Abstract
Technological progress may eventually produce sophisticated robots with human-like traits that result in humans forming meaningful relationships with them. Such relationships would likely lead to a demand for human–artificial intelligence (AI) matrimony. U.S. Supreme Court decisions that expanded the definition of marriage to include interracial and same-sex couples, as well as those that have not extended marriage to polygamous relationships, provide guidance regarding the criteria that human–AI would have to meet to successfully assert a right to marry. Ultimately, robots will have to possess certain characteristics of personhood to marry, including the capacity to contract and to engage in an intimate relationship. Alternatively, if AIs can simulate these abilities sufficiently, we may believe that they have these capacities. Even if AIs genuinely possess the capabilities necessary to enter into a marriage, it is social acceptance of intelligent non-humans as life partners that will likely influence legal development is this realm rather than personhood criteria. However, AIs are likely to face bias due to their “artificial” rather than biological nature. Yet, Peter Singer’s influential argument regarding speciesism in the context of animal rights implies that AIs with specific human-like qualities cannot be justifiably denied certain rights.
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Notes
The United Kingdom and New Zealand do recognize some polygamous marriages that were performed in countries where the practice is illegal provided that the spouses were not domiciled in the country at the time of union.
The last part of Section 1 of the 14th Amendment states, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The first part is known as the Due Process Clause and the second part is known as the Equal Protection Clause.
References
Armstrong S, Sotala K, ÓhÉigeartaigh SS (2014) The errors, insights and lessons of famous AI predictions—and what they mean for the future. J Exp Theoret Artif Intell 26(3):317–342
Backonja U, Hall AK, Painter I, Kneale L, Lazar A, Cakmak M, Thompson HJ, Demiris G (2018) Comfort and attitudes towards robots among young, middle-aged, and older adults: a cross-sectional study. J Nurs Scholarsh 50(6):623–633
Black’s Law Dictionary (9th ed. 2009)
R v. Brown (1993) UKHL 19
Brown v. Board of Education (1954) 347 U.S. 483
Canadian Charter of Rights and Freedoms (1982) Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), c 11
Casillas CJ, Enns PK, Wohlfarth C (2011) How public opinion constrains the US Supreme Court. Am J Polit Sci 55(1):74–88
Chalmers D (2014) How do you explain consciousness? Ted Talk. https://www.ted.com/talks/david_chalmers_how_do_you_explain_consciousness?language=en. Accessed 17 Feb 2020
Charity N (2018) Japanese man married hologram he admired for ten years in Tokyo ceremony. Evening Standard. https://www.standard.co.uk/news/world/japanese-man-marries-the-hologram-he-admired-for-10-years-in-tokyo-ceremony-a3991401.html. Accessed 24 Feb 2020
Chopra S (2010) Rights for autonomous artificial agents? Commun ACM 53(8):38–40
Civil Marriage Act, S.C. (2005) c. 33
Coontz S (2005) Marriage, a history: from obedience to intimacy or how love conquered marriage. Viking, New York
Criminal Code of Canada, R.S.C. (1985) c. C-46
Davis v. Beason, 133 U.S. 333 (1890)
Ellinghaus K (2003) Absorbing the ‘Aboriginal problem’: controlling interracial marriage in Australia in the late 19th and early 20th centuries. Aborig Hist 27:183–207
Skinner v. Oklahoma, ex. rel. Williamson, 316 U.S. 535 (1942)
Goldfeder M, Razin Y (2015) Robotic marriage and the law. J Law Soc Deviance 10:137–176
Halwani R (2010) Philosophy of love, sex, and marriage: an introduction. Routledge, New York
Huang, K (2017) Chinese engineer “marries” robot after failing to find a human wife. South China Morning Post. https://www.scmp.com/news/china/society/article/2084389/chinese-engineer-marries-robot-after-failing-find-human-wife. Accessed 24 Feb 2020
Hyde v Hyde and Woodmansee (1866) [L.R.] 1 P. & D. 130
Jonze S, Ellison M, Landay V, Jonze S (2013) Her [Motion picture]. Warner Bros, United States
Levy D (2008) Love and sex with Robots Harper, London
Loving v. Virginia, 388 U.S. 1 (1967)
Macklin R (1984) Personhood and the abortion debate. In: Garfield J, Hennessey P (eds) Abortion: moral and legal perspectives. University of Massachusetts Press, Amherst, pp 87–102
Madrid C (2012) Seattle woman marries corporation in intimate downtown ceremony. The Stranger. http://www.thestranger.com/slog/archives/2012/07/17/seattle-woman-marries-corporation-in-intimate-downtown-ceremony. Accessed 17 Feb 2020
Marchant G (2015) A.I. thee wed: Humans should be able to marry robots. Future Tense. http://www.slate.com/articles/technology/future_tense/2015/08/humans_should_be_able_to_marry_robots.html. Accessed 17 Feb 2020
Marriage (Same Sex Couples) Act (2013) c. 30
Matter of Nonhuman Rights Project, Inc. v. Stanley, No. 152736/15, 2015 W.L. 4612340 at 15 (N.Y. Sup. Ct. July 29, 2015.)
Maynard v. Hill, 125 U.S. 190 (1888)
Meyer DS, Boutcher SA (2007) Signals and spillover: Brown v. Board of Education and other social movements. Perspect Polit 5(1):81–93
Moore v, City of East Cleveland, 431 U.S. 494 (1977)
Potter v. Murray City, 760 F.2d 1064 (10th Cir., 1985)
Nyholm S, Frank EL (2017) From sex robots to love robots: is mutual love with a robot possible? In: Danaher J, McArthur N (eds) Robot sex. MIT Press, Cambridge, pp 219–243
Obergefell v. Hodges, 576 U.S. (2015). https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf. Accessed 17 Feb 2020
Ray C, Mondada F, Siegwart R (2008) What do people expect from robots? IEEE/RSJ international conference on intelligent robots and systems, pp 3816–3821
Reference re: Section 293 of the Criminal Code of Canada (2011) BCSC 1588
Reynolds v. United States, 98 U.S. 145 (1878)
Richard J (2010) Autonomy, imperfect consent, and polygamist sex rights claims. Calif Law Rev 98(1):197–242
Robinson Z (2016) Constitutional personhood. George Washington Law Rev 85:605–667
Roe v. Wade, 410 U.S. 113 (1973)
Rower A (2004) The legality of polygamy: using the due process clause of the fourteenth amendment. Fam Law Q 38(3):711–731
Singer P (1975) Animal liberation. HarperCollins, New York
Solum LB (1992) Legal personhood for artificial intelligences. N Carolina Law Rev 70:1231–1287
Sullins J (2012) Robots, love, and sex: the ethics of building a love-machine. IEEE Trans Affect Comput 3(4):398–409
Te Awa Tupua (Whanganui River Claims Settlement) Act (2017) (NZ)
Uniform Marriage and Divorce Act, National Conference of Commissioners on Uniform State Laws (1970, am. 1971 and 1973). https://www.uniformlaws.org/viewdocument/final-act-no-comments-44?CommunityKey=c5a9ecec-095f-4e07-a106-2e6df459d0af&tab=librarydocuments. Accessed 17 Feb 2020
United Nations General Assembly (1966) International covenant on civil and political rights, United Nations, Treaty Series 999:171
Warren MA (1973) On the moral and legal status of abortion. Monist 57:43–61
Washington v. Glucksberg, 521 U.S. 703 (1997)
Whitby B (2012) Do you want a robot lover? The ethics of caring technologies. In: Lin P, Abney K, Bekey G (eds) Robot ethics: the ethical and social implications of robotics. MIT Press, Cambridge, pp 233–248
Wray BJ, Reimer K, Cameron C (2015) The most comprehensive judicial record ever-produced: the polygamy reference. Emory Law J 64(6):1877–1902
Yoshino K (2015) A new birth of freedom? Obergefell v. Hodges. Harvard Law Rev 129:147–175
Złotowski J, Yogeeswaran K, Bartneck C (2017) Can we control it? Autonomous robots threaten human identity, uniqueness, safety, and resources. Int J Hum Comput Stud 100:48–54
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Yanke, G. Tying the knot with a robot: legal and philosophical foundations for human–artificial intelligence matrimony. AI & Soc 36, 417–427 (2021). https://doi.org/10.1007/s00146-020-00973-5
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DOI: https://doi.org/10.1007/s00146-020-00973-5