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Family Law Pluralism: The Guided-Choice Regime of Menus, Default Rules, and Override Rules, 100 Georgetown Law Journal 1881 (2012)


raising their biological kids-is no longer the norm in America. Nowadays,

only one-fifth of America's households consist of a currently married husband

and wife raising children.' Only 51% of all adults were married in 2011, the

lowest figure in recorded American history and a striking contrast to the 72%

who were married fifty years ago. Almost one third of the households with

children are headed by single persons or unmarried couples. Over half a

million American households are headed by married or unmarried same-sex

couples, with nearly a quarter of those raising children. There is now a pluralist

array of families in the United States. A century ago, "family" was culturally

confined to persons related by marriage and blood; today, family is defined by

relations of affinity, love, and commitment. Large majorities of Americans

believe that "family" includes married couples raising children, single parents

raising children, lesbian and gay couples raising children, and married couples

who are not raising children.

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