Also on the marriage question, I have a new blog post at Cato recapitulating why social conservatives are deluding themselves if they imagine the GOP can use the issue to harvest many new black votes.

Yet more: video of a Friday Cato panel in which I join Mary Bonauto of GLAD, Ilya Shapiro of the Cato Institute, and Kathryn Lehman of Holland & Knight; I talk about how public opinion on same-sex marriage is increasingly boxing in the national Republican Party, and how it might bid to get out of the box.

“Get the government out of marriage” is a post from Overlawyered - Chronicling the high cost of our legal system

I have often wondered if, were courts to fully embrace contract marriage, they might also recognize a status short of it: something akin to a relationship contract. That’s the issue facing an Illinois court right now, as Nicole Basarich is suing Robert Lane, with whom she cohabitated for more than sixteen years, for “violating the[ir] agreement for an exclusive relationship” and for failing to pay his portion of the mortgage. Forget the latter claim: I’m fascinated by the former.

If Basarich and Lane drafted and signed a procedurally legitimate exclusivity contract, is such document a nudum pactum or merely unenforceable on public policy grounds, or is it instead a valid contract with teeth? Interestingly, the attorney representing Basarich practices contract law but does not list family law among his areas of practice. (Kelly Holleran, “Live-in sued for violating ‘exclusive’ relationship and not paying mortgage,” Madison County Record, Sept. 22“).

Couple’s contract for ‘exclusive relationship’ goes to court is a post from Overlawyered - Chronicling the high cost of our legal system