Blackstonian Marriage, Gender, and Cohabitation

Naomi Cahn & June Carbone.

In Blumenthal v. Brewer, the Illinois Supreme Court held that it would not enforce an alleged agreement between a nonmarital couple that centered on their relationship. The National Center for Lesbian Rights argued that the court’s holding punished people who entered into a nonmarital relationship. Nancy Polikoff found the opinion “shocking.” Albertina Antognini suggests that nonmarriage cases refusing to enforce such agreements harm women. These accusations also reflect concern that Blumenthal-type results are designed to encourage marriage and penalize others.

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