The Case Against Marriage

Jessica Bennett and Jesse Ellison at Newsweek offer their Case Against Marriage.

Once upon a time, marriage made sense. It was how women ensured their financial security, got the fathers of their children to stick around, and gained access to a host of legal rights. But 40 years after the feminist movement established our rights in the workplace, a generation after the divorce rate peaked, and a decade after Sex and the City made singledom chic, marriage is—from a legal and practical standpoint, anyway—no longer necessary. The two of us are educated, young, urban professionals, committed to our careers, friendships, and, yes, our relationships. But we know that legally tying down those unions won’t make or break them. Women now constitute a majority of the workforce; we’re more educated, less religious, and living longer, with vacuum cleaners and washing machines to make domestic life easier. We’re also the breadwinners (or co-breadwinners) in two thirds of American families. In 2010, we know most spousal rights can be easily established outside of the law, and that Americans are cohabiting, happily, in record numbers. We have our own health care and 401(k)s and no longer need a marriage license to visit our partners in the hospital. For many of us, marriage doesn’t even mean a tax break.
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Which brings us to this question: if you’re going to wait, why do it at all? Like a fifth of young Americans, we identify as secular. We know that having children out of wedlock lost its stigma a long time ago: in 2008, 41 percent of births were to unmarried mothers, more than ever before, according to a Pew study. (Older, educated mothers make up the fastest-growing percentage of those births.) And the idea that we’d “save ourselves” for marriage? Please. As one 28-year-old man told the author of a new book on marriage: “If I had to be married to have sex, I would probably be married, as would every guy I know.” Even the legal argument for tying the knot is easily debunked. Thanks largely to the efforts of same-sex-marriage advocates, heterosexual couples have more unmarried rights to partnership now than ever. And for the rights we don’t have—well, “if you have enough money,” says Jennifer Pizer, a senior attorney at the Lambda Legal Defense and Education Fund, “you can pay lawyers to litigate just about anything.” To put the icing on the cake, it often pays to stay single: federal law favors unmarried taxpayers in almost every case—only those whose incomes are wildly unequal get a real tax break—and under President Obama’s new health plan, low-earning single people get better subsidies to buy insurance. As Diana Furchtgott-Roth, writing for the Hudson Institute, put it, “Goodbye, marriage.” As of 2013, “unwed Americans may find it even more advantageous—financially, anyway—to stay single.”