ABSTRACT
This chapter focuses on the major trends in the debate over gender roles as they pertain to laws on marriage, divorce, and parental rights and responsibilities in both marital and nonmarital households. It does this chiefly with respect to heterosexual relationships because that is where gendered patterns, and conflicts, are most likely to be expressed. The chapter examines the disparate legal treatment of same-sex relationships, particularly with respect to parenting. It discusses the effects of family-policy laws on the status of women and the feminist response. As described in the chapter, the courts have great leeway in making child custody decisions, traditionally guided only by general admonitions to act in the best interest of the child. The chapter discusses the laws that affect households and families outside of marriage, focusing on property rights and the custody and support of children for the burgeoning number of "non-traditional" families.
