatures to enact provisions for covenant marriage, which would not permit no-fault divorce and would require a waiting period before issuance of a final divorce decree. Congress drew the line against same-sex marriage by passing the Defense of Marriage Act (DOMA) in 1996, attempting to insure that even if some states legalize same-sex mar-
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