PAST ARTICLES AND EDITORIAL BOARDS
WEDLOCK ALERT:
A
COMMENT
ON LESBIAN AND
GAY FAMILY RECOGNITION
Paula L. Ettelbrick
5 J.L. & Pol'y 107 (1996)
The Hawaii Supreme Court's decision in Baehr v. Lewin placed same-sex marriage at the
forefront of national debate. While the controversy has primarily revolved around the moral
dimensions of same-sex marriage, the author argues that an equally important, but overlooked,
aspect is whether marriage, as the sole model of family recognition for homosexuals, is itself an
obstacle to the integrity of lesbian and gay family relationships that courts have already begun to
recognize. The more prudent course for gay and lesbian advocates is to be aware of the implications
of two currently competing strategies for advancing gay and lesbian rights: first, the right to same-sex marriage as the primary means of extending benefits to gay and lesbian relationships; and
second, the need for broader family definitions that are not contingent upon the existence of marital
or blood relationships.
The author argues that gay and lesbian advocates should strive for more inclusive social and
legal policies that would bestow respect and benefits for all those who assume the responsibilities
of family, whether they are married or not. While marriage has historically been the means of
affirming one's full sense of being a citizen, it need not be that way. More importantly, any law that
presumes a heterosexual relationship as the model for understanding the complexities of human
relationships keeps the gay and lesbian community outside the borders of family. In the struggle of
gay and lesbians for dignity, respect and recognition, they must bring in their vision of commitment
and care as the basis for family rather than confine themselves to the inflexibility of the marriage
model.