This archive report was first published on 29 July 2019.
As we navigate the complexities of modern family structures, it's time to re-examine the outdated definition of family in zoning laws. In the 1950s, nearly 70 percent of children were raised in married-couple, male-breadwinner households. Today, only 22 percent of children have the same arrangement.
Nonmarital cohabitation and high housing prices have led to an unprecedented fluidity of family structure and living arrangements. This shift is not reflected in zoning codes, which often restrict family structures to traditional definitions.
Justice Thurgood Marshall raised this issue in his dissent in the 1974 case of Village of Belle Terre v. Boraas. He argued that the definition of family being upheld by the court would allow a family of 12 in a small bungalow, but prohibit three elderly and retired persons from occupying a large manor house next door.
Four state courts have not definitively ruled on the matter, and federal courts have not provided clear guidance. The 1977 Supreme Court case of Moore v. City of East Cleveland struck down a zoning code that prohibited a grandmother and her grandsons from living together in their home, but this decision applied only to related people in traditional relationships.
Presidential candidates should propose thoughtful federal statutes that articulate how local governments can regulate the family. This could promote progressive ideals and unite both sides of the political aisle. Conservatives may come to realize that limited definitions of family erode property rights and freedom of association in the home.
As a zoning official, I'm usually the last person to advocate for federal intrusion into local decision-making. However, the problems of housing inequality and segregation are too big for localities to tackle piecemeal. Every presidential candidate should incorporate into their housing plans a definition of family that better reflects how we choose to live today.
Sara C. Bronin is an architect and a professor at the University of Connecticut School of Law.
