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Introduction 1
A Look in the Rearview Mirror 24
Patriarchal Marriage of 1850 and Traditional Marriage of 1950: A Contrast 27
Patriarchal and Traditional Marriage: Continuities 36
Traditional Marriage and Contractual Marriage: A Contrast 44
From Contract to Politics 53
In Defense of Marriage ("When I'm Sixty-Four") 57
The Neonatural Law Defense of Traditional Marriage 58
Non-Neonatural Law Arguments Defending Traditional Marriage 69
The Utilitarian Defense of Civil Marriage 70
Communitarian Defenses of Marriage: Marriage as Commitment 89
Marriage and Its Critics ("Let's Call the Whole Thing Off") 104
The Dubious Constitutionality of Civil Marriage 106
Should We Call the Whole Thing Off? Utilitarian Arguments against Marriage 131
Some Reservations...Perhaps We Shouldn't Call the Whole Thing Off 137
Just Marriage ("We Can Work It Out") 141
Same-Sex Marriage 142
Formal Equality 149
Communitarian Values 156
Social Utilitarian Arguments 164
Social Conservative Arguments against Gay Marriage 166
Progressive Arguments against Same-SexMarriage 171
The Egalitarian Marriage Movement 179
Critics of Just Marriage 188
Conclusion: A Modest Proposal 196
Defending Marriage 199
Ending Marriage 201
The Justice of Civil Union Law 205
Civil Union and Marriage Equality: Some Contrasts 211
On Civic Modesty 215
Notes 219
Bibliography 266
Index 279
About the Author 289
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