State, Status, and the American Family
Alison Gash and Priscilla Yamin
University of Oregon
Imagine a world where households have to apply to be considered a family by the
state. They would need to document how their domestic grouping fulfills the require-
ments of “family” through bank statements, passports, Social Security numbers, and
perhaps even recommendations from those in their community attesting to the
strength and quality of their relationships or their health and fitness. In reality, this
scenario is not as far-fetched as one might think. We contend that family is a status
bestowed by the state. The state invokes, imposes, and relies on the family as an
instrument of policy implementation and enforcement and as way of organizing and
managing a productive society. In disseminating the benefits and protections that
hinge on family, the state holds significant autonomy in determining whether certain
households will be perceived and treated as families in the eyes of the state. Through
the lens of policy debates regarding LGBTQ-headed households, single-mother-
headed households, and group homes, we argue the following: concepts of family
operate as an arm of the state; as more policies hinge on familyhood, more house-
holds seek that determination from the state; and state actors are at once exclusive
and inconsistent in granting this status. In all, this suggests that rather than operating
only as a matter of individual choice – a way of naming our private relationships –
family should also be understood as a state-appointed and -anointed status.
Keywords marriage; parent; group home; LGBTQ; welfare; U.S. public policy
On August 26, 2015 the Maryland Court of Special Appeals determined that a lesbian
mother “did not have parental standing to challenge the denial of visitation or
custody” by her son’s biological mother. These two women, who were now
divorcing, earlier had not secured either a marriage license prior to their son’s birth
or an adoption certificate proving co-parentage. Consequently, although the non-
biological mother had helped to choose her son’s biological father (a sperm donor),
We thank Patricia Strach, Maxine Eichner, and Ellen Anderson for comments on earlier versions of this
article, as well as our fellow symposium contributors for panel discussions and congenial collaboration on
the subject of family and politics. We also thank the two anonymous reviewers for Polity for their very
helpful comments.
Polity, April 2016, Vol. 48(2): 146–164. doi:10.1057/pol.2016.5
© 2016 Northeastern Political Science Association 0032-3497/16
www.palgrave-journals.com/polity/