A number of Black writers have cast Black marriage in a state of emergency – Black folks are not getting (or staying) married like they used to. Yet in seeking to address the Black marriage problem many have left marriage's ‘monogamous-only’ condition unexamined. In this article, I take a different approach. I draw on a long-standing prevalence of de facto non-monogamy among those marked Black and argue that the numerical constraint making marriage between two people violates equal treatment. To make the case, I show how anti-non-monogamy attitudes have been racialized in ways that are expressive of anti-Blackness. In my view, the effects of this racialization include ongoing and disproportionate impacts on an already burdened group – Black polyamorists. A failure to reform the monogamous-only condition of marriage tacitly endorses anti-non-monogamous attitudes of the past where Black intimate relationships were thought inferior and therefore deserving of an inferior social standing. Finally, I look to an account of minimal marriage as a site of possibility for establishing a marriage institution that is more just in relation to equal treatment and a site of repair for racialized non-monogamists whose historical denial to accessing marriage has had the effect of accumulated social and political disadvantage.


