The Poly Problem in Zoning: Redefining “Family” for a Changing Society lawreview - Minnesota Law Review
By ARIC SHORT & TANYA PIERCE. Full Text. Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: lawreview - Minnesota Law Review
By ARIC SHORT & TANYA PIERCE. Full Text . Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: polyamorous families who often face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of “family.” As polyamory gains cultural visibility and increasing legal recognition—through West 49th Street, LLC v. O’Neill and municipal reforms in cities like Somerville and Cambridge—now is the time to examine zoningÊs role in reinforcing outdated conceptions of family. Drawing on recent demographic data on poly relationships and broader shifts in family structure, this Article traces how zoning definitions have evolved from early functional approaches to rigid frameworks that exclude nontraditional households. It then argues for reform, proposing a new definition that recognizes relationships of mutual support, care, and commitment, aligning with Obergefell v. Hodges and modern family realities. Updating zoning definitions is both a legal necessity and a recognition of how families actually function today. By removing outdated barriers, municipalities can create inclusive, equitable housing policies that reflect the full spectrum of familial relationships. This Article provides a path toward reform to ensure every family, regardless of structure, has the right to call a place home. Tweet Share
Executive Summary
This article, co-authored by Aric Short and Tanya Pierce, critically examines the role of single-family zoning in perpetuating exclusionary policies that privilege traditional nuclear families. Focusing on polyamorous families, the authors argue that restrictive zoning definitions of 'family' have led to legal uncertainty, social exclusion, and housing discrimination. Drawing on demographic data and recent court decisions, the article proposes a revised definition of 'family' that recognizes relationships of mutual support, care, and commitment. By updating zoning definitions, municipalities can create more inclusive and equitable housing policies that reflect modern family realities.
Key Points
- ▸ Single-family zoning perpetuates exclusionary policies that privilege traditional nuclear families.
- ▸ Polyamorous families face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of 'family'.
- ▸ A revised definition of 'family' that recognizes relationships of mutual support, care, and commitment is proposed.
Merits
Strength of Argument
The authors provide a thorough analysis of the limitations of single-family zoning and the need for reform, drawing on relevant case law and demographic data.
Demerits
Limitation of Scope
The article's focus on polyamorous families may limit its applicability to other non-traditional family structures, such as queer or blended families.
Expert Commentary
The article's proposal for a revised definition of 'family' that recognizes relationships of mutual support, care, and commitment is a significant step towards creating more inclusive and equitable housing policies. However, the authors may benefit from engaging more directly with the complex social and cultural norms surrounding non-traditional family structures. Furthermore, the article's focus on polyamorous families raises questions about how to balance the needs of different family forms and ensure that revised zoning definitions do not inadvertently create new forms of exclusion. Ultimately, this article provides a valuable contribution to the ongoing conversation about the role of single-family zoning in shaping our built environment.
Recommendations
- ✓ Future research should explore the intersectional implications of revised zoning definitions and how they may affect different family forms and communities.
- ✓ Municipalities and policymakers should engage in a broader conversation about the role of zoning in shaping social and cultural norms surrounding family and housing.
