Legal Recognition Of Same-sex Relationships Research Articles

Discrimination and normalization as an effortful social practice: An analysis of LGBTQ+ families in Germany

While legal recognition of same-sex relationships and families has increased in many democratic countries, discrimination on the grounds of sexual orientation, both open and subtle, still exists. Drawing on qualitative interviews from Germany, this study uses the grounded theory methodology to analyse LGBTQ+ families’ normalization practices in response to experienced and anticipated discrimination. We show that normalization practices are not merely an assimilation to a neoliberal heteronormative family ideal, as criticised in debates on homonormativity, but require arduous efforts within heteronormative societies. Furthermore, normalization practices simultaneously challenge (traditional) family norms, through both overt political struggles and sub-politically within everyday practices.

Domestic Violence among LGBT + People in China: Results from a national court rulings review

Abstract Purpose Domestic violence has been an emerging area of study in recent decades for lesbians, gay men, bisexuals, and transgender people (LGBT +). While some research discussed domestic violence among LGBT + couples in Western countries, very little attention was paid to the patterns of domestic violence in the Chinese context. Against this backdrop, this study sought to elucidate the prevalence and distinctive features of family violence against LGBT + individuals that have been recorded by court rulings, as well as to scrutinize the responses of the judicial system towards these cases of violence. Methods This study utilized a qualitative research approach, relying on court rulings as the primary data source. Specifically, data were collected from the official website that publishes judgments from courts at all levels of China. Content analysis and discourse analysis were employed as analytical techniques to uncover the underlying patterns of family violence among LGBT + people and examine the responses of the judicial system concerning the protection of LGBT + individuals. Results Through an analysis of the court rulings, the findings reveal a total of fifty-three cases of family violence involving LGBT + individuals. These cases constitute approximately ten percent of all criminal cases concerning the LGBT + population. Among these cases, forty cases involve violence perpetrated by LGBT + intimate partners. The violence can be further classified into distinct categories, including break-up violence, sexual violence, and violence occurring in daily life. The consequences of such violence typically result in fatalities or physical injuries. Another form of violence examined in the study is observed within legal partnerships, such as between a heterosexual husband and his lesbian wife. This type of violence also tends to lead to severe outcomes, including deaths or bodily harm to the victim. Furthermore, one noteworthy case of family violence discussed in the research involves a parent–child relationship. Conclusions This study uncovers multiple sources of violence experienced by LGBT + individuals within the context of domestic relationships in China. While LGBT + individuals can employ criminal law to protect their rights as citizens, the legal recognition of same-sex relationships remains rare. Yet, this legal recognition could change the situation in same-sex families troubled by family violence.

Disparities in Subjective Well-being by Sexual Orientation: Comparing Cohorts from pairfam’s (2008-09) and FReDA’s (2021) Baseline Waves

Significant expansion of legal rights and recognition of sexual minority populations triggered expectations that structural stigma, sexual minority stress and, consequently, previously well-documented disadvantages in health and well-being may decline over time. The empirical evidence on this issue is, however, still sparse and inconclusive. We contribute to this research by comparing baseline data from the German Family Panel (pairfam; 2008-09) and the German Family Demography Panel Study (FReDA; 2021). These data allow us to assess disparities in subjective well-being by sexual orientation and potential changes therein after legalisation of same-sex marriage in Germany in two adult cohorts interviewed more than a decade apart. We focus on two specific outcomes, namely life satisfaction and self-rated health. Two main findings emerged from our analysis: First, minority sexual orientation is associated with significantly lower subjective well-being, specifically lower life satisfaction. Second, there are no statistically significant changes in the sexual orientation-health nexus between cohorts. Our study, thus, neither lends support to “optimistic” expectations regarding the contribution of (further) reductions in institutional discrimination and structural stigma to (further) reductions in remaining disadvantages, nor does it lend support to “pessimistic” expectations suggesting that younger cohorts of sexual minority adults may experience an even larger gap in health and well-being than previous cohorts. We propose that the stability of sexual minorities’ disadvantages in subjective well-being during the first two decades of the 21st century in Germany be interpreted as the result of two opposing forces working in parallel: Reduced institutional discrimination and increased exposure to continued stigma. The legal recognition of same-sex relationships appears to be a necessary but not sufficient condition for the acceptance of sexual minorities. Remaining disparities by sexual orientation will thus not simply disappear when institutional discrimination of sexual minorities is eliminated. Currently, we may therefore find ourselves in a “transitory period” whose further evolution is difficult to predict. FReDA – with its evolving longitudinal dimension and the inclusion of self-reported measures of respondents’ sexual orientation – will constitute a powerful resource for future investigations of inequalities in yet understudied but increasingly visible sexual minority populations. * This article belongs to a special issue on “Family Research and Demographic Analysis – New Insights from the German Family Demography Panel Study (FReDA)”.

Comment l’évolution de l’opinion publique et des réformes législatives influence-t-elle la satisfaction de vie des minorités sexuelles ?

Structural stigma in the form of legal discrimination and population acceptance of same-sex relationships vary greatly across European countries. Previous cross-sectional research has linked such county variation in stigma with life-satisfaction among sexual minorities, but the consequences of the past decade's improvement in legal recognition and social acceptance of same-sex relationships are unknown. In the current study, we, therefore, examined the change in life-satisfaction among sexual minorities between 2012 and 2019 in France, Sweden, and Poland - three countries for which the legal situation and social acceptance of sexual minorities have changed in different directions during the past decade. Between April and July 2012, and again between May and July 2019, the European Union Agency for Fundamental Rights conducted web-based surveys to monitor the fundamental rights situation affecting lesbian, gay, and bisexual (LGB) individuals, living in 28 European countries. For the current study, we analyzed data from all LGB respondents in France, Sweden, and Poland, with no history of migration in 2012 (n = 12,357) and 2019 (n = 21,858). Regression models adjusted for age, gender, education, and relationship status, showed a strong and significant improvement in life-satisfaction among sexual minorities in France between 2012 and 2019 (β = 0.397, 95 % CI: 0.337, 0.457, p < .001), a country that had experienced improvements in legal recognition (e.g., same-sex marriage legislation in 2013) and improved social acceptance during the same period. In Sweden, which had a high degree of legal recognition and social acceptance in place already in 2012, we found a small increase life-satisfaction among sexual minorities between 2012 and 2019 (β = 0.188, 95 % CI: 0.042, 0.333, p = .012). In Poland, who had experienced deteriorating social acceptance between 2012 and 2019, we found a declined in life-satisfaction among sexual minorities (β = - 0.289, 95 % CI: - 0.385, - 0.193, p < .001). Although life satisfaction has increased during the past decade among sexual minorities living in Europe, there are significant variations across countries largely due to the structural stigma and degree of legal recognition of same-sex relationships of those countries. The findings highlight the importance of further efforts to reduce structural stigma by improving legal recognition and social acceptance of same-sex relationships to promote equitable life satisfaction.

The application of the voluntary guardianship regime to same-sex relationships in China

Abstract In China, the establishment of the voluntary guardianship regime in the General Rules of the Civil Law produced an interesting situation where same-sex partners may apply this regime to determine and protect their rights and obligations. This article describes and analyses the recent practices in this regard, drawing on several cases where same-sex partners concluded voluntary guardianship agreements to arrange matters after a ward loses or partially loses civil capacity. This application allows homosexuals freely to appoint their homosexual partner as their guardian, which compensates to some extent for the lack of clear statutory provisions regarding the legal recognition of same-sex relationships in current Chinese law. Nevertheless, there exist several practical problems within the process of applying the legal rules of voluntary guardianship. In addition, owing to the distinct mismatch between the legislative purpose of the voluntary guardianship system and the core essentials of same-sex relationships, the application of voluntary guardianship to same-sex relationships fails to touch on the crucial legal issues of same-sex relationships, for example, financial relations issues and children issues. In view of these, several proposals about both what needs to be done to make voluntary guardianship work better for same-sex couples at this stage and further legislative reform of the formalized regime for same-sex couples in the future are offered.

Sexual Orientation and the right to marry: a case study of ECtHR Oliari and others v. Italy

Same-sex marriage is one of the important issues that have not yet reached full European consensus among EU member states. In particular, in relation to same-sex marriage, ‘The Margin of Appreciation Doctrine’ applied by the European Court of Human Rights has a very important meaning in analyzing same-sex marriage cases. The European Court of Human Rights held that the ‘European Consensus’ or ‘Consensus Argument’ is particularly important when issues in question are morally or ethically sensitive or complex and relate to the choice of social strategy. Specifically, the Oliari case is considered as leading case that has paved the way for full legal recognition of same-sex relationships in Europe. Furthermore, it is the first case to regard legal recognition and protection for same-sex couples as a Positive State Obligation . The fact that the European Court of Human Rights did not respond to the claim of violation of Article 14 (the principle of non-discrimination) in conjunction with Article 8 of the European Convention on Human Rights has naturally been criticized. Nevertheless, it should be emphasized that the Principle of Proportionality played an important role in the reasoning process of the Oliari decision. In addition, there are good lessons that Korea can learn from the Oliari decision particularly in the relation to Positive State Obligation to recognize same-sex relations as well as making progressive interpretation to sufficiently protect the rights of sexual minorities.

Sex and Gender Diversity in Southeast Asia

The United Nations human rights system has recognized rights of lesbian, gay, bisexual, transgender and intersex individuals (LGBTI), with key decisions in 2011 and 2016. To what extent are the rights of these groupings respected in Southeast Asia? The visibility of LGBTI is low in Southeast Asia and government attitudes vary. Criminal laws, both secular and Sharia, in some jurisdictions, have prohibitions, but active enforcement is rare. Discrimination in employment is prohibited by law in Thailand and in local laws in the Philippines. Change of legal ‘sex’ for transgender individuals is sometimes possible. Legal recognition of same-sex relationships has been proposed in Thailand and the Philippines, but not yet enacted. Marriage has been opened to same-sex couples in neighboring Taiwan. Laws on adoption and surrogacy generally exclude same-sex couples. So-called ‘normalizing surgery’ on intersex babies needs to be deferred to the child’s maturity, to protect their health and rights.

Police response to same-sex intimate partner violence in the marriage equality era

ABSTRACT Growing research attention is being devoted to intimate partner violence (IPV) involving sexual minority individuals, which is providing insights about prevalence and disclosure patterns. While this work consistently finds that sexual minority IPV victims are reluctant to report to the police, little is known about actual police response to these victims. One unexplored area concerns how growing societal support and legal recognition of same-sex relationships might affect police response to IPV such as arrest. This issue is particularly timely given the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges that legalized same-sex marriage. The present study examines police response to IPV involving same-sex couples using arrest data from the National Incident-Based Reporting System (NIBRS). Findings indicate a relationship between legal recognition of same-sex marriage and arrest in IPV cases for both male and female same-sex couples. Implications of these findings for policy and future research are discussed.

Preference about Laws for the Legal Recognition of Same-Sex Relationships in Taiwanese People Before and After Same-Sex Marriage Referenda: A Facebook Survey Study.

This study examined the factors related to the preference about laws to legalize same-sex relationships in participants of the first wave of a survey (Wave 1, 23 months before the same-sex marriage referendum) and the second wave of a survey (Wave 2, 1 week after the same-sex marriage referendum) in Taiwan. The data of 3286 participants in Wave 1 and 1370 participants in Wave 2 recruited through a Facebook advertisement were analyzed. Each participant completed an online questionnaire assessing their attitude toward the legal recognition of same-sex relationships, preference about laws to legalize same-sex relationships (establishing same-sex couple laws outside the Civil Code vs. changing the Civil Code to include same-sex marriage laws), belief in the importance of legalizing same-sex relationships, and perceived social attitudes toward the legal recognition of same-sex relationships. The results revealed that those who did not support legalizing same-sex relationships were more likely to prefer establishing same-sex couple laws outside the Civil Code than those who supported the legalization. The form of law preferred to legalize same-sex relationships significantly changed between Wave 1 and Wave 2. Multiple factors, including gender, age, sexual orientation, belief in the importance of legalizing same-sex relationships to human rights and the social status of sexual minorities, and perceived peers’ and families’ attitudes toward the legal recognition of same-sex relationships, were significantly associated with the preference of laws, although these associations varied among heterosexual and non-heterosexual participants and at various stages of the survey.

Extending Rights to Marginalized Minorities: Same-Sex Relationship Recognition in Mexico and the United States

AbstractWhat explains the extension of greater rights to traditionally marginalized minorities? This article compares the extension of legal equality to lebian, gay, bisexual and transgender (LGBT) people in Mexico and the United States with a focus on the legal recognition of same-sex relationships. A national-level comparison of gay rights in Mexico and the United States presents a theoretical puzzle: most theories predict that the United States would have more egalitarian policies than Mexico, but in fact, Mexico has provided greater legal equality for LGBT people for a longer time than the United States. A subnational analysis of equal relationship rights in the United States and Mexico provides evidence to support social movement and partisan theories of minority rights. We find that religion plays a different role in Mexico than in the United States. The different findings at the national and subnational levels suggest the importance of subnational comparative analysis in heterogeneous federal systems.

‘A question of equality and choice’: same-sex couples’ attitudes towards civil partnership after the introduction of same-sex marriage

ABSTRACTSince the introduction of same-sex marriage, there have been two parallel institutions (marriage and civil partnership) for the legal recognition of same-sex relationships in England, Wales and Scotland. The current study aimed to examine how those in a civil partnership or a same-sex marriage perceive civil partnership in the context of marriage equality. Eighty-two respondents completed a qualitative online survey, and their responses were analysed thematically. The respondents were divided between those who viewed civil partnership as: 1) a stepping stone to equality, and felt that civil partnerships should be discontinued; 2) a form of legal recognition free from cultural baggage, and argued the Government should make civil partnership available for all; or 3) those who displayed ambivalence and conflicting views. We conclude by discussing how the principle of formal equality underpinned opinions on all sides, and what implications this might have for how we understand discrimination.

“If You Don't Like Gay Marriage, Don't Get One!”: A Qualitative Analysis of Attitudes Toward Same-Sex Marriage in South Australia

ABSTRACTPrejudice against sexual-minority groups has continuously declined in Australia over the past several decades, yet inequality in marriage policy that denies legal recognition of same-sex relationships remains. Social role theory suggests this may be due in part to traditional beliefs about gender roles that fuel concerns regarding the ability of same-sex couples to raise children because they violate these social norms and roles. The current study identified reasons behind support of, or opposition to, same-sex marriage. Data were collected from a community sample (n = 536) in South Australia through an open-ended question included on a larger survey. Content analysis suggested that gender role norms do play a part in negative attitudes toward same-sex marriage as well as perceptions of same-sex couples' ability to raise children. Our findings also revealed heteronormativity embedded in the responses of participants both for and against marriage equality. Implications for advocacy efforts focused on marriage equality, parenting by same-sex couples, and the focus for future research endeavours in this substantive domain are discussed.

EQUALITY, DIGNITY, AND SOCIAL HARMONY: EXPLORING THE RATIONALES AND MODELS FOR RECOGNIZING SAME-SEX RELATIONSHIPS IN LAW

One of the major changes that has taken place over the past twenty to thirty years has been the extension of the legal recognition and protections for same-sex relationships in a wide range of countries. A number of jurisdictions, including China, are considering the approach that they will adopt. This article seeks firstly to consider the justifications for the legal recognition of same-sex relationships by the state. Three main, compelling rationales are identified which are rooted in notions of the equality of all persons, the dignity and liberty of individuals to form close personal relationships, and the social benefits of recognizing close, personal relationships of same-sex couples. The second part of this article then turns to consider the manner in which same-sex relationships should be recognized. Four models are identified: a “Partial Rights” model; a “Civil Partnerships” model; a “Marriage Equality” model, and a “Diversity of Relationships” model. Reasons for and against these particular models will be examined. In the conclusion, it shall be argued that the choice of model that has been adopted can be seen to depend on a number of factors: the manner in which equality is conceived in that society; the understanding of same-sex relationships therein, and the religious and cultural opposition to same-sex relationships in that society. The models are also not states of affairs that are fixed for all time and many countries have progressed from less extensive forms of recognition to wider recognition over time. Ultimately, it shall be argued that the rationales underlying the recognition of close personal relationships in the law support the “Marriage Equality” model or the “Diversity of Relationships” model. This article thus seeks to provide an understanding of the rationales and models for recognizing same-sex relationships that have been adopted around the world: Its focus is thus comparative but may, in this way, be useful to lawmakers and advocates for legal reform in this area in China and other jurisdictions around the world.

The Interaction of Same-Sex Marriage Access With Sexual Minority Identity on Mental Health and Subjective Wellbeing

ABSTRACTPrevious psychological and public health research has highlighted the impact of legal recognition of same-sex relationships on individual identity and mental health. Using a sample of U.S. sexual minority (N = 313) and heterosexual (N = 214) adults, participants completed a battery of mental health inventories prior to the nationwide legalization of same-sex marriage. Analyses of covariance (ANCOVAs) examining identity revealed sexual minority participants living in states where same-sex marriage was banned experienced significantly higher levels of internalized homonegativity than sexual minority participants living in states where same-sex marriage was legal, even after controlling for state-level political climate. Mental health ANCOVAs revealed sexual minority participants residing in states without same-sex marriage experienced greater anxiety and lower subjective wellbeing compared to sexual minority participants residing in states with same-sex marriage and heterosexual participants residing in states with or without same-sex marriage. Implications for public policy and future research directions are discussed.

SAME-SEX REGISTERED PARTNERSHIPS – A RIGHT TO BE RECOGNISED?

ACROSS Europe, the legal recognition of same-sex relationships has changed rapidly. Of the 47 Member States of the Council of Europe, 26 countries currently recognise same-sex relationships, whether through marriage or registered partnership. Italy, however, remains the only founding member of that organisation that does not provide any formal system for the legal recognition of same-sex relationships.

Legal Recognition of Same‐Sex Relationships: New Possibilities for Research on the Role of Marriage Law in Household Labor Allocation

Research comparing the relative significance of economic exchange theories and gender norms on parents' division of income‐producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same‐sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same‐sex couples as simply “married” or “unmarried”; rather, legal recognition during the past 10 years is better conceptualized as discrete bundles of rights and tracked accordingly. This article, written by a legal scholar, provides substantive legal analysis that is integral to developing a research agenda in this area.

State-level marriage equality and the health of same-sex couples.

We assessed the association between the health of people in same-sex relationships and the degree and nature of the legal recognition of same-sex relationships offered in the states in which they resided. We conducted secondary data analyses on the 2010 to 2013 Current Population Survey and publicly available data from Freedom to Marry, Inc. We estimated ordered logistic regression models in a 4-level framework to assess the impact of states' legal stances toward same-sex marriage on self-assessed health. Our findings indicated, relative to states with antigay constitutional amendments, that same-sex couples living in states with legally sanctioned marriage reported higher levels of self-assessed health. Our findings suggested that full legal recognition of same-sex relationships through marriage might be an important legal and policy strategy for improving the health of same-sex couples.

Religiosity and Same-Sex Marriage in the United States and Europe

In the United States and Europe there has been a remarkable change in the legal recognition of same-sex relationships over the past two decades. Twenty years ago, no nation recognized same-sex marriage. Today in the United States, thirteen states and the District of Columbia permit same-sex couples to marry, while another six provide varying legal recognition of same-sex relationships, such as partnerships and civil unions. In Europe, nine nations permit same-sex marriage, and an additional thirteen nations provide varying levels of recognition to same-sex couples.Support for same-sex marriage has been linked to age, political party, and education. In this paper, we examine the relationship between religiosity (defined as belief in God and importance of religion in a person’s life) and support for same-sex marriage. We caution that correlation is not causation, but find that in the United States and Western Europe, there is a strong correlation, while in Eastern Europe there is not.In the United States, the correlation is remarkably strong. The most religious states (the highest quartile of States in religiosity) all have constitutional bans of same-sex marriage. Of the twelve states in the lowest religiosity quartile, eight permit same-sex marriage, while three more provide some legal recognition of same-sex relationships. In Western Europe, the correlation is not quite as strong, but some of the exceptions can probably be explained by temporary mismatches between popular support and political leadership. In Eastern Europe, however, the correlation is weak, with low religiosity often combined with low support for same-sex marriage. We suspect that this is a result of the legacy of communism, and its suppression of religion.

Religiosity and Same-Sex Marriage in the United States and Europe

In the United States and Europe there has been a remarkable change in the legal recognition of same-sex relationships over the past two decades. Twenty years ago, no nation recognized same-sex marriage. Today in the United States, thirteen states and the District of Columbia permit same-sex couples to marry, while another six provide varying legal recognition of same-sex relationships, such as partnerships and civil unions. In Europe, nine nations permit same-sex marriage, and an additional thirteen nations provide varying levels of recognition to same-sex couples.Support for same-sex marriage has been linked to age, political party, and education. In this paper, we examine the relationship between religiosity (defined as belief in God and importance of religion in a person’s life) and support for same-sex marriage. We caution that correlation is not causation, but find that in the United States and Western Europe, there is a strong correlation, while in Eastern Europe there is not.In the United States, the correlation is remarkably strong. The most religious states (the highest quartile of States in religiosity) all have constitutional bans of same-sex marriage. Of the twelve states in the lowest religiosity quartile, eight permit same-sex marriage, while three more provide some legal recognition of same-sex relationships. In Western Europe, the correlation is not quite as strong, but some of the exceptions can probably be explained by temporary mismatches between popular support and political leadership. In Eastern Europe, however, the correlation is weak, with low religiosity often combined with low support for same-sex marriage. We suspect that this is a result of the legacy of communism, and its suppression of religion.

Book Review: Legal Recognition of Same-Sex Relationships in Europe: National, cross-border and European perspectives., edited by Katharina Boele-Woelki and Angelika Fuchs. (Cambridge: Intersent

Book Review: <i>Legal Recognition of Same-Sex Relationships in Europe: National, cross-border and European perspectives.</i>, edited by Katharina Boele-Woelki and Angelika Fuchs. (Cambridge: Intersent