This Article seeks to explore in a preliminary way some questions that would be raised by the adoption of such a program. The initial issue raised by the proposal is: does the government ever have any legitimate business favoring some family forms over others? The first-pass answer would appear to be "yes." The law recognizes marriage, restricts it to persons of the opposite sex (at least for now), and confers upon married couples comparative rights and privileges-although fewer than have been enjoyed in the past. The more difficult questions are: what exactly is the nature of the government's interest in promoting certain types of family life, and what are the limits on the forms that the favoritism may take? Specifically, what is the place of "family policy" in the design of benefits programs for the poor? May, or should, the government seek to "privilege" certain family arrangements over others when formulating welfare policy and handing out government largesse? What is the justification for doing so? Is there any reason to believe that such measures will accomplish their stated purpose? How certain must we be that such programs will work before we can "rationally" adopt them?
Amy L. Wax,
The Two-Parent Family in the Liberal State: The Case for Selective Subsidies,
Mich. J. Race & L.
Available at: https://repository.law.umich.edu/mjrl/vol1/iss2/3