Marriage Amendment Research Articles

Psychological and demographic predictors of support for same-sex marriage: an Australian survey

ABSTRACT Marriage equality has been a topic of political debate worldwide, with several countries legalising marriage between two consenting adults regardless of sex or gender since the early 2000s. In 2017, Australia legalised marriage equality through the Marriage Amendment (Definition and Religious Freedoms) Act 2017. This decision followed a voluntary postal survey open to adult citizens to gauge public support for marriage equality. Although marriage equality was legislated, there is a need to understand community attitudes in order to promote safe environments for all citizens. Our study investigated demographic, personality characteristics, and social factors predictive of both attitudes towards marriage equality and response to the postal survey. Data were obtained from 250 Australian respondents through an anonymous online survey. Participants held positive attitudes towards marriage equality and 82% had returned a survey in favour of marriage equality. Attitudes towards LGBTQ+ people, sex, sexuality, geographic location, religious fundamentalism, social political conservatism, degree of comfort with gay and lesbian people, attitudes to marriage and marriage gender roles, gender role beliefs, general empathy, empathy towards same sex attracted people, and right-wing authoritarianism predicted attitudes to marriage equality and/or survey response. Findings suggest that increasing empathy towards and contact with LGBTQ+ people may increase more positive attitudes towards LGBTQ+ people and marriage equality.

Mental Disorder as a Ground for Divorce in the Czechoslovak Marriage Amendment and Comparison to Hungarian Law

The author reviews mental disorder as a ground for divorce in the Czechoslovak Act No. 320 of 1919 Coll. This Act was called the Marriage Amendment and was in effect for the Czech countries until 1950. The author considers the wording of the Act itself, the explanatory report, jurisprudence, and the court practice. The author compares it to the Hungarian marriage law that continued to be effective in Slovakia until 1950. It was Act No. XXXI of 1894 (the so-called Marriage Act), which regulated divorces in Slovakia, despite adopting the Czechoslovak Marriage Amendment. The Hungarian Marriage Act did not recognise mental illness as a ground for divorce. However, it was a controversial topic in both legal environments, the Hungarian and Czechoslovak.

AIDS, Love and the Law: From the Human Rights Act to Marriage Equality in New Zealand

ABSTRACT The terrain of debate over lesbian and gay rights in New Zealand changed markedly between 1993 and 2013. This article compares parliamentary and public discussion of the 1993 amendments to the Human Rights Act, about which very little has been written, and the Marriage (Definition of Marriage) Amendment Bill of 2013, to track a range of ideological stances and discursive positions over a 20-year period. Those sceptical about lesbian and gay rights fashioned a changing set of discursive frames that spoke to HIV/AIDS and then the trope of “political correctness”: their arguments, which draw upon a range of international influences, fractured and became more complex as time went on. There has been a shift towards a politics of love since the start of the new millennium, and a rapidly increasing acceptance of the lives of gay and lesbian New Zealanders.

POSSIBLE CONSEQUENCES OF DECLARING CIVIL AND CUSTOMARY MARRIAGES VOID

The consequences of declaring a civil marriage entered into during the existence of a customary marriage or vice versa void could have nowhere been fully canvassed. On the face of it, it merely calls for a declaration of invalidity of the existing marriage, but it raises various ancillary issues which have not been addressed. We do not discuss the judgments declaring marriages void, but focus on the consequences of such judgments. For a variety of reasons it is important to determine whether a civil marriage, concluded subsequent to a customary marriage, is valid or ab initio void, or vice versa. To mention but one reason: “Where immovable property, a real right in immovable property, a bond or a notarial bond – (d) is registered in the name of a person who on the date of the registrationwas a party to a marriage governed by the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998) the registrar shall on the written application by the person concerned and on the submission of the deed in question and of proof of the relevant facts,endorse the change in status or make a note of the effect that the said person is a party to a marriage in community of property, as the case may be” (S 17(4) of the Deeds Registries Act 47 of 1937). When a marriage is void, no consequences flow from it, except in so far as it may be deemed to be a putative marriage. Lawyers, officials and the public at large still do not seem to realize that interms of sections 2(1) and (2) of the Recognition of Customary Marriage Act (120 of 1998) customary marriages entered into before and after commencement of the Act are for all purposes recognized as marriages. The case of Netshituka v Netshituka (426/10 [2011] ZACSA 120 dated 2011-07-20) has now given clear direction as to the validity or non-validity of civil marriages concluded after the Marriage and Matrimonial Property Law Amendment Act 3 of 1988. Also in Thembisile v Thembisile (2002 (2) SA 209 (T) par 32) Bertelsmann J held that a civil marriage contracted while the man was a partner in an existing customary marriage with another woman was void. The position of the validity of civil marriages, entered into prior to and after the said Amendment Act, will now be discussed.

Applying a causal ambush marketing framework to social media: The ‘Pleasure is Diverse’ campaign and the Australian marriage amendment

The present study applies Pope and Wæraas’ (2016) CSR-washing conceptual framework in a social media context using the recent case involving Streets ‘Pleasure is Diverse’ campaign and the Australian marriage amendment. Sentiment analysis examined the posts to Unilever's Magnum ice-cream campaign. We applied the framework's five conditions, and the findings indicated support for the operationalisation of Pope and Wæraas’ (2016) washing framework. The findings suggest that consumer sentiments in this case of causal ambush marketing had four general themes: (1) Supportive Advocates; (2) Anti-Advocates; (3) Moral Detractors; (4) Sceptics.

From conflict to consensus: Reconciling the right to freedom of religion and LGBT rights

This Brief considers the tension between the right to freedom of religion and LGBT rights in the context of the landmark ‘wedding cake case’ decided by the US Supreme Court in June 2018 and the Australian Marriage Amendment (Definition and Religious Freedoms) Act 2017. The author proposes a proportionality approach for balancing claims between LGBT rights and freedom of religion, drawing on international norms, case law and the work of progressive religious leaders and academics. The author further suggests that the practical utility of this approach could be bolstered through diverse cross-cultural dialogues between members of LGBT groups and religious groups, with the aim of developing an ‘overlapping consensus’ on core human rights norms.

The politics of difference: posting my ‘vote’ on marriage equality

This article provides an insight into the author’s lived experience of the postal survey on same-sex marriage and the passing of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth). It is a reflection on the emotional and intellectual tensions the journey provoked – for a member of the queer community, a mother, daughter, feminist and scholar.

Implicit moral evaluations: A multinomial modeling approach

Implicit moral evaluations—i.e., immediate, unintentional assessments of the wrongness of actions or persons—play a central role in supporting moral behavior in everyday life. Yet little research has employed methods that rigorously measure individual differences in implicit moral evaluations. In five experiments, we develop a new sequential priming measure—the Moral Categorization Task—and a multinomial model that decomposes judgment on this task into multiple component processes. These include implicit moral evaluations of moral transgression primes (Unintentional Judgment), accurate moral judgments about target actions (Intentional Judgment), and a directional tendency to judge actions as morally wrong (Response Bias). Speeded response deadlines reduced Intentional Judgment but not Unintentional Judgment (Experiment 1). Unintentional Judgment was stronger toward moral transgression primes than non-moral negative primes (Experiments 2–4). Intentional Judgment was associated with increased error-related negativity, a neurophysiological indicator of behavioral control (Experiment 4). Finally, people who voted for an anti-gay marriage amendment had stronger Unintentional Judgment toward gay marriage primes (Experiment 5). Across Experiments 1–4, implicit moral evaluations converged with moral personality: Unintentional Judgment about wrong primes, but not negative primes, was negatively associated with psychopathic tendencies and positively associated with moral identity and guilt proneness. Theoretical and practical applications of formal modeling for moral psychology are discussed.

Queerly Beloved


 On 17 April 2013, the Marriage Amendment Act passed its final reading in New Zealand’s Parliament. This legislation was a milestone for the LGBTQI+ community. There was, however, little mention of the remaining institutional, legislative and socioeconomic barriers the community faces. Marriage equality was purported to be the final frontier in rights—yet much remains to be achieved before equality is realised. While state recognition is important for the community (as this ensures basic legal protections and rights), the relationship between many members of the LGBTQI+ community with the state has been, and continues to be, fraught. These tensions become visible when considering the poverty many in the community are subject to, especially transfolk, and issues faced when engaging with the health and education systems. Despite the positive changes achieved over recent years, there is still a need for ongoing mobilisation to bring pressure to bear upon the state.

Cross-cutting Messages and Voter Turnout: Evidence from a Same-Sex Marriage Amendment

Does disagreement stimulate political participation, or discourage it? Some researchers find that exposure to cross-cutting views demobilizes voters. Selection bias in the way individuals expose themselves to disagreement and other sources of endogeneity pose challenges to causal inference. I address these concerns by using an experimental design that exogenously assigns cross-cutting or reinforcing messages. A random sample of North Carolina Democrats and Republicans received postcards summarizing either liberal or conservative opinions on a statewide same-sex marriage amendment. I find that individuals exposed to disagreement demobilize by 1.0 to 1.6 percentage points, with the majority of the combined effect attributable to a 2.0-percentage point decrease in turnout among Republicans receiving a Democratic message. I observe a similar level of demobilization when defining disagreement on the basis of predicted issue position on same-sex marriage in place of partisan affiliation. The effects are strongest among moderate supporters of traditional marriage that receive a cross-cutting treatment. The experimental design thus enables causal evidence on the nuanced interactions between political or issue position and exposure to campaign information from the opposing side.

Kitchen versus Herbert

The court does not need to impugn the motives of voters to resolve the question of the constitutionality of Utah's marriage amendment. Charging voters with bias will unnecessarily marginalize those who disagree and chill public debate.

The Sky Didn't Fall: The Meaning and Legal Effects of the North Carolina Marriage Amendment

The Sky Didn't Fall: The Meaning and Legal Effects of the North Carolina Marriage Amendment

Legislating Unequal Treatment: An Exploration of Public Policy on Same-Sex Marriage

Social policy surrounding same-sex marriage has resulted in subsequent changes to public policy. Over the past 15 years, increased discussion surrounding the issue has emerged, inciting the Defense of Marriage Act (DOMA) and the proposed Federal Marriage Amendment (FMA). It is particularly salient for social workers to keep abreast of legislation that is impacting vulnerable and disenfranchised populations. Since the social work profession espouses social justice values for those who are oppressed, inclusion of gays and lesbians in this mission must take a higher priority, especially in light of the social capriciousness that has recently emerged. This article provides a history of the policies that have framed the current national debate about same-sex marriage as well as recent judicial and legislative changes. A summary of the social and economic consequences to same-sex marriage bans will be provided along with social work implications.

Same‐Sex Marriage: The Social and Psychological Implications of Policy and Debates

The political debates and policies related to the civil marriage rights of same‐sex couples have psychological and social impacts on lesbian, gay, bisexual individuals and same‐sex couples and also on their families, friends, and communities. The overarching goal of this issue was to significantly advance the previous sparse literature on these impacts. The result is an international, interdisciplinary, methodologically, and theoretically diverse collection of original empirical research articles that collectively address three broad questions: (1) What are the social and psychological effects of marriage amendment campaigns and policies? (2) How does civil marriage compare to other statuses for same‐sex couples or marriage in other countries? (3) How do anti‐gay initiatives affect heterosexual allies and intergroup relationships? Across the diverse approaches and populations that comprise this volume, findings converge in demonstrating that the denial of civil marriage rights is a significant public health issue with important policy implications.

Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia

Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia

What Was Stonewall? The Role of GLB Knowledge in Marriage Amendment-Related Affect and Activism among Family Members of GLB Individuals

Drawing on sexual identity development theory and interpersonal contact theory, this study explored GLB knowledge and GLB internalized affirmation as mediators of connection to GLB community and outcomes including negative marriage amendment-related affect and level of activism among family members of GLB individuals (N = 206). Using structural equation modeling, knowledge of GLB history and symbols mediated the relationship between the connection of family members to GLB community and negative marriage amendment affect as well as reported GLB activism. Although GLB connection positively predicted internalized affirmation, a mediating relationship was not found. The findings suggest family members who engage with GLB issues beyond interpersonal contact and self-disclosure to encompass a broad civil rights perspective on GLB rights are most negatively impacted by marriage amendments in terms of affect and are most likely to engage in GLB-specific activism. Implications of the findings are discussed.

Exploring the Defeat of Arizona's Marriage Amendment and the Specter of the Immigrant as Queer

Arizona voters became the first in the United States to defeat a so-called marriage amendment, “Protect Marriage Arizona” (PMA), in 2006. Also that year, PMA joined four ballot measures targeting the rights of immigrants on the Arizona ballot. At the same time that these immigration measures overwhelming passed by 3-1 margins, PMA failed, making LGBT history. This essay argues that PMA failed in Arizona because the anti-PMA campaign, Arizona Together, used “straight-washing” and “white-washing” strategies. These strategies proved successful because immigrants have been positioned as the most “queer” and deviant group in Arizona. While such strategies may have garnered short-term success, in 2008, in a different political environment in regard to immigration, Arizonans approved a marriage amendment, showing the limitations of such politically expedient strategies.

Marriage amendments and psychological distress in lesbian, gay, and bisexual (LGB) adults.

An online survey of lesbian, gay, and bisexual (LGB) adults (N = 1,552) examined minority stress (I. H. Meyer, 2003) and psychological distress following the 2006 general election in which constitutional amendments to limit marriage to 1 man and 1 woman were on the ballot in 9 states. Following the November election, participants living in states that passed a marriage amendment reported significantly more minority stress (i.e., exposure to negative media messages and negative conversations, negative amendment-related affect, and LGB activism) and higher levels of psychological distress (negative affect, stress, and depressive symptoms) than participants living in the other states. Multiple hierarchical regression analyses revealed significant positive main effects of minority stress factors and state ballot status on psychological distress. In addition, the association between amendment-related affect and psychological distress was significantly higher in states that had passed a marriage amendment compared with other states. Discussion of these findings emphasizes that marriage amendments create an environment associated with negative psychological outcomes for LGB individuals.

Negotiating connection to GLBT experience: Family members' experience of anti-GLBT movements and policies.

There have been numerous legislative initiatives to limit gay, lesbian, bisexual, and transgender (GLBT) people's rights at local, state, and national levels (G. M. Herek, 2006). Although research has focused on how GLBT people are affected by these initiatives, to date no research has explored the impact of this legislation upon the families of origin of GLBT people. This qualitative study sought to explore this topic. Through use of grounded theory methodology (B. G. Glaser & A. L. Strauss, 1967), 10 family members of GLBT people living in a state facing a marriage amendment to limit marriage to heterosexual couples were interviewed. All participants interviewed for this study were supportive of their GLBT relative. The results of this study reflected that anti-GLBT movements and policies affected participants' personal relationships, mental and physical health, perspectives about their country and government, and hopes about the future. Movements and policies shaped personal identity and beliefs for some participants. The clusters, underlying categories and a core category of this study, Negotiating My Connection to GLBT experience, are described with implications for counseling psychologists and other mental health professionals.

On the Potential and Perils of Same-Sex Marriage: A Perspective from Queer Theory

SUMMARY The last decade has witnessed a polemical debate over the merits of same-sex marriage. The crux of this acrimonious debate, the question of legalization, has entered the political vernacular, manifesting in Canada in form of the Civil Marriage Act (2005) and in the United States in form of the recently defeated Federal Marriage Amendment (2006). In this paper, I endeavor to forward the cause for same-sex marriage from the standpoint of queer theory. It will be underscored, however, that the institution of marriage–even when afforded to individuals engaged in same-sex relationships–should not be accepted imprudently. By historicizing and politicizing marriage, this paper will explain why the fundamental ethos undergirding marriage, that is heteronormativity and patriarchy, is inconsistent with some of the core tenets defining queer theory.