Same-sex Marriage Research Articles

Comity & Federalism in Extraterritorial Abortion Regulation

On June 24, 2022, the Supreme Court decided Dobbs v. Jackson Women’s Health Organization and held that states may regulate abortion in whatever manner they wish. In the wake of Dobbs, commentators and laypersons have focused primarily on its implications for reproductive rights and other fundamental rights—such as gay marriage. Less often discussed are the questions that arise regarding state extraterritorial jurisdiction. Since Dobbs, a patchwork of laws has developed: pro-life states have placed greater restrictions on abortion, while pro-choice states have sought to expand abortion access. Questions have arisen regarding whether and to what extent states may regulate the out-of-state conduct of pregnant women who seek abortions, those who provide assistance to pregnant women seeking to terminate a pregnancy, and abortion providers. This patchwork has the potential to generate interstate conflict and creates new urgency for thinking about the legal and constitutional principles that constrain state extraterritorial legislative jurisdiction. This Article first outlines each states abortion laws, then explores state legislative jurisdiction, and the various barriers that constrain expansive legislative jurisdiction, and finally identifies why expansive legislative jurisdiction would be detrimental to both the Union and individual liberties. Ultimately, the current doctrine has gaps that create risks for comity among the states, and for individuals and businesses attempting to conform to the law of a given state. These gaps should be closed, and should be closed in a way that preserves horizontal federalism.

Factors associated with casual sexual behavior among college students in Zhejiang Province, China: A cross-sectional survey.

This study aimed to analyze the characteristics and risk factors associated with casual sexual behavior among sexually active college students and to contribute to AIDS prevention and control efforts among this demographic. A cross-sectional survey was conducted using a stratified cluster sampling technique. Self-reported sexually active college students were selected as respondents from 11 cities in Zhejiang Province from October 8 to November 30, 2018. A questionnaire was used to collect variables such as demographic information, sexual attitudes, intervention acceptance, and self-efficacy of condom use. Univariate and multivariate analyses were performed. Among 3,771 college students who reported engaging in sexual activity, 675 (17.90%) reported engaging in casual sexual encounters. The multivariate analysis revealed multiple factors associated with casual sexual behavior among students: being male, originating from a city/town, having pursued HIV testing education in the last year, seeking HIV risk self-assessment within the last year, accepting to engage in one-night stand behavior, accepting to partake in commercial sexual activity, having conducted HIV antibody tests within the last year, homosexual partner or homosexual/heterosexual partner, demonstrating self-efficacy in condom usage, and monthly living expenses falling within the range of 1001-1500 yuan. Additionally, students with knowledge that appearance does not determine HIV infection, a proclivity for seeking HIV counseling and testing following high-risk sexual behavior and awareness that the centers for disease control provides HIV diagnosis were found to have significant associations with casual sexual activity. Casual sex is significantly prevalent among college students, with male, students from urban areas, those who accepted to engage in one-night stand behavior and partook in commercial sexual activity demonstrating a higher propensity for such behavior. This tendency can be attributed to several factors including a more liberal sexual attitude, a rudimentary understanding of HIV risk, and a low adoption rate of HIV testing. Therefore, it is imperative to enhance HIV prevention and education among college students.

Discipline vs Vulnerability: A Biopolitical Look at COVID-19 Crisis Response

Biopolitics has been widely used during the COVID-19 pandemic, to call attention to the discipline and control imposed to safeguard public health and the resultant normalization of states of exception. This limited reading of biopolitics, however, stands on a narrow understanding of politics and results in what Rancière (2004) has called disagreement (mésentente), a failure to hear or to understand. This essay explores the possibilities of reconfiguring the political and biopolitical, embracing affirmative potentials inherent in the work of Foucault (1978, 2003) and Butler (2022). It will, above all, touch on notions of vulnerability, interdependency, and care, as developed by feminist thinkers. The potential of vulnerability to reconfigure the political is also subjected to a critical lens, as it has also been successfully exploited by conservative movements (e.g., in the contexts of masculinity, marriage equality, immigration and race) to cement the power of dominant groups (Oliviero, 2018). Yet, despite this potential for cooptation, critical awareness of the recognition of the shared vulnerability as a source of agentive capacity has the potential to overcome the political impasses revealed by the COVID-19 policy response.

Measuring the Effects of Obergefell v. Hodges: Revisiting Same-Sex Marriage Legalization and the Demand for Mortgage Credit

Measuring the Effects of Obergefell v. Hodges: Revisiting Same-Sex Marriage Legalization and the Demand for Mortgage Credit

Advocating Same-Sex Marriages through Constitutional Morality

Advocating Same-Sex Marriages through Constitutional Morality

Labor Market Outcomes of Same-Sex Couples in Countries with Legalized Same-Sex Marriage

Labor Market Outcomes of Same-Sex Couples in Countries with Legalized Same-Sex Marriage

The Big Five Personality Traits and Marital Satisfaction Among Couples in Kilungu Deanary in Catholic Diocese of Machakos in Makueni County, Kenya

Marital satisfaction is a key indicator of happiness and stability in marriage, yet modern family life faces significant challenges, including rising divorce rates, declining marriage prevalence, increased cohabitation, and the complexities introduced by same-sex marriage legalization. This study examines the Big Five personality traits and their relationship with marital satisfaction among couples in Kilungu Deanery, Catholic Diocese of Machakos, Makueni County, Kenya. The research objectives included assessing the prevalence of these traits, evaluating marital satisfaction levels, identifying factors affecting satisfaction, and exploring ways to enhance it. Grounded in the Five-Factor model of personality and Bowenian family systems theory, the study utilized a correlational research design with a sample of 178 married individuals (90 males and 88 females) aged 30 to 67, each married for at least five years. Data were collected using the Big Five Inventory and the ENRICH Marital Satisfaction Scale, and analyzed with SPSS version 25. Findings revealed that Extraversion correlated positively with the Idealistic Distortion scale but showed no significant correlation with marital satisfaction or dissatisfaction. Agreeableness and Conscientiousness were positively associated with marital satisfaction and negatively with dissatisfaction. Conversely, Neuroticism was negatively correlated with marital satisfaction and positively with dissatisfaction. Openness correlated positively with marital satisfaction but not significantly with dissatisfaction. The study recommends that government and religious organizations offer family life counseling and premarital education to improve partner compatibility and reduce failed marriages.

Labor Market Outcomes of Same-Sex Couples in Countries with Legalized Same-Sex Marriage

Labor Market Outcomes of Same-Sex Couples in Countries with Legalized Same-Sex Marriage

No Place Like Home? Same-Sex Marriage Legislation and the Relocation Choice of Homosexual Partners

No Place Like Home? Same-Sex Marriage Legislation and the Relocation Choice of Homosexual Partners

The Rainbow of Municipal Credit: Evidence from Same-Sex Marriage Bans *

The Rainbow of Municipal Credit: Evidence from Same-Sex Marriage Bans *

동성애 가족에 대한 대학생의 태도 연구

Background/Objectives: The purpose of this study is to examine same-sex marriage legalization in Korea, occurring at a time of different opinions on homosexuality, and through this, the attitude of college students toward same-sex families. The paper describes the participants' views on same-sex marriage legalization and the reasons behind these perspectives, and explains their opinions on the experiences of children in same-sex families after the legalization.
 Methods: 58 college students attending metropoli tan higher-learning institutions participated in this s tudy. They were divided into groups for protocol description, and focus group interviews. The collected data were analyzed using the constant comparison and focus group interview analysis methods.
 Results: The results of this study were as follows: First, respect for individual freedom and human rights was the primary core value for college s tudents in forming views on same-sex marriage legalization. Second, they were concerned that the legalization of same-sex marriage would be in conflict with the values of heterosexual families and create social confusion. Third, even if their views on legalization were positive, participants showed reservations about same-sex families based on van ous difficulties that such children may face during their development. Fourth, college students emphasized that same-sex parents should guarantee their children's right to self-detennination and protect them from social stigma.
 Conclusion/Implications: This study explores college students' attitudes toward same-sex marriage and same-sex families contrary to heterosexism. Amid van ous discussions on the legislation of same-sex marriage currently underway, the results of this study may contribute to scholarly discourse on children of same- sex families.

ART. 18. OF THE CONSTITUTION WITH REGARD TO THE POSSIBILITY OF INTRODUCING THE INSTITUTION OF SAME-SEX MARRIAGE IN POLAND

The paper discusses the legal possibility of institutionalizing same-sex marriages in Poland and the support for such a solution among the public on the basis of surveys conducted by IPSOS, Eurobarometer, and the “Love Does Not Exclude” Association. The purpose of the article was to verify the hypothesis that the Polish Constitution, more specifically, Article 18. does not define the concept of marriage and gives the legislature the opportunity to institutionalize same-sex marriages without the need to change the highest legal act in Poland. The opinions of constitutionalists Prof. Ewa Łętowska, Prof. Jan Woleński and Prof. Andrzej Mączyński are cited. The article cites the jurisprudence of the European Court of Human Rights and the claim of the Helsinki Foundation for Human Rights, which indicate the need to regulate the status of non-heteronormative couples, since the current legal state in Poland is contrary to international law. Based on the analysis, it was proved that Article 18 of the Constitution does not prohibit the introduction of same-sex marriages, and the opinions of supporters of the hypothesis that Article 18 defines marriage as the union of a man and a woman are not supported by the facts in the legal state in Poland. It is possible to introduce same-sex marriage through amendments to the law, not the Constitution. Studies show that same-sex unions are no different from heteronormative unions, so institutionalizing the law would end discrimination against some 2 million non-heteronormative people and provide them with legal security.

헌법상 가족 개념의 변화와 동성혼에 관한 논의

When societal conflicts rage over an important issue, such as those surrounding same-sex marriage, it is not easy to find a way to resolve them. In terms of democratic legitimacy, it is preferable for parliament to resolve the issue, but if that process does not work and human rights violations continue, the judicial process could resolve complex political issues rather than leaving them unresolved. Court judgments have emerged as a form of civil discourse linking judicial activism, social movements, and human rights movements. Additionally, civil discourse on law, rights, and justice is no longer the exclusive domain of experts because judicial decisions have become a catalyst of democratic communication between people and the state. Moreover, judicial dialogues play a positive role in overcoming the limitations of democratic institutions. For this reason, the active role of the courts is not incompatible with democratic principles but also enforces the active obligation of the state to address issues such as grave human rights violations caused by delayed political decision-making. The Same-Sex Marriage Act was passed by the German Federal Council (Bundesrat) on July 7, 2017, and was passed by both houses of parliament without constitutional amendments. This would not have been possible without the role of the Federal Constitutional Court of Germany. It has made a significant contribution by ensuring that the constitutional concept of family is interpreted more dynamically to reflect changing realities and by removing a number of discrimination surrounding marriage. A complete ban on same-sex marriage is hardly a necessary restriction. It is also contrary to the Law of Balancing as it is difficult for a state restricting individual freedoms and rights to justify the serious harm that same-sex couples would suffer as a result of a complete ban.

Islamization of Western Social Contract Theory from the Perspective of Syed Muhammad Naquib al-Attas

The secular social contract as the basis of democracy gives birth to policies and laws that are far from religious principles and norms. For example, the legalisation of same-sex marriage and the legalisation of prostitution in most Western countries. This is certainly not in line with Islamic values and needs Islamisation. For this reason, this article aims to explain al-Attas' idea of Islamisation and social contract theory as an example, in order to become an alternative way of Islamic politics. Through literature research with a content analysis approach, it can be concluded that first, the Western social contract is based on an anthropocentric and secular paradigm. Second, the agreement between people with the general will becomes the determinant of policy, third, there is a need for Islamisation of social contract theory with the concept of bai'ah which has a theocentric or tawhidi paradigm, as an alternative way of Islamic politics

LGBT+ rights claims for marriage equality and the possibilities of transforming Indian family law

Abstract The Indian Supreme Court decriminalized homosexuality in 2018 and recognized the equal constitutional citizenship of LGBT+ Indians. Since then, several petitions seeking marriage equality have been filed before Indian courts. In parallel, critics have argued that traditional approaches to LGBT+ equality ignore problematic family law institutions, and have stressed the need to think beyond legal inclusion to recognize diverse families. These arguments are not unique to India. Claiming LGBT+ rights within existing family law institutions has divided LGBT+ activists the world over. The commonly advanced argument is that assimilation into existing patriarchal social institutions disregards radical transformational possibilities. However, experiences in jurisdictions like the United States challenge this premise and show how family law can potentially be transformed through LGBT+ rights claims. While we still await an authoritative judicial pronouncement on marriage equality in India, this article argues that legally recognizing marriage equality may positively impact existing family laws by generating arguments for expanding recognition of diverse families. It shows that achieving marriage equality through the recognition of LGBT+ relational rights, comprising LGBT+ family equality and the right to legal recognition of LGBT+ relationships, has the potential for progressively expanding Indian parenthood laws. The article specifically demonstrates how this is possible in guardianship, assisted reproduction, and adoption laws and may benefit diverse different-sex families, single parents, and persons in non-marital relationships.

Between Stale Stability and Dynamic Contestation

Abstract This article uses national survey data, quantitative party system indicators, as well as manifesto data to assess the proposition whether the Croatian party system is indeed one of the most stable systems among post-communist EU member states. The analysis spans three decades and focuses on changes after EU accession and confirms long-term stability of the Croatian party system. However, after the 2015 election, there was a decline in the popularity of the two major parties – Christian Democrats (hdz) and Social Democrats (sdp), and an emergence of several challenger parties – the center-right populist Bridge, which favors institutional reform and decentralization, the Eurosceptic, populist, and nationalist Homeland Movement, and We Can!, a green-left coalition of academics and environmentalists. In addition, the observed party system change was accompanied by a rise in civic referendum initiatives around bioethical issues such as sex education and same-sex marriage.

LGBTIQ+ staff and shifting client power within professional services firms

PurposeBig 4 professional services firms increasingly lay claim to recruiting and including staff of diverse genders, cultures, ages and sexualities. Drawing on Foucauldian insights, this study explores how LGBTIQ+ staff navigated shifting technologies of client power, at the time marriage equality was legislated in Australia.Design/methodology/approachThis article explores changing experiences of LGBTIQ+ staff and allies, through 56 semi-structured interviews undertaken through 2018–2019.FindingsTechnologies of client power were central to shaping workplace experiences for LGBTIQ+ staff. However, each firm was also keen to carve unique and bold responses to changing societal attitudes regarding sexuality and gender. These progressive moves did not sit comfortably with all clients, and so this article provides insight into the limitations of client privilege within professional services firms. For staff, this increasing complexity of sometimes opaque, contradictory and shifting technologies of client and firm power, enabled agency to explore a sense of self for some, but continued to exclude others.Originality/valueLittle attention has been directed to exploring challenges for staff of sexual and gendered diversity within professional services firms, or to exploring how staff navigate changing perceptions of client power.

Commercial Discrimination as Religious Messaging in 303 Creative v. Elenis

In 303 Creative LLC v. Elenis, a web designer sought a legal right to refuse to make wedding websites for same-sex couples while making wedding websites for other couples as a service provided by her business open to the public. The web designer also sought a legal right to post a notice on her business webpage stating that she would refuse to provide such services for same-sex couples’ weddings. Here, I argue that 303 Creative marks a fairly radical break from previous legal cases dealing with whether service providers have the legal right to deny services for same-sex weddings. This is because, if we take the web designer at her word, the web designer appears to have sought these legal rights, in significant part, in order to use an act of commercial discrimination as an act of religious message sending. In support of this conclusion, I argue that acts of selective commercial service constitute the primary means by which the web designer sought to promote her preferred religious messages and that these acts of selective commercial service are acts of discrimination. I also discuss some of the significance of this case for religion and politics in the United States.

Heterosexist system justification: Identity and ideology explain variability in sexual minorities’ opposition to homophobia and support for LGBTQ+ rights

We hypothesized that because politically conservative ideology legitimizes the status quo—including heteronormative institutions and arrangements—it should be negatively associated with in-group identification, opposition to homophobia, and support for LGBTQ+ rights among sexual minorities. These hypotheses, which were derived from system justification theory, were assessed in large US samples of sexual minority respondents. In Study 1 (N = 4,530) and Study 2 (N = 1,107), we observed that more conservative sexual minorities expressed weaker sexual identification, and, relatedly, less support for same-sex marriage and adoption and other rights and privileges, as well as less participation in collective action in favor of LGBTQ+ rights. In Study 3 (N = 446), heterosexist system justification was associated with decreased sexual identification and support for LGBTQ+ rights. In all studies, identity and ideology accounted for unique variance in support for vs. opposition to LGBTQ+ rights. Implications for the politics of sexual identity and collective action among disadvantaged groups are discussed.

SEXUAL MOTIVES, MARITAL QUALITY, AND DEPRESSIVE SYMPTOMS OF MID-LIFE SAME- AND DIFFERENT-SEX COUPLES

Abstract Self-determined sexual motives, or self-endorsed reasons for having sex, is a significant determinant of psychological health with notable gendered patterns. However, previous studies mostly focused on young adult different-sex couples and fell short of exploring the mechanisms through which self-determined sexual motives are associated with psychological health. Using dyadic data from the Health and Relationships Project (HARP) on 124 gay, 171 lesbian, and 124 straight midlife married couples, this study examined the mediating role of marital quality in the association between self-determined sexual motives and depressive symptoms. Actor-partner interdependence mediation model (APIMeM) was used for analyses. Results showed significant mediating effects of individual’s own marital quality for all couple types (i.e., gay, lesbian, straight couples), such that individuals with higher levels of self-determined sexual motives reported better marital quality, which in turn was associated with their lower levels of depressive symptoms. For partner effects, same patterns emerged for lesbian and gay couples wherein individuals’ own marital quality mediated the association between their spouse’s sexual motives and their own depressive symptoms. However, there were gendered patterns within straight couples. For women, their own marital quality mediated the association between their partner’s sexual motives and their own depressive symptoms. For men, their spouse’s marital quality mediated the association between their partner’s sexual motives and their own depressive symptoms. These findings suggest marital quality as a useful intervention point to enhance the psychological health of midlife couples in same-sex and different-sex marriages and also highlight the salience of gendered dynamics within straight couples.