Same-sex Marriage Research Articles

Analisis Yuridis Eksistensi Hukum Homoseksual dalam Peraturan Perundang-Undangan Indonesia

This research examines the existence of homosexual laws within the framework of legal regulations in Indonesia. The close relationship between law and human rights (HAM) is the main focus, with the issue of homosexuality causing divisions in society. In the context of human rights, universal principles emphasize that every individual has the same rights without discrimination. However, laws and regulations in Indonesia do not yet provide clear guidance regarding the existence of homosexuals. This results in divisions in society. This research uses a normative juridical method with a regulatory and conceptualization approach. The results show that the 1945 Constitution of the Republic of Indonesia and Law of the Republic of Indonesia no. 39 of 1999 concerning Human Rights recognizes human rights without discrimination, but must be in line with religious values, morality and law. Marriage arrangements in Indonesia emphasize marriage as a bond between a man and a woman, based on the principle of belief in one Almighty God. The legalization of same-sex marriage raises various problems, including conflict with religious norms and a decline in birth rates. In the context of criminal law, the spread of ideology that is contrary to Pancasila can be subject to sanctions. Therefore, the movement to legalize homosexuality in Indonesia may face legal obstacles. Indonesian National Work Competencies in the Field of Forensic Audit.Forensic Audit.

Legal Protection and Recognition of Homosexuality in China

As the homosexual population in China is increasing constantly, more people are becoming more open-minded. Attitudes of ordinary people towards homosexuality have slowly changed from exclusion to acceptance. Chinese legal system needs several modifications to better protect the legal rights of homosexuals, including restrictions on violence and same-sex rape and same-sex marriage laws. Due in part to this predicament and traditional social rejection, gays live in an environment rife with violence, prejudice, pressure, psychiatric issues, and even suicide attempts. This research suggests three solutions to obtain their legal rights and social acceptance: homosexual education, a homosexual organization, and legal reforms. This study aims to further the cause of binary-sex individuals while assisting the homosexual communityand, in an ideal world, all sexual minority groupsin obtaining their legal rights and protection. It also aids in identifying the areas of the Chinese legal system that require alteration as contemporary society moves toward a more liberal ideal.

PROBLEMATICS OF LGBT ACCORDING TO MAQASID AL-SYARIAH WITH HIFDZ NASHL

This research reviews LGBT issues which are increasingly being discussed because everything seems to be something normal. This is due to the increasing access to globalization, reaching 8,013 cases in Bogor district where LGBT marriages are taking place. Thus this study analyzes the problems related to LGBT marriage to hifdz nashl. This research also uses qualitative methods with literature review, is library research which is literature review research by collecting various sources from both primary and secondary sources and uses library research methodology in analyzing secondary legal materials in the form of reading, analyzing, and collecting data from library research The results of the research are related to Islamic views which include the Qur'an and hadith as well as the consensus of the scholars who say that marriage is an act that is unlawful because of the impact of the LGBT community. In this case, the problems of LGBT marriages can have a major impact on hifdz nashl, as well as discussing how marriage in Islam should be carried out by a man and a woman and perform consent qobul between the man and the marriage guardian with two witnesses. So, when a man marries a man or vice versa it will be equated with adultery which is unlawful.

An International Civil Law Approach to the Legal Certainty of Same-Sex Marriage with Differences in Citizenship (Case Study of Ragil Mahardika and Fred Vollert Frederik)

The phenomenon of same-sex marriage is a phenomenon that is widely discussed in society. The marriage of Ragil Mahardika and Fred Vollert Frederik contains foreign elements when viewed from the perspective of the subjects who are citizens of different countries, Indonesia & Germany. Their marriage can be considered valid in Germany in accordance with the principle of "Lex Loci Celebrationis" which means that the law that applies to a marriage is in accordance with the law of the place where the marriage took place but cannot be said to be valid. If we refer to Indonesian state regulations, the benefit of this writing is to know for sure whether the marriage can be said to be valid or not. The research method used in this research uses normative juridical by studying and analyzing social phenomena that occur in society in order to understand the conditions and solutions to the problems that occur. This article was written about same-sex marriage to find out whether the marriage can be said to be legal or not.

What Happens When Privilege Boundaries are Falling? Declining Marriage Rates in Counties that Most Strongly Resisted Marriage Equality

From 1998 to 2008, conservative activists placed initiatives on ballots in 30 states seeking preemptively to ban marriage for LGBTQ couples. They succeeded in every state, commonly with lopsided vote tallies. We examine what has happened to marriage rates in communities where those battles took place, as beliefs pertaining to marriage equality became more progressive in the nation as a whole and as state-level bans soon fell under the weight of state legislation and state and federal judicial rulings. Counterintuitively, we find that marriage rates have declined the most in communities where opposition to marriage equality was strongest in the early 2000s—so much so, in fact, that they are now indistinguishable from marriage rates in communities where opposition to marriage equality was weaker.

Equality (Kafa'ah) In Marriage: A Dialogue of Islamic, State, and Customary Law in INDONESIA

Purpose: Religious (Islamic), state and customary laws in Indonesia offer the same concept with different indicators. Islam offers the aspects of religion, descent, wealth, and beauty as elements to be considered. The state adds the aspect of age as a physical and psychological consideration for couples facing marriage. Customary law accommodates all of them by requiring the requirement of customary social strata in marriage. The praxis dialogue of the three laws above in Sasak tribal society is the object of study in this research. Theoretical Framework: Equality in marriage is a religious teaching, some of which is also constructed in local cultural values. The meeting of religious and cultural values sometimes does not go hand in hand, and gets resistance from the community. Conflict theory, social change, and Islamic methodology are used as basic theories. Method: The research used qualitative descriptive-analytical method, by observing the words, actions, and feelings of the informants in the research. Documentation and interviews were used to find the deepest things object of the research. Results: The study found that the equality required in the Sasak traditional marriage system aims to maintain descendants well and intact. However, the social strata requirements imposed in Sasak society have an impact on injustice on the female side and ignore the value of equality between humans. Marriage with mandatory equal conditions in social strata is widely ignored and resisted by the community. Social changes that cover the education system, economy, politics, communication, culture, technology, and other elements of novelty are a trigger for dialogue and resistance to the mandatory requirement of equality in social strata in Sasak traditional marriage. Religion and the state safeguard the legal needs of the community based on equality, justice and partiality. Conclusions: In principle, both religious law (Islam), customary law and state law aims to protect citizens and help them to achieve the goals of marriage. However, the meeting of the local values of a particular culture with the universal values of religion and the state is often not in harmony. Local culture values are still restrained by the old culture (feudalism), while religious and state laws tend to be open. With the opening of access to education, the mindset of the community has changed, which is also in line with the accelerated development program in Lombok.

Direct democracy and equality: context is the key

AbstractDirect democratic instruments are increasingly applied in many European countries. They are subject to an ongoing public—and often highly controversial—debate. The question of how direct democracy relates to equality, i.e. if direct democratic instruments have the potential to foster equality or if they lead to more inequality, is crucial in this debate. Research has struggled to come up with a general answer to this question with scholars assuming equality as well as inequality-promoting effects of direct democratic outputs. In this paper, we try to shed new light on this controversial debate and argue that the impact of direct democracy on equality essentially depends on the social and political context in which the decisions take place. In order to examine the impact of context factors on direct democratic outputs, we first analyze the influence of country-specific variables such as the level of equality and the age of democracy—applying large-N multilevel logistic regressions. Yet, these statistical analyses offer no clear results: the effects of the country-specific variables are rather blurry and hard to make meaning of. The result suggests that other factors than the ones we included in the regressions are decisive for the effect of direct democratic instruments on equality. Therefore, in a second step, we demonstrate how country-and case-specific variables such as social and political characteristics impact the outcomes of direct democracy, using the same-sex marriage referendums in Ireland and Slovenia in 2015 as examples. We conclude that context factors are too complex to be grasped in a large-N, statistical analysis. This means that to understand how context influences the effects of direct democratic instruments on equality, for now, one has to go beyond the lens of statistical analysis and look at the respective cases in great depth and detail.

Exploring the Necessity and Potentials of Legalizing Same-sex Marriage in China

In recent years, the LGBTQ+ community in mainland China has been gaining attention of the society. More and more studies have focused on the issue of affirmative action for the LGBTQ+ community, but a more detailed discussion on the legalization of same-sex marriage in mainland China is still lacking. Therefore, this paper aims to discuss the necessity of legalizing same-sex marriage in China and potentially feasible ways to better protect the right to freedom of marriage that the homosexual community deserves. It is expected that this study will advance the process of legalizing same-sex marriage in China to better safeguard the legitimate rights of the homosexual community.

INHABITING THE MIDDLE GROUND: THE CASE OF BORN-AGAIN CATHOLICS

Once fierce adversaries, American Catholics and Evangelical Christians have grown closer politically over the past decades, finding common ground on issues such as abortion and same-sex marriage. These bonds have grown so strong that a notable portion of Catholics now identify as “born-again” despite their religious tradition not being characterized as one that requires its members to have a born-again experience. This manuscript investigates how prevalent these born-again Catholics are throughout the electorate and how they differ politically and religiously from born-again Protestants as well as Catholics who do not identify as born-again. Using data from the Cooperative Election Study (CES), I find that born-again Catholics display higher levels of religiosity and identify as being more conservative and more Republican than Catholics who do not identify as born-again. However, as a group, they are not as conservative, nor display as high levels of religiosity, as their white evangelical counterparts. In short, born-again Catholics appear to be habiting a “middle ground,” having “dual-reference groups” as Welch and Leege (1988) called it, and, in so doing, they span the divide between Catholicism and Evangelicalism. These born-again Catholics may also be the bridge that is responsible for the forging of political bonds between the two religious traditions.

Relational Well-Being Among Lesbian, Gay, and Bisexual Young Adults in Taiwan: Before and After the Legalization of Same-Sex Marriage

Relational Well-Being Among Lesbian, Gay, and Bisexual Young Adults in Taiwan: Before and After the Legalization of Same-Sex Marriage

К проблеме достижения равенства женщин в России (история и современность)

This article examines the evolution of the role of women in Russia and the slow process of establishing gender equality. Analysis of changes in the property status of women based on the study of legal documents is pre-sented. The article considers the abuse of a wife in a patriarchal family. It is emphasized that true gender equality can be talked about only after 1917. In the XXI century women in Russia already occupy equal posi-tions with men in almost all spheres of social activity: in the family, in education, in the labor market, which is promoted by the state policy. Most modern representatives of the weaker sex achieve economic independence from their husbands, while retaining the status of wife and mother. This is an example for all the peoples of the world, as opposed to Western countries, the United States, where same-sex marriages are promoted, where there is no mom and dad, but there is parent No. 1 and No. 2. The results of a questionnaire survey of student youth representatives on their assessment of the role of women in modern society and the family are present-ed. It is revealed that the current situation is characterized by polar tendencies: against the background of the general emancipation of women in Russian society, some of them strive to voluntarily give up gender and fi-nancial independence in favor of men.

Adoption by same-sex couples: global trends, problems and prospects

The article is devoted to the consideration of the problems and peculiarities of the regulation of adoption (adoption) relations by same-sex couples in the legislation and law enforcement practice of foreign countries, the characteristics of the conditions and restrictions on the adoption of children by such partnerships, the study of the normative principles of adoption in Ukraine, the practice and prospects for the application of this institution, the formulation conclusions and proposals for improving the national system of legal regulation of adoption relations, protection of children’s rights and interests.
 The article notes that in Ukraine, as in many countries of the world, the institution of adoption of children by same-sex couples does not exist as such due to the provisions of public order, which provide for the possibility of concluding exclusively a traditional classical marriage between a man and a woman.
 At the same time, in the national legislation of those states in which same-sex marriages / partnerships are recognized and equated in legal status with registered marriages, opportunities are gradually provided for the adoption and further education of children by same-sex couples. In such countries, registered partnerships provide for the care and education of children both as a result of their birth as a result of surrogate motherhood and as a result of adoption. Analyzed sociological and psychological studies prove that children raised in same-sex couples are generally less successful, have some problems with adaptation and social communication, but they receive more care and attention than they would receive in orphanages or other institutions. organizations of this type.
 The legislation of Ukraine does not recognize consanguineous marriages and partnerships, accordingly, such families are deprived of the right to adopt children under national legislation. At the same time, taking into account the global trends in both the perception of same-sex marriages/partnerships and the granting of them the opportunity to adopt children, as well as the development in Ukraine of the draft Law on the Institute of Registered Partnerships No. 9103, we note the possibility of changes in the legislative approach in the regulation of these relationships.

The supply and demand of marital contracts: the case of same-sex marriage

The supply and demand of marital contracts: the case of same-sex marriage

“There’s theology and then there’s the people I love. . .”: Authority and Ambivalence in Seminarians’ Attitudes Toward Same-Sex Relationships, Marriage, and Ordination

Abstract Drawing from 102 in-depth interviews conducted with first-year Master of Divinity (M.Div.) students at a Mainline Protestant seminary, this paper examines how students describe and account for their positions on homosexuality, same-sex marriage, and the ordination of gay and lesbian clergy. We found that students on “both sides”—i.e., those who lean affirming and those who lean non-affirming—invoked three primary authorities in their accounts: Biblical authority, Godly authority, and the authority of lived experience, as demonstrated in the lives of gay and lesbian people. We also found that nearly one-third of the students in our sample expressed uncertainty, ambivalence, and/or contradictions in their responses. Through a close analysis of these accounts, we show that ambivalence and uncertainty are rooted in attempts to navigate and “reconcile” the pulls of these different authorities and that attitudinal certainty is often accomplished by privileging one authority over others.

The Meaning of ‘Marriage’: A Christian Perspective in a Zambian Context

This article focuses on the institution of marriage. It seeks to clarify the meaning of same-sex union from a Christian point of view and tries to tease out how this may be located within the conception of the institution of marriage. It is an attempt at redressing what seems to be a growing misuse of the term "marriage" in so far as it is applied outside the context of heterosexual union, a situation that, in the authors’ view, if left unchecked, may lead to the loss of the meaning of the term. Against this backdrop have been some contentious maneuvers by some sections of society in Zambia to push for the legalisation of same-sex marriages, which has bred divergent views among Zambians. The rationale behind the study, therefore, was to provide a critical difference between the union of the same sex and that of the opposite sex. Methodologically, the study was a desk review that sought reliance on secondary data to analyse and bring to light what marriage means in line with Christian teaching. It is apparent from the analysis of the paper that the general feeling of the majority Zambians is that the fact that other countries have legalised same-sex unions should not sway Zambia as a nation, as she has her own ground to position her stance on the matter, with the church as her pillar.

The transition from cohabitation to marriage in Spain: differences and determinants in same-sex and different-sex couples

Same-sex households and non-heterosexual people’s living arrangements are an expanding area of research in family studies. This contribution focuses on the transition from cohabitation to marriage of same-sex couples in comparison to different-sex couples in Spain, i.e., one of the pioneer countries of same-sex marriage that was legalized in 2005. In this particular context, we investigate to what extent same-sex couples and different-sex couples present similar marriage risks. Employing Event History Analysis and using data from the 2018 Spanish Fertility Survey, we find that, overall, same-sex couples have a significantly lower hazard of transitioning from non-marital cohabitation to marriage than different-sex couples. When restricting the sample to currently co-residing couples, the difference in the hazard of marriage between the two couple types remains negative but becomes insignificant. We thus disprove that same-sex couples have a higher incentive for marriage. These results are discussed in light of the different composition of same-sex vs different-sex couples in terms of their socio-demographic profile and motivations for marriage.

Constitutions as moving targets

AbstractConstitutions change in different ways, and some constitutions – such as the Chilean Constitution – change often. The significant changes to the Chilean Constitution have been frequent and fast, and they have accompanied the failed constitution-making processes of the previous years. Examples include crucial sub-constitutional statutes such as the electoral system regulation and same-sex marriage, political practices challenging the power of the president in the law-making process, constitutional rules such as term limits for legislators, judicial practices such as the enforcement of social rights and the amendment procedures of the Constitution itself. Despite the successful attempts at reforming the Constitution and the failed attempts at replacing it, Chileans are still trying to replace the constitutional document. However, the constitutional framework has become unstable, making it harder to agree on what exactly is wrong with it. This article seeks to open a conversation in the constitutional literature. It argues that constitutions can become moving targets and uses the Chilean case to show the need to theorize more about the moving target problem.

Herman Bavinck and same-sex marriage: A current application of older theological concepts

It seems like an anachronism to turn to Herman Bavinck for a vision of homosexual relationships in the church. It is indeed an anachronism when we look at Bavinck’s treatment of this phenomenon. Except for a reference to ‘unnatural sin’, he does not explicitly reflect on this theme. Yet, his theological concepts may offer possibilities for creating an openness to same-sex marriage in the church. This article examines four of Bavinck’s concepts, namely the concepts of catholicity, hermeneutics, subjectivation and worldview. While the first three concepts suggest an openness, it is different with the fourth concept. This leads to the question of how to value it. Added to this, it is uncertain how Bavinck’s later hermeneutical insights relate to his Christian worldview. In this article, these insights are weighed, and the conclusion is drawn that there is no evidence that the relativisation of historical and natural worldviews in the Bible also applies to Bavinck’s moral biblical worldview. Therefore, it seems that Bavinck’s concepts do not lead to openness for same-sex marriage in the church. If we make use of these concepts today, we must again account for the weight we assign to the various concepts, their interrelationship and the relative weight of each concept with respect to other concepts.Contribution: This research contributes both to the understanding of the tensions in Bavinck’s theology, to the consciousness of Bavinck’s hermeneutics, and to the reflection on same-sex relationships in the church.

Reliability and Validity of the Vietnamese translation of Same-Sex Marriage Scale

Vietnam, in many ways, remains a Confucian nation. The Confucian heritage touches many aspects of people’s lives. In this context, homosexuals do not face severe punishments, but face social stigma or public misunderstanding. Same-Sex Marriage is also not accepted because of limited legal support. Therefore, there is a need to study attitudes towards same-sex marriage in Vietnam. The purpose of this article was to validate a Vietnamses version of the Attitudes Toward Same-Sex Marriage Scale (ATSM) designed by Pearl & Galupo (2007) in a Vietnamese population. The sample in this study was 570 students from six universities in Ho Chi Minh City, Vietnam. The data collection method used was face-to-face questionnaire. Students completed the Attitudes Toward Same-Sex Marriage Scale and other variables in the questionnaire. The respondent’s characteristics also explored through the survey include: gender, what year students are from, religion of the students, what region students are from and their ethinicity. The study found the Vietnamese translation of the ATSM scale both reliable and valid and suitable for research use.

Scripture in Stormont: Incidental reference to the Bible in Northern Irish politics

The Bible has long permeated Northern Irish culture and politics and continues to play a role even today, as politicians appeal to the words of Scripture in reference to their position on social policy issues such as equal marriage and abortion. In this article, however, I will show that the Bible also appears incidentally in Northern Irish politics, employed in discourse to demean, console, or entertain, and not to direct policy decisions. I discuss examples of reference to the Bible in the Northern Ireland Assembly and show that by comparing others (or oneself) to characters from the Bible, members are mostly engaging in criticism or mild attack of political opponents, but not without a certain role for humor in what might be designated “biblical banter.” I thus illuminate one aspect of the cultural role played by the Bible in the everyday language of politics in Northern Ireland.