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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF
CALIFORNIA

Case number: 09-2292


ANDREW J. CHERLIN Johns Hopkins University
PLTF/DEFT EXHIBIT NO. DIX49

Date admitted: ________________

By: ___________________________

The Deinstitutionalization of American Marriage

This article argues that marriage has under- when it is appropriate to discipline a child. I
gone a process of deinstitutionalization—a predicted that, over time, as remarriage after
weakening of the social norms that define part- divorce became common, norms would begin
ners’ behavior—over the past few decades. Ex- to emerge concerning proper behavior in step-
amples are presented involving the increasing families—for example, what kind of relationship
number and complexity of cohabiting unions a stepfather should have with his stepchildren.
and the emergence of same-sex marriage. Two In other words, I expected that remarriage
transitions in the meaning of marriage that would become institutionalized, that it would
occurred in the United States during the 20th become more like first marriage. But just the
century have created the social context for opposite has happened. Remarriage has not
deinstitutionalization. The first transition, noted become more like first marriage; rather, first
by Ernest Burgess, was from the institutional marriage has become more like remarriage.
marriage to the companionate marriage. The Instead of the institutionalization of remarriage,
second transition was to the individualized mar- what has occurred over the past few decades is
riage in which the emphasis on personal choice the deinstitutionalization of marriage. Yes, re-
and self-development expanded. Although the marriage is an incomplete institution, but now,
practical importance of marriage has declined, so is first marriage—and for that matter, cohabi-
its symbolic significance has remained high and tation.
may even have increased. It has become a By deinstitutionalization I mean the weaken-
marker of prestige and personal achievement. ing of the social norms that define people’s
Examples of its symbolic significance are behavior in a social institution such as marriage.
presented. The implications for the current state In times of social stability, the taken-for-granted
of marriage and its future direction are nature of norms allows people to go about their
discussed. lives without having to question their actions or
the actions of others. But when social change
produces situations outside the reach of estab-
A quarter century ago, in an article entitled lished norms, individuals can no longer rely on
‘‘Remarriage as an Incomplete Institution’’ shared understandings of how to act. Rather,
(Cherlin, 1978), I argued that American society they must negotiate new ways of acting, a pro-
lacked norms about the way that members of cess that is a potential source of conflict and
stepfamilies should act toward each other. Par- opportunity. On the one hand, the development
ents and children in first marriages, in contrast, of new rules is likely to engender disagreement
could rely on well-established norms, such as and tension among the relevant actors. On the
other hand, the breakdown of the old rules of
a gendered institution such as marriage could
Department of Sociology, Johns Hopkins University, 556 lead to the creation of a more egalitarian rela-
Mergenthaler Hall, Baltimore, MD 21218 (cherlin@jhu.edu). tionship between wives and husbands.
Key Words: cohabitation, marriage, remarriage, same-sex This perspective, I think, can help us under-
marriage. stand the state of contemporary marriage. It

848 Journal of Marriage and Family 66 (November 2004): 848–861


ANDREW J. CHERLIN Johns Hopkins University

The Deinstitutionalization of American Marriage

This article argues that marriage has under- when it is appropriate to discipline a child. I
gone a process of deinstitutionalization—a predicted that, over time, as remarriage after
weakening of the social norms that define part- divorce became common, norms would begin
ners’ behavior—over the past few decades. Ex- to emerge concerning proper behavior in step-
amples are presented involving the increasing families—for example, what kind of relationship
number and complexity of cohabiting unions a stepfather should have with his stepchildren.
and the emergence of same-sex marriage. Two In other words, I expected that remarriage
transitions in the meaning of marriage that would become institutionalized, that it would
occurred in the United States during the 20th become more like first marriage. But just the
century have created the social context for opposite has happened. Remarriage has not
deinstitutionalization. The first transition, noted become more like first marriage; rather, first
by Ernest Burgess, was from the institutional marriage has become more like remarriage.
marriage to the companionate marriage. The Instead of the institutionalization of remarriage,
second transition was to the individualized mar- what has occurred over the past few decades is
riage in which the emphasis on personal choice the deinstitutionalization of marriage. Yes, re-
and self-development expanded. Although the marriage is an incomplete institution, but now,
practical importance of marriage has declined, so is first marriage—and for that matter, cohabi-
its symbolic significance has remained high and tation.
may even have increased. It has become a By deinstitutionalization I mean the weaken-
marker of prestige and personal achievement. ing of the social norms that define people’s
Examples of its symbolic significance are behavior in a social institution such as marriage.
presented. The implications for the current state In times of social stability, the taken-for-granted
of marriage and its future direction are nature of norms allows people to go about their
discussed. lives without having to question their actions or
the actions of others. But when social change
produces situations outside the reach of estab-
A quarter century ago, in an article entitled lished norms, individuals can no longer rely on
‘‘Remarriage as an Incomplete Institution’’ shared understandings of how to act. Rather,
(Cherlin, 1978), I argued that American society they must negotiate new ways of acting, a pro-
lacked norms about the way that members of cess that is a potential source of conflict and
stepfamilies should act toward each other. Par- opportunity. On the one hand, the development
ents and children in first marriages, in contrast, of new rules is likely to engender disagreement
could rely on well-established norms, such as and tension among the relevant actors. On the
other hand, the breakdown of the old rules of
a gendered institution such as marriage could
Department of Sociology, Johns Hopkins University, 556 lead to the creation of a more egalitarian rela-
Mergenthaler Hall, Baltimore, MD 21218 (cherlin@jhu.edu). tionship between wives and husbands.
Key Words: cohabitation, marriage, remarriage, same-sex This perspective, I think, can help us under-
marriage. stand the state of contemporary marriage. It

848 Journal of Marriage and Family 66 (November 2004): 848–861


Deinstitutionalization of American Marriage 849

may even assist in the risky business of predict- The Growth of Cohabitation
ing the future of marriage. To some extent, sim-
In the 1970s, neither I nor most other American
ilar changes in marriage have occurred in the
researchers foresaw the greatly increased role of
United States, Canada, and much of Europe, but
cohabitation in the adult life course. We thought
the American situation may be distinctive. Con-
that, except among the poor, cohabitation would
sequently, although I include information about
remain a short-term arrangement among child-
Canadian and European families, I focus mainly
less young adults who would quickly break up
on the United States.
or marry. But it has become a more prevalent
and more complex phenomenon. For example,
THE DEINSTITUTIONALIZATION
cohabitation has created an additional layer of
OF MARRIAGE
complexity in stepfamilies. When I wrote my
Even as I was writing my 1978 article, the article, nearly all stepfamilies were formed by
changing division of labor in the home and the the remarriage of one or both spouses. Now,
increase in childbearing outside marriage were about one fourth of all stepfamilies in the
undermining the institutionalized basis of mar- United States, and one half of all stepfamilies in
riage. The distinct roles of homemaker and Canada, are formed by cohabitation rather than
breadwinner were fading as more married marriage (Bumpass, Raley, & Sweet, 1995; Sta-
women entered the paid labor force. Looking tistics Canada, 2002). It is not uncommon, espe-
into the future, I thought that perhaps an equita- cially among the low-income population, for
ble division of household labor might become a woman to have a child outside marriage, end
institutionalized. But what happened instead her relationship with that partner, and then
was the ‘‘stalled revolution,’’ in Hochschild’s begin cohabiting with a different partner. This
(1989) well-known phrase. Men do somewhat new union is equivalent in structure to a step-
more home work than they used to do, but there family but does not involve marriage. Some-
is wide variation, and each couple must work times the couple later marries, and if neither has
out their own arrangement without clear guide- been married before, their union creates a first
lines. In addition, when I wrote the article, 1 out marriage with stepchildren. As a result, we now
of 6 births in the United States occurred outside see an increasing number of stepfamilies that do
marriage, already a much higher ratio than at not involve marriage, and an increasing number
midcentury (U.S. National Center for Health of first marriages that involve stepfamilies.
Statistics, 1982). Today, the comparable figure More generally, cohabitation is becoming
is 1 out of 3 (U.S. National Center for Health accepted as an alternative to marriage. British
Statistics, 2003). The percentage is similar in demographer Kathleen Kiernan (2002) writes
Canada (Statistics Canada, 2003) and in the that the acceptance of cohabitation is occurring
United Kingdom and Ireland (Kiernan, 2002). in stages in European nations, with some na-
In the Nordic countries of Denmark, Iceland, tions further along than others. In stage one,
Norway, and Sweden, the figure ranges from cohabitation is a fringe or avant garde phenome-
about 45% to about 65% (Kiernan). Marriage is non; in stage two, it is accepted as a testing
no longer the nearly universal setting for child- ground for marriage; in stage three, it becomes
bearing that it was a half century ago. acceptable as an alternative to marriage; and in
Both of these developments—the changing stage four, it becomes indistinguishable from
division of labor in the home and the increase in marriage. Sweden and Denmark, she argues,
childbearing outside marriage—were well under have made the transition to stage four; in con-
way when I wrote my 1978 article, as was trast, Mediterranean countries such as Spain,
a steep rise in divorce. Here I discuss two more Italy, and Greece remain in stage one. In the
recent changes in family life, both of which early 2000s, the United States appeared to be in
have contributed to the deinstitutionalization of transition from stage two to stage three (Smock
marriage after the 1970s: the growth of cohabi- & Gupta, 2002). A number of indicators sug-
tation, which began in the 1970s but was not gested that the connection between cohabitation
fully appreciated until it accelerated in the and marriage was weakening. The proportion of
1980s and 1990s, and same-sex marriage, cohabiting unions that end in marriage within
which emerged as an issue in the 1990s and has 3 years dropped from 60% in the 1970s to
come to the fore in the current decade. about 33% in the 1990s (Smock & Gupta),
850 Journal of Marriage and Family

suggesting that fewer cohabiting unions were distinctions between married and unmarried
trial marriages (or that fewer trial marriages same-sex and opposite-sex couples were elimi-
were succeeding). In fact, Manning and Smock nated for couples who have lived together for at
(2003) reported that among 115 cohabiting least a year. Still, the Supreme Court of Canada
working-class and lower middle-class adults ruled in 2002 that when cohabiting partners dis-
who were interviewed in depth, none said that solve their unions, they do not have to divide
he or she was deciding between marriage and their assets equally, nor can one partner be com-
cohabitation at the start of the union. Moreover, pelled to pay maintenance payments to the
only 36% of adults in the 2002 United States other, even when children are involved (Nova
General Social Survey disagreed with the state- Scotia [Attorney General] v. Walsh, 2002). In
ment, ‘‘It is alright for a couple to live together France, unmarried couples may enter into Civil
without intending to get married’’ (Davis, Solidarity Pacts, which give them most of the
Smith, & Marsden, 2003). And a growing share rights and responsibilities of married couples
of births to unmarried women in the United after the pact has existed for 3 years (Daley,
States (about 40% in the 1990s) were to cohab- 2000). Several other countries have instituted
iting couples (Bumpass & Lu, 2000). The com- registered partnerships (Lyall, 2004).
parable share was about 60% in Britain
(Ermisch, 2001).
The Emergence of Same-Sex Marriage
Canada appears to have entered stage three
(Smock & Gupta, 2002). Sixty-nine percent of The most recent development in the deinstitu-
births to unmarried women were to cohabiting tionalization of marriage is the movement to
couples in 1997 and 1998 (Juby, Marcil- legalize same-sex marriage. It became a public
Gratton, & Le Bourdais, in press). More- issue in the United States in 1993, when the
over, the national figures for Canada mask Hawaii Supreme Court ruled that a state law
substantial provincial variation. In particular, restricting marriage to opposite-sex couples
the rise in cohabitation has been far greater in violated the Hawaii state constitution (Baehr
Quebec than elsewhere in Canada. In 1997 and v. Lewin, 1993). Subsequently, Hawaii voters
1998, 84% of unmarried women who gave birth passed a state constitutional amendment barring
in Quebec were cohabiting (Juby, Marcil- same-sex marriage. In 1996, the United States
Gratton, & Le Bourdais). And four out of five Congress passed the Defense of Marriage Act,
Quebeckers entering a first union did so by which allowed states to refuse to recognize
cohabiting rather than marrying (Le Bourdais & same-sex marriages licensed in other states. The
Juby, 2002). The greater acceptance of cohabi- act’s constitutionality has not been tested as of
tation in Quebec seems to have a cultural basis. this writing because until recently, no state al-
Francophone Quebeckers have substantially lowed same-sex marriages. However, in 2003,
higher likelihoods of cohabiting than do the Massachusetts Supreme Court struck down
English-speaking Quebeckers or Canadians in a state law limiting marriage to opposite-sex
the other English-speaking provinces (Statistics couples, and same-sex marriage became legal in
Canada, 1997). Céline Le Bourdais and Nicole May 2004 (although opponents may eventually
Marcil-Gratton (1996) argue that Francophone succeed in prohibiting it through a state consti-
Quebeckers draw upon a French, rather than tutional amendment). The issue has developed
Anglo-Saxon, model of family life. In fact, further in Canada: In the early 2000s, courts in
levels of cohabitation in Quebec are similar to British Columbia, Ontario, and Quebec ruled
levels in France, whereas levels in English- that laws restricting marriage to opposite-sex
speaking Canada and in the United States are couples were discriminatory, and it appears
more similar to the lower levels in Great Britain likely that the federal government will legalize
(Kiernan, 2002). gay marriage throughout the nation. Although
To be sure, cohabitation is becoming more social conservatives in the United States are
institutionalized. In the United States, states and seeking a federal constitutional amendment, I
municipalities are moving toward granting co- think it is reasonable to assume that same-sex
habiting couples some of the rights and respon- marriage will be allowed in at least some North
sibilities that married couples have. Canada American jurisdictions in the future. In Europe,
has gone further: Under the Modernization of same-sex marriage has been legalized in
Benefits and Obligations Act of 2000, legal Belgium and The Netherlands.
Deinstitutionalization of American Marriage 851

Lesbian and gay couples who choose to meaning of marriage during the 20th century.
marry must actively construct a marital world The cultural trends included, first, an emphasis
with almost no institutional support. Lesbians on emotional satisfaction and romantic love
and gay men already use the term ‘‘family’’ to that intensified early in the century. Then, dur-
describe their close relationships, but they usu- ing the last few decades of the century, an ethic
ally mean something different from the standard of expressive individualism—which Bellah,
marriage-based family. Rather, they often refer Marsden, Sullivan, Swidler, & Tipton (1985)
to what sociologists have called a ‘‘family of describe as the belief that ‘‘each person has
choice’’: one that is formed largely through vol- a unique core of feeling and intuition that
untary ties among individuals who are not bio- should unfold or be expressed if individuality is
logically or legally related (Weeks, Heaphy, & to be realized’’ (p. 334)—became more impor-
Donovan, 2001; Weston, 1991). Now they face tant. On the material side, the trends include the
the task of integrating marriages into these decline of agricultural labor and the correspond-
larger networks of friends and kin. The partners ing increase in wage labor; the decline in child
will not even have the option of falling back on and adult mortality; rising standards of living;
the gender-differentiated roles of heterosexual and, in the last half of the 20th century, the
marriage. This is not to say that there will be no movement of married women into the paid
division of labor; one study of gay and lesbian workforce.
couples found that in homes where one partner These developments, along with historical
works longer hours and earns substantially more events such as the Depression and World War
than the other partner, the one with the less II, produced two great changes in the meaning
demanding, lower paying job did more house- of marriage during the 20th century. Ernest Bur-
work and more of the work of keeping in touch gess famously labeled the first one as a transi-
with family and friends. The author suggests tion ‘‘from an institution to a companionship’’
that holding a demanding professional or mana- (Burgess & Locke, 1945). In describing the rise
gerial job may make it difficult for a person to of the companionate marriage, Burgess was
invest fully in sharing the work at home, regard- referring to the single-earner, breadwinner-
less of gender or sexual orientation (Carrington, homemaker marriage that flourished in the
1999). 1950s. Although husbands and wives in the
We might expect same-sex couples who have companionate marriage usually adhered to
children, or who wish to have children through a sharp division of labor, they were supposed to
adoption or donor insemination, to be likely to be each other’s companions—friends, lovers—
avail themselves of the option of marriage. (Ac- to an extent not imagined by the spouses in the
cording to the United States Census Bureau institutional marriages of the previous era. The
[2003b], 33% of women in same-sex partner- increasing focus on bonds of sentiment within
ships and 22% of men in same-sex partnerships nuclear families constituted an important but
had children living with them in 2000.) Basic limited step in the individualization of family
issues, such as who would care for the children, life. Much more so than in the 19th century, the
would have to be resolved family by family. emotional satisfaction of the spouses became an
The obligations of the partners to each other fol- important criterion for marital success. How-
lowing a marital dissolution have also yet to be ever, through the 1950s, wives and husbands
worked out. In these and many other ways, gay tended to derive satisfaction from their partici-
and lesbian couples who marry in the near pation in a marriage-based nuclear family
future would need to create a marriage-centered (Roussel, 1989). That is to say, they based their
kin network through discussion, negotiation, gratification on playing marital roles well: being
and experiment. good providers, good homemakers, and respon-
sible parents.
During this first change in meaning, marriage
Two Transitions in the Meaning of Marriage
remained the only socially acceptable way to
In a larger sense, all of these develop- have a sexual relationship and to raise children
ments—the changing division of labor, child- in the United States, Canada, and Europe, with
bearing outside of marriage, cohabitation, and the possible exception of the Nordic countries.
gay marriage—are the result of long-term In his history of British marriages, Gillis (1985)
cultural and material trends that altered the labeled the period from 1850 to 1960 the ‘‘era
852 Journal of Marriage and Family

of mandatory marriage.’’ In the United States, and husbands became more flexible and open to
marriage and only marriage was one’s ticket of negotiation. And an even more individualistic
admission to a full family life. Prior to marry- perspective on the rewards of marriage took
ing, almost no one cohabited with a partner root. When people evaluated how satisfied they
except among the poor and the avant garde. As were with their marriages, they began to think
recently as the 1950s, premarital cohabitation in more in terms of the development of their own
the United States was restricted to a small sense of self and the expression of their feel-
minority (perhaps 5%) of the less educated ings, as opposed to the satisfaction they gained
(Bumpass, Sweet, & Cherlin, 1991). In the early through building a family and playing the roles
1950s, only about 4% of children were born of spouse and parent. The result was a transition
outside marriage (U.S. National Center for from the companionate marriage to what we
Health Statistics, 1982). In fact, during the late might call the individualized marriage.
1940s and the 1950s, major changes that The transition to the individualized marriage
increased the importance of marriage occurred began in the 1960s and accelerated in the 1970s,
in the life course of young adults. More peo- as shown by an American study of the changing
ple married—about 95% of young adults in themes in popular magazine articles offering
the United States in the 1950s, compared with marital advice in every decade between 1900
about 90% early in the century (Cherlin, and 1979 (Cancian, 1987). The author identified
1992)—and they married at younger ages. three themes that characterized beliefs about the
Between 1900 and 1960, the estimated median post-1960-style marriage. The first was self-
age at first marriage in the United States fell development: Each person should develop a
from 26 to 23 for men, and from 22 to 20 for fulfilling, independent self instead of merely sac-
women (U.S. Census Bureau, 2003a). The birth rificing oneself to one’s partner. The second was
rate, which had been falling for a century or that roles within marriage should be flexible and
more, increased sharply, creating the ‘‘baby negotiable. The third was that communication
boom.’’ The post-World War II increase in mar- and openness in confronting problems are essen-
riage and childbearing also occurred in many tial. She then tallied the percentage of articles in
European countries (Roussel, 1989). each decade that contained one or more of these
But beginning in the 1960s, marriage’s domi- three themes. About one third of the articles in
nance began to diminish, and the second great the first decade of the century, and again at mid-
change in the meaning of marriage occurred. In century, displayed these themes, whereas about
the United States, the median age at marriage two thirds displayed these themes in the 1970s.
returned to and then exceeded the levels of the The author characterized this transition as a shift
early 1900s. In 2000, the median age was 27 for in emphasis ‘‘from role to self’’ (Cancian).
men and 25 for women (U.S. Census Bureau, During this second change in the meaning of
2003a). Many young adults stayed single into marriage, the role of the law changed signifi-
their mid to late 20s, some completing college cantly as well. This transformation was most
educations and starting careers. Cohabitation apparent in divorce law. In the United States
prior to (and after) marriage became much more and most other developed countries, legal re-
acceptable. Childbearing outside marriage be- strictions on divorce were replaced by statutes
came less stigmatized and more accepted. Birth that recognized consensual and even unilateral
rates resumed their long-term declines and sunk divorce. The transition to ‘‘private ordering’’
to all-time lows in most countries. Divorce rates (Mnookin & Kornhauser, 1979) allowed cou-
rose to unprecedented levels. Same-sex unions ples to negotiate the details of their divorce
found greater acceptance as well. agreements within broad limits. Most European
During this transition, the companionate mar- nations experienced similar legal developments
riage lost ground not only as the demographic (Glendon, 1989; Théry, 1993). Indeed, French
standard but also as a cultural ideal. It was grad- social demographer Louis Roussel (1989) wrote
ually overtaken by forms of marriage (and non- of a ‘‘double deinstitutionalization’’ in behavior
marital families) that Burgess had not foreseen, and in law: a greater hesitation of young adults
particularly marriages in which both the hus- to enter into marriage, combined with a loosen-
band and the wife worked outside the home. ing of the legal regulation of marriage.
Although women continued to do most of the Sociological theorists of late modernity (or
housework and child care, the roles of wives postmodernity) such as Anthony Giddens
Deinstitutionalization of American Marriage 853

(1991, 1992) in Britain and Ulrich Beck and a partner, or sequentially with several partners,
Elisabeth Beck-Gernsheim in Germany (1995, without an explicit consideration of whether
2002) also have written about the growing indi- a marriage will occur. One may have children
vidualization of personal life. Consistent with with one’s eventual spouse or with someone
the idea of deinstitutionalization, they note the else before marrying. One may, in some juris-
declining power of social norms and laws as reg- dictions, marry someone of the same gender
ulating mechanisms for family life, and they and build a shared marital world with few
stress the expanding role of personal choice. guidelines to rely on. Within marriage, roles are
They argue that as traditional sources of identity more flexible and negotiable, although women
such as class, religion, and community lose still do more than their share of the household
influence, one’s intimate relationships become work and childrearing.
central to self-identity. Giddens (1991, 1992) The second difference is in the nature of the
writes of the emergence of the ‘‘pure relation- rewards that people seek through marriage and
ship’’: an intimate partnership entered into for its other close relationships. Individuals aim for
own sake, which lasts only as long as both part- personal growth and deeper intimacy through
ners are satisfied with the rewards (mostly inti- more open communication and mutually shared
macy and love) that they get from it. It is in disclosures about feelings with their partners.
some ways the logical extension of the increas- They may feel justified in insisting on changes
ing individualism and the deinstitutionalization in a relationship that no longer provides them
of marriage that occurred in the 20th century. with individualized rewards. In contrast, they
The pure relationship is not tied to an institu- are less likely than in the past to focus on the re-
tion such as marriage or to the desire to raise wards to be found in fulfilling socially valued
children. Rather, it is ‘‘free-floating,’’ indepen- roles such as the good parent or the loyal and
dent of social institutions or economic life. Unlike supportive spouse. The result of these changing
marriage, it is not regulated by law, and its mem- contexts has been a deinstitutionalization of
bers do not enjoy special legal rights. It exists pri- marriage, in which social norms about family
marily in the realms of emotion and self-identity. and personal life count for less than they did
Although the theorists of late modernity during the heyday of the companionate mar-
believe that the quest for intimacy is becoming riage, and far less than during the period of the
the central focus of personal life, they do not institutional marriage. Instead, personal choice
predict that marriage will remain distinctive and self-development loom large in people’s
and important. Marriage, they claim, has construction of their marital careers.
become a choice rather than a necessity for
adults who want intimacy, companionship,
WHY DO PEOPLE STILL MARRY?
and children. According to Beck and Beck-
Gernsheim (1995), we will see ‘‘a huge variety There is a puzzle within the story of deinstitu-
of ways of living together or apart which will tionalization that needs solving. Although fewer
continue to exist side by side’’ (pp. 141–142). Americans are marrying than during the peak
Giddens (1992) even argues that marriage has years of marriage in the mid-20th century,
already become ‘‘just one life-style among most—nearly 90%, according to a recent esti-
others’’ (p. 154), although people may not yet mate (Goldstein & Kenney, 2001)—will even-
realize it because of institutional lag. tually marry. A survey of high school seniors
conducted annually since 1976 shows no
decline in the importance they attach to mar-
The Current Context of Marriage
riage. The percentage of young women who
Overall, research and writing on the changing respond that they expect to marry has stayed
meaning of marriage suggest that it is now situ- constant at roughly 80% (and has increased
ated in a very different context than in the past. from 71% to 78% for young men). The percent-
This is true in at least two senses. First, individ- age who respond that ‘‘having a good marriage
uals now experience a vast latitude for choice in and family life’’ is extremely important has also
their personal lives. More forms of marriage remained constant, at about 80% for young
and more alternatives to marriage are socially women and 70% for young men (Thornton &
acceptable. Moreover, one may fit marriage into Young-DeMarco, 2001). What is more, in the
one’s life in many ways: One may first live with 1990s and early 2000s, a strong promarriage
854 Journal of Marriage and Family

movement emerged among gay men and lesbi- tection. In the 1950s, half of all unmarried preg-
ans in the United States, who sought the right to nant women in the United States married before
marry with increasing success. Clearly, mar- the birth of their child, whereas in the 1990s,
riage remains important to many people in the only one fourth married (U.S. Census Bureau,
United States. Consequently, I think the inter- 1999). Finally, evolutionary theory cannot
esting question is not why so few people are explain the persistence of the formal wedding
marrying, but rather, why so many people are style in which people are still marrying (see
marrying, or planning to marry, or hoping to below). Studies of preindustrial societies have
marry, when cohabitation and single parent- found that although many have elaborate ceremo-
hood are widely acceptable options. (This ques- nies, others have little or no ceremony (Ember,
tion may be less relevant in Canada and the Ember, & Peregrine, 2002; Stephens, 1963).
many European nations where the estimated The mid-20th century specialization model of
proportions of who will ever marry are lower.) economist Gary Becker (1965, 1981) also
seems less relevant than when it was intro-
duced. Becker assumed that women were rela-
The Gains to Marriage
tively more productive at home than men, and
The dominant theoretical perspectives on mar- that men were relatively more productive (i.e.,
riage in the 20th century do not provide much they could earn higher wages) in the labor mar-
guidance on the question of why marriage re- ket. He argued that women and men could
mains so popular. The structural functionalists increase their utility by exchanging, through
in social anthropology and sociology in the marriage, women’s home work for men’s labor
early- to mid-20th century emphasized the role market work. The specialization model would
of marriage in ensuring that a child would have predict that in the present era, women with less
a link to the status of a man, a right to his pro- labor market potential would be more likely to
tection, and a claim to inherit his property marry because they would gain the most econom-
(Mair, 1971). But as the law began to recognize ically from finding a husband. But several studies
the rights of children born outside marriage, and show that in recent decades, women in the United
as mothers acquired resources by working in States and Canada with less education (and there-
the paid work force, these reasons for marriage fore less labor market potential) are less likely to
become less important. marry (Lichter, McLaughlin, Kephart, & Landry,
Nor is evolutionary theory very helpful. 1992; Oppenheimer, Blossfeld, & Wackerow,
Although there may be important evolutionary 1995; Qian & Preston, 1993; Sweeney, 2002;
influences on family behavior, it is unlikely that Turcotte & Goldscheider, 1998). This finding
humans have developed an innate preference suggests that the specialization model may no
for marriage as we know it. The classical longer hold. Moreover, the specialization model
account of our evolutionary heritage is that was developed before cohabitation was wide-
women, whose reproductive capacity is limited spread, and offers no explanation for why cou-
by pregnancy and lactation (which delays the ples would marry rather than cohabit.
return of ovulation), seek stable pair bonds with From a rational choice perspective, then,
men, whereas men seek to maximize their fertil- what benefits might contemporary marriage
ity by impregnating many women. Rather than offer that would lead cohabiting couples to
being ‘‘natural,’’ marriage-centered kinship was marry rather than cohabit? I suggest that the
described in much early- and mid-20th century major benefit is what we might call enforceable
anthropological writing as the social invention trust (Cherlin, 2000; Portes & Sensenbrenner,
that solved the problem of the sexually wander- 1993). Marriage still requires a public commit-
ing male (Tiger & Fox, 1971). Moreover, when ment to a long-term, possibly lifelong relation-
dependable male providers are not available, ship. This commitment is usually expressed in
women may prefer a reproductive strategy of front of relatives, friends, and religious con-
relying on a network of female kin and more gregants. Cohabitation, in contrast, requires
than one man (Hrdy, 1999). In addition, mar- only a private commitment, which is easier to
riages are increasingly being formed well after break. Therefore, marriage, more so than cohab-
a child is born, yet evolutionary theory suggests itation, lowers the risk that one’s partner will
that the impetus to marry should be greatest renege on agreements that have been made. In
when newborn children need support and pro- the language of economic theory, marriage
Deinstitutionalization of American Marriage 855

lowers the transaction costs of enforcing agree- may even have increased. Marriage is at once
ments between the partners (Pollak, 1985). It al- less dominant and more distinctive than it was.
lows individuals to invest in the partnership It has evolved from a marker of conformity to
with less fear of abandonment. For instance, it a marker of prestige. Marriage is a status one
allows the partners to invest financially in joint builds up to, often by living with a partner
long-term purchases such as homes and auto- beforehand, by attaining steady employment or
mobiles. It allows caregivers to make relation- starting a career, by putting away some savings,
ship-specific investments (England & Farkas, and even by having children. Marriage’s place
1986) in the couple’s children—investments of in the life course used to come before those in-
time and effort that, unlike strengthening one’s vestments were made, but now it often comes
job skills, would not be easily portable to afterward. It used to be the foundation of adult
another intimate relationship. personal life; now it is sometimes the capstone.
Nevertheless, the difference in the amount of It is something to be achieved through one’s
enforceable trust that marriage brings, compared own efforts rather than something to which one
with cohabitation, is eroding. Although relatives routinely accedes.
and friends will view a divorce with disappoint-
ment, they will accept it more readily than their How Low-Income Individuals See Marriage
counterparts would have two generations ago.
As I noted, cohabiting couples are increasingly Paradoxically, it is among the lower social strata
gaining the rights previously reserved to married in the United States, where marriage rates are
couples. It seems likely that over time, the legal lowest, that both the persistent preference for
differences between cohabitation and marriage marriage and its changing meaning seem clear-
will become minimal in the United States, Cana- est. Although marriage is optional and often
da, and many European countries. The advan- foregone, it has by no means faded away among
tage of marriage in enhancing trust will then the poor and near poor. Instead, it is a much
depend on the force of public commitments, sought-after but elusive goal. They tell observ-
both secular and religious, by the partners. ers that they wish to marry, but will do so only
In general, the prevailing theoretical perspec- when they are sure they can do it successfully:
tives are of greater value in explaining why mar- when their partner has demonstrated the ability
riage has declined than why it persists. With to hold a decent job and treat them fairly and
more women working outside the home, the pre- without abuse, when they have a security
dictions of the specialization model are less rele- deposit or a down payment for a decent apart-
vant. Although the rational choice theorists ment or home, and when they have enough in
remind us that marriage still provides enforce- the bank to pay for a nice wedding party for
able trust, it seems clear that its enforcement family and friends. Edin and Kefalas (forthcom-
power is declining. Recently, evolutionary theo- ing), who studied childbearing and intimate re-
rists have argued that women who have difficulty lationships among 165 mothers in 8 low- and
finding men who are reliable providers might moderate-income Philadelphia neighborhoods,
choose a reproductive strategy that involves sin- wrote, ‘‘In some sense, marriage is a form of
gle parenthood and kin networks, a strategy that social bragging about the quality of the couple
is consistent with changes that have occurred in relationship, a powerfully symbolic way of ele-
low-income families. And although the insights vating one’s relationship above others in the
of the theorists of late modernity help us under- community, particularly in a community where
stand the changing meaning of marriage, they marriage is rare.’’
predict that marriage will lose its distinctive sta- Along with several collaborators, I am con-
tus, and indeed may already have become just ducting a study of low-income families in three
one lifestyle among others. Why, then, are so United States cities. The ethnographic compo-
many people still marrying? nent of that study is directed by Linda Burton of
Pennsylvania State University. A 27-year-old
mother told one of our ethnographers:
The Symbolic Significance of Marriage
I was poor all my life and so was Reginald.
What has happened is that although the practi- When I got pregnant, we agreed we would marry
cal importance of being married has declined, some day in the future because we loved each
its symbolic importance has remained high, and other and wanted to raise our child together. But
856 Journal of Marriage and Family

we would not get married until we could afford eventual divorce,’’ and 82% agreed that ‘‘It is
to get a house and pay all the utility bills on time. extremely important to you to be economically
I have this thing about utility bills. Our gas and
electric got turned off all the time when we were set before you get married.’’ Moreover, most
growing up and we wanted to make sure that indicated a view of marriage as centered on inti-
would not happen when we got married. That macy and love more than on practical matters
was our biggest worry. . We worked together such as finances and children. Ninety-four per-
and built up savings and then we got married. It’s cent of those who had never married agreed that
forever for us.
‘‘when you marry, you want your spouse to be
Another woman in our study, already living your soul mate, first and foremost.’’ In contrast,
with the man she was engaged to and had chil- only 16% agreed that ‘‘the main purpose of
dren with, told an ethnographer she was not yet marriage these days is to have children.’’ And
ready to marry him: over 80% of the women agreed that it is more
important ‘‘to have a husband who can commu-
But I’m not ready to do that yet. I told him, we’re nicate about his deepest feelings than to have
not financially ready yet. He knows that. I told
him by the end of this year, maybe. I told him a husband who makes a good living.’’ The au-
that last year. Plus, we both need to learn to con- thors of the report conclude, ‘‘While marriage is
trol our tempers, you could say. He doesn’t losing much of its broad public and institutional
understand that bills and kids and [our relation- character, it is gaining popularity as a Super-
ship] come first, not [his] going out and getting Relationship, an intensely private spiritualized
new clothes or [his] doing this and that. It’s the
kids, then us. He gets paid good, about five hun- union, combining sexual fidelity, romantic love,
dred dollars a week. How hard is it to give me emotional intimacy, and togetherness’’ (p. 13).
money and help with the bills?

Note that for this woman, more is required of The Wedding as a Status Symbol
a man than a steady job before he is marriage- Even the wedding has become an individual
able. He has to learn to turn over most of his achievement. In the distant past, a wedding was
paycheck to his family rather than spending it an event at which two kinship groups formed an
on his friends and himself. He must put his rela- alliance. More recently, it has been an event
tionship with his partner ahead of running with organized and paid for by parents, at which they
his single male friends, a way of saying that display their approval and support for their
a husband must place a priority on providing child’s marriage. In both cases, it has been the
companionship and intimacy to his wife and on ritual that provides legal and social approval for
being sexually faithful. And he and his partner having children. But in keeping with the deinsti-
have to learn to control their tempers, a vague tutionalization of marriage, it is now becoming
referent to the possibility that physical abuse an event centered on and often controlled by the
exists in the relationship. In sum, the demands couple themselves, having less to do with fam-
low-income women place on men include not ily approval or having children than in the past.
just a reliable income, as important as that is, One might assume, then, that weddings would
but also a commitment to put family first, pro- become smaller and that many couples would
vide companionship, be faithful, and avoid abu- forgo a public wedding altogether. But that does
sive behavior. not appear to have happened for most couples.
The wedding, it seems, has become an impor-
tant symbol of the partners’ personal achieve-
How Young Adults in General See It
ments and a stage in their self-development
The changing meaning of marriage is not (Bulcroft, Bulcroft, Bradley, & Simpson, 2000).
limited to the low-income population. Consider A 1984 survey of 459 ever-married women
a nationally representative survey of 1,003 in the Detroit metropolitan area provided infor-
adults, ages 20–29, conducted in 2001 on mation on trends in wedding practices in the
attitudes toward marriage (Whitehead & United States during much of the 20th century.
Popenoe, 2001). A majority responded in ways Whyte (1990) divided the women into a prewar
suggestive of the view that marriage is a status group who married between 1925 and 1944,
that one builds up to. Sixty-two percent agreed a baby boom group who married between 1945
with the statement, ‘‘Living together with some- and 1964, and a more recent group who married
one before marriage is a good way to avoid an between 1965 and 1984. Across the more than
Deinstitutionalization of American Marriage 857

a half century of life history that this survey eli- married life, individuals hoped to display their
cited, several indicators of wedding rituals and attainment of a prestigious, comfortable, stable
activities increased over time. The percentage style of life. They also expected marriage to
of women who reported a wedding in a religious provide some enforceable trust. But as I have
institution (e.g., church or synagogue) increased argued, the enforcement value of marriage is
from 68 to 74 across the three groups; the per- less than it used to be. People marry now less
centage who had a wedding reception increased for the social benefits that marriage provides
from 64% to 88%; the percentage who had than for the personal achievement it represents.
bridal showers or whose spouses had bachelor
parties increased sharply; and the percentage
ALTERNATIVE FUTURES
who took a honeymoon rose from 47% to 60%.
Some of these trends could be caused by What do these developments suggest about the
increasing affluence, but not all. It is not obvi- future of marriage? Social demographers usu-
ous why affluence should lead to more religious ally predict a continuation of whatever is hap-
weddings. In fact, one might have expected pening at the moment, and they are usually
affluence to lead to a secularization of the mar- correct, but sometimes spectacularly wrong. For
riage process and an increase in civil weddings. example, in the 1930s, every demographic ex-
In recent decades, then, when partners decide pert in the United States confidently predicted
that their relationship has finally reached the a continuation of the low birth rates of the
stage where they can marry, they generally want Depression. Not one forecast the baby boom
a ritual-filled wedding to celebrate it. A small that overtook them after World War II. No less
literature on contemporary weddings and hon- a scholar than Kingsley Davis (1937) wrote that
eymoons is developing in North America and the future of the family as a social institution
Europe, and it treats them as occasions of con- was in danger because people were not having
sumption and celebrations of romance (Boden, enough children to replace themselves. Not
2003; Bulcroft et al., 2000; Bulcroft, Bulcroft, a single 1950s or 1960s sociologist predicted
Smeins, & Cranage 1997; Ingraham, 1999). the rise of cohabitation. Chastened by this
Even low- and moderate-income couples who unimpressive record, I will tentatively sketch
have limited funds and who may already have some future directions.
children and may be living together seem to The first alternative is the reinstitutionaliza-
view a substantial wedding as a requirement for tion of marriage, a return to a status akin to its
marriage. Many of the women in our study said dominant position through the mid-20th cen-
that they would not get married without a church tury. This would entail a rise in the proportion
wedding. Just going to city hall and having who ever marry, a rise in the proportion of
a civil ceremony was not acceptable to them. births born to married couples, and a decline in
Similarly, some of the working-class and lower divorce. It would require a reversal of the indi-
middle-class couples in the Manning and vidualistic orientation toward family and per-
Smock (2003) study said that merely going sonal life that has been the major cultural force
‘‘downtown’’ for a civil ceremony did not con- driving family change over the past several de-
stitute an acceptable wedding (Smock, 2004; cades. It would probably also require a decrease
Smock, Manning, & Porter, 2004). Edin and in women’s labor force participation and a return
Kefalas (forthcoming) write of the attitudes to more gender-typed family roles. I think this
among the mothers they studied, ‘‘Having the alternative is very unlikely—but then again, so
wherewithal to throw a ‘big’ wedding is a vivid was the baby boom.
display that the couple has achieved enough The second alternative is a continuation of the
financial security to do more than live from pay- current situation, in which marriage remains de-
check to paycheck.’’ institutionalized but is common and distinctive.
The couples in our study wanted to make It is not just one type of family relationship
a statement through their weddings, a statement among many; rather, it is the most prestigious
both to themselves and to their friends and fam- form. People generally desire to be married. But
ily that they had passed a milestone in the it is an individual choice, and individuals con-
development of their self-identities. Through struct marriages through an increasingly long
wedding ceremonies, the purchase of a home, process that often includes cohabitation and
and the acquisition of other accoutrements of childbearing beforehand. It still confers some of
858 Journal of Marriage and Family

its traditional benefits, such as enforceable trust, to commit by law or social norms. And partners
but it is increasingly a mark of prestige, a dis- feel free to revoke their commitments at any time.
play of distinction, an individualistic achieve- Therefore, the pure relationship seems most
ment, a part of what Beck and Beck-Gernsheim characteristic of a world where commitment
(2002) call the ‘‘do-it-yourself biography.’’ In does not matter. Consequently, it seems to best
this scenario, the proportion of people who ever fit middle-class, well-educated, childless adults.
marry could fall further; in particular, we could They have the resources to be independent ac-
see probabilities of marriage among Whites in tors by themselves or in a democratic partner-
the United States that are similar to the proba- ship, and without childbearing responsibilities,
bilities shown today by African Americans. they can be free-floating. The pure relationship
Moreover, because of high levels of nonmarital seems less applicable to couples who face mate-
childbearing, cohabitation, and divorce, people rial constraints (Jamieson, 1999). In particular,
will spend a smaller proportion of their adult when children are present—or when they are
lives in intact marriages than in the past. Still, anticipated anytime soon—issues of com-
marriage would retain its special and highly val- mitment and support come into consideration.
ued place in the family system. Giddens (1992) says very little about children
But I admit to some doubts about whether in his book on intimacy, and his brief attempts
this alternative will prevail for long in the to incorporate children into the pure relationship
United States. The privileges and material ad- are unconvincing. Individuals who are, or think
vantages of marriage, relative to cohabitation, they will be, the primary caregivers of children
have been declining. The commitment of part- will prefer commitment and will seek material
ners to be trustworthy has been undermined by support from their partners. They may be will-
frequent divorce. If marriage was once a form ing to have children and begin cohabiting with-
of cultural capital—one needed to be married to out commitment, but the relationship probably
advance one’s career, say—that capital has will not last without it. They will be wary of
decreased too. What is left, I have argued, is purely voluntary commitment if they think they
a display of prestige and achievement. But it can do better. So only if the advantage of mar-
could be that marriage retains its symbolic aura riage in providing trust and commitment disap-
largely because of its dominant position in pears relative to cohabitation—and I must admit
social norms until just a half century ago. It that this could happen—might we see cohabita-
could be that this aura is diminishing, like an tion and marriage on an equal footing.
echo in a canyon. It could be that, despite the In sum, I see the current state of marriage and
efforts of the wedding industry, the need for its likely future in these terms: At present, mar-
a highly ritualized ceremony and legalized sta- riage is no longer as dominant as it once was,
tus will fade. And there is not much else sup- but it remains important on a symbolic level. It
porting marriage in the early 21st century. has been transformed from a familial and com-
That leads to a third alternative, the fading munity institution to an individualized, choice-
away of marriage. Here, the argument is that based achievement. It is a marker of prestige
people are still marrying in large numbers and is still somewhat useful in creating enforce-
because of institutional lag; they have yet to able trust. As for the future, I have sketched
realize that marriage is no longer important. A three alternatives. The first, a return to a more
nonmarital pure relationship, to use Giddens’s dominant, institutionalized form of marriage,
ideal type, can provide much intimacy and love, seems unlikely. In the second, the current situa-
can place both partners on an equal footing, and tion continues; marriage remains important, but
can allow them to develop their independent not as dominant, and retains its high symbolic
senses of self. These characteristics are highly status. In the third, marriage fades into just one
valued in late modern societies. However, this of many kinds of interpersonal romantic rela-
alternative also suggests the predominance of tionships. I think that Giddens’s (1992) state-
fragile relationships that are continually at risk ment that marriage has already become merely
of breaking up because they are held together one of many relationships is not true in the
entirely by the voluntary commitment of each United States so far, but it could become true in
partner. People may still commit morally to the future. It is possible that we are living in
a relationship, but they increasingly prefer to a transitional phase in which marriage is gradu-
commit voluntarily rather than to be obligated ally losing its uniqueness. If Giddens and other
Deinstitutionalization of American Marriage 859

modernity theorists are correct, the third alterna- riage. Journal of Marriage and the Family, 53,
tive will triumph, and marriage will lose its spe- 338–355.
cial place in the family system of the United Burgess, E. W., & Locke, H. J. (1945). The family:
States. If they are not, the second alternative From institution to companionship. New York:
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formed and deinstitutionalized, but recognizable Cancian, F. M. (1987). Love in America: Gender and
nevertheless—will remain distinctive. self-development. Cambridge, England: Cambridge
University Press.
Carrington, C. (1999). No place like home: Relation-
NOTE
ships and family life among lesbians and gay men.
I thank Frank Furstenberg, Joshua Goldstein, Kathleen Chicago: University of Chicago Press.
Kiernan, and Céline Le Bourdais for comments on a previ- Cherlin, A. (1978). Remarriage as an incomplete insti-
ous version, and Linda Burton for her collaborative work on
the Three-City Study ethnography. tution. American Journal of Sociology, 84, 634–650.
Cherlin, A. J. (1992). Marriage, divorce, remarriage
(Rev. ed.) Cambridge, MA: Harvard University
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