Marriage Legislation Research Articles

Possible Legislation of Same-sex Marriage in the Chinese Mainland: Taking the United States Legislations as a Reference

Possible Legislation of Same-sex Marriage in the Chinese Mainland: Taking the United States Legislations as a Reference

A Comparative Analysis of the Interpretation of Maturity Under the Law of Marriage across ASEAN Countries

Annually, child marriage endangers the lives and prospects of millions of youngsters. Despite regulations regulating the minimum age for marriage, this practice is prevalent and troublesome in several nations. Child marriage persists in several regions worldwide despite being disapproved upon in some civilizations. The present work aims to analyze the idea of maturity within the context of marital law. This study involves normative legal research utilizing philosophical, statutory, and conceptual approaches. The methods employed for analyzing legal materials are surveying, questioning, reading, reciting/recalling, and reviewing using logical reasoning. The investigation reveals that the idea of maturity in marriage legislation in countries including Indonesia, Malaysia, Brunei Darussalam, and Vietnam is mostly based on setting a minimum age for marriage, despite the fact that age may not accurately reflect a person’s maturity level.

Determinants of teenage pregnancy in Malawi: a community-based case-control study

BackgroundTeenage pregnancies are a global concern. Malawi is one of the countries with the highest teenage pregnancy rates despite government efforts to reverse the situation and yet studies on determinants of teenage pregnancy are rare with some factors remaining unexplored. Therefore, this study aimed to identify factors associated with teenage pregnancies in Malawi.MethodsThis was a community-based case-control study that used secondary data from the 2015-16 Malawi Demographic and Health Survey from all 28 districts of Malawi. The study population comprised women aged 20–24 who participated in the survey. The study ran from September 2021 to October 2022 and used a sample size of 3,435 participants who were all women aged 20–24 in the dataset who met the inclusion criteria. Data were analysed using Stata 16 software. Logistic regression analyses were used to determine factors. Variables with a P value of < 0.1 in the univariable analysis were included in the multivariable analyses, where statistical significance was obtained at a P value < 0. 05.ResultsData on 3435 participants were analysed. In multivariable analyses: no teenage marriage (AOR 0.13); secondary education (AOR 0.26); higher education (AOR 0.39); richest category of wealth index (AOR 0.51), use of contraception (AOR 3.08), domestic violence by father or mother (AOR 0.37) were found to be significant factors.ConclusionThis study identified determinants of teenage pregnancy. The government has to sustain and expand initiatives that increase protection from teenage pregnancy, reinforce the implementation of amended marriage legislation, introduce policies to improve the socioeconomic status of vulnerable girls and increase contraceptive use among adolescent girls before their first pregnancy. Further research is also recommended to resolve inconclusive results.

Comparative Study Of Reasons For Divorce Based On National Marriage Laws In Indonesia And Turkiye

Marriage aims to build a happy and eternal family, but realizing this is challenging because many factors trigger a conflict that leads to divorce. Research focuses on reasons for divorce based on marriage law. To sharpen reasoning in studying the laws of other countries, the research was carried out using comparison. The country chosen to compare with Indonesia is Turkey because Turkey has reformed family law in the form of a law, apart from that because Indonesia and Turkey have a majority Muslim population with a majority of the Shafi'i school of thought in Indonesia and Hanafi in Turkey. The research method uses a statutory and comparative approach with secondary data, namely Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), and the Turkish Civil Code 1926. The analysis uses three paths with conclusions based on vertical comparisons: Indonesia and the Islamic School of Religion. Shafi’i and Turkey, with the Hanafi School, both adopted some of the provisions of the school to become part of the regulations. Horizontally, the reasons for divorce in the Marriage Law in Indonesia and The Turkish Civil Code 1926 in Turkey are largely similar, and diagonally with a comparison of the history of marriage legislation, namely that every aspect of marriage law regulations is more or less influenced by the school of thought followed by that country.

Religion, Pluralism, and the Australian State after Same-Sex Marriage

Abstract Since the passing of same-sex marriage legislation in 2017, religious freedom has become a prominent feature of Australian public debate. Overwhelmingly, such debates are conducted within a human rights framework where principles such as individual autonomy and protection from discrimination are prioritized over the communal and associational elements of religious life. This in turn tends to augment the power of the state vis-à-vis religious communities and institutions. In important respects, the dominance of human rights represents a new manifestation of the kind of “liberal-statism”—a public philosophy of liberal individualism that accepts the primacy of the state in the management of cultural and religious diversity—that has been a central feature of Australian religion–state relations over time. After some historical discussion of Australian church–state practice, this article argues for a reconsideration of a largely overlooked approach deriving from the English pluralists of the early twentieth century, which promoted greater degrees of group autonomy in relation to a rapidly growing state. It is argued that this tradition has greater potential in responding to the religious diversity of our time than does the current human rights approach with its tendency to reinforce an individualistic or privatized conception of religion, diminish associational life, and thereby reinforce state power.

Imperial debris, intimate partnerships and family law reform in Cameroon

AbstractThis article explores the enduring impact of efforts by the French mandate administration and Spiritan missionaries to regulate intimate partnerships in French Cameroon between 1916 and 1956. Drawing primarily on French archival material, I show how administrators and missionaries sought to domesticate ‘modernity’ through activities targeting women’s status and roles within intimate partnerships. Spiritans promoted monogamous Christian marriage by advocating for Christian legal status and through ‘schools for fiancées’ called sixas, which often provoked violent confrontations. Despite decrying these activities as culturally disruptive, the administration passed significant marriage legislation. While these efforts are characterized as exercises of epistemic violence because of their attempted erasure of women’s and broader local perspectives, I nevertheless highlight their ambiguity. Moreover, garnering insights from history, anthropology, critical legal studies, postcolonial and feminist theory, I argue that remnants of these attempts to reshape intimacy endure as ‘imperial debris’, contributing to the impasse in reforming the Cameroonian Family Code. Further research unearthing local historical perspectives and experiences of intimate partnerships can facilitate more egalitarian family law in Cameroon.

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

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.&#x0D; 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.&#x0D; 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.&#x0D; 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.

Legal Construction of Consanguineous Marriages (Analysis of Article 8 of Law Number 1 of 1974 concerning Marriage)

Inbreeding is an act that violates the law, both marriage law in Indonesia and religious law. As Article 8 of Law Number 1 of 1974 regulates that marriage is prohibited. The main problem to be discussed is related to the legal construction of inbreeding and the analysis of inbreeding based on Legislation of Marriage. This research is normative research using statutory, case and concept approaches. This research shows that there are people who want to end consanguineous marriages through divorce. Meanwhile, consanguineous marriages are marriages that do not meet the requirements for a marriage to be valid, so they must be annulled. The advice from this research is that if someone knows that there is a sibling relationship with the person they are going to marry, then they should not proceed with the marriage. However, if you have already entered into a marriage, the marriage must be annulled. Apart from that, if you are going to get married, you have to do more research regarding the relationship of each couple. This includes registering marriages to prevent marriages between people who are related by blood.

Prohibition of Minor Marriages

In the national marriage legislation, minors belong to the group of material restrictions for entering into a valid marriage. From the aspect of human rights, underage marriage is recognized as a form of gender-based discrimination against girls and boys. Minority, as an element concerning the status of a natural person, is perceived as a certain preparatory phase of life characterized by a lack of intellectual and volitional maturity, as well as the absence of life experience, which affects the prevention of minors from independently protecting their rights and interests. The above is one of the reasons why we believe it is of great importance, in the normative sense, to fully protect, that is, to prohibit the conclusion of underage marriages. The aim of this paper is to indicate the international standards in this area, as well as the need for reform in the legislation of the Republic of Serbia, in terms of the prohibition of underage marriages and their harmful consequences for the persons who conclude them.

The Issue of Gay Men in Marriage to Women in China

Gay mens marriages with females are a social phenomenon that happens in conservative regions and countries lacking gay marriage legislation. These regions and countries restrict the sexual orientation expression of LGBTQ people and try to discipline them to accept the heterosexual marriage. On account of patriarchal society and the emphasis of offspring, Chinese gay people not only suffer from social discrimination, but are also forced to finish marriage and carry on the family line by their parents. This pressure sometimes results in a deceptive marriage. In a deceptive marriage, gay men hide their sexual orientation and deceive their wives to reproduce. Therefore, gays wife become reproductive machines and victims of deceptive marriages. This paper chooses baidu tieba as a virtual field and observes the situations of gays wife in the forum. A part of the participants in forum have known that they are victims of deceptive marriage, but most the forum members just suspect their husbands are gay and are stricken with anxiety. Through observation of gays wife groups, this paper analyses three problems: the AIDS risk, twofold oppression of patriarchy, and demonization of homosexuality. It applies dramaturgy proposed by Goffman to analyse the causes and puts forward suggestions for the three problems.

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 &lt; .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 &lt; .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 Marriage Legislation in the French and Dutch Civil Code

This paper focuses on the historical backgrounds of the marital power in the marriage legislation in the French Civil Code via the works of Robert Joseph Pothier. The legal status of the husband and wife and their mutual relationship as regulated by the first Dutch Civil Code of 1838, which was inspired by the French Civil Code, is also discussed. In the final part of this paper the latest reforms of the marriage legislation are analysed.

Same-Sex Marriage as a Human Rights Freedom in Indonesia: The Perspective of Pancasila and the Marriage Law

Human rights are basic rights that are inherent in humans, so the state is obliged to protect, respect and defend them. Same-sex marriage is a human right. The purpose of this paper is to find out how the legal perspective in Indonesia regarding the legality of same-sex marriage on the basis of freedom of human rights. This research method is normative based with an analytical approach. The results of this study conclude that same-sex marriage on the basis of freedom of human rights does not have a philosophical legal standing because it is contrary to the values contained in Pancasila as the ground norm in Indonesia. On the other hand, Sociologically, same-sex marriage is not in accordance with the culture and culture of the Indonesian nation where its citizens are citizens who uphold the values of the Almighty God. Substantially, same-sex marriage legislation is also not contained in Law No.1 of 1974 concerning marriage which has been changed to Law No. 16 of 2019 concerning amendments to Law No. 1 of 1974 concerning marriage.

From minors to equals? Kalanga women and marriage legislation in post-colonial Botswana, 1966-2005

This article examines rural Kalanga women's reactions to marriage legislation in Botswana between 1966 and 2005. This legislation, it could be argued, fails to challenge the broader inequality which exists between women and men in Botswana. This becomes even more apparent when women are identified as belonging to a minority ethnic group and are resident in rural spaces. This article discusses how modernity, tradition-custom, and the law in Botswana converge today. It aims to demonstrate how some women reacted to the abolition of marital power, with a focus on how they perceive marriage. Focusing on rural Kalanga women, the study investigates reactions to Botswana's constitution of 1966, to the marriage laws of 1967, and the 2004 Abolition of Marital Power Act. Finally, it investigates the gendered impact of these laws - as well as the complex discourses surrounding marriage and human rights - on the lived experiences of Kalanga women. The article reflects on the divergent ways in which many women negotiated their struggle for recognition within their ethnic groups - while also circumventing their inferior position as wives under Botswana law and a patriarchal system. Some women in this study preferred to support a more 'traditional' form of inequality within the household. While this study cannot purport to represent all Kalanga women, it does ask important questions about the Botswana gender agenda and in so doing, raises questions of both the perpetuation of patriarchy and women's agency in Botswana.

From minors to equals? Kalanga women and marriage legislation in post-colonial Botswana, 1966-2005

This article examines rural Kalanga women's reactions to marriage legislation in Botswana between 1966 and 2005. This legislation, it could be argued, fails to challenge the broader inequality which exists between women and men in Botswana. This becomes even more apparent when women are identified as belonging to a minority ethnic group and are resident in rural spaces. This article discusses how modernity, tradition-custom, and the law in Botswana converge today. It aims to demonstrate how some women reacted to the abolition of marital power, with a focus on how they perceive marriage. Focusing on rural Kalanga women, the study investigates reactions to Botswana's constitution of 1966, to the marriage laws of 1967, and the 2004 Abolition of Marital Power Act. Finally, it investigates the gendered impact of these laws - as well as the complex discourses surrounding marriage and human rights - on the lived experiences of Kalanga women. The article reflects on the divergent ways in which many women negotiated their struggle for recognition within their ethnic groups - while also circumventing their inferior position as wives under Botswana law and a patriarchal system. Some women in this study preferred to support a more 'traditional' form of inequality within the household. While this study cannot purport to represent all Kalanga women, it does ask important questions about the Botswana gender agenda and in so doing, raises questions of both the perpetuation of patriarchy and women's agency in Botswana.

Marriage equality for everyone? The business case for same sex marriage legislation

The impact of legislation in shaping social norms has captured both scholarly and practitioner attention in the past decades. However, limited understanding exists on how social legislation can create economic value for firms and thereby strengthen the business case for such legislation. We attempt to theorize and test this phenomenon in the context of marriage equality. We first attempt to understand the role of state-wise same-sex marriage social legislation on financial performance of firms headquartered in states where the legislation is passed. Adapting the model of institutional racism to the context of heterosexism, we then develop a framework to examine the role of societal-cultural, institutional, and individual factors in shaping the effect of state-wise same-sex marriage legislation on firm performance. In a sample of publicly traded U.S. firms, we conduct a difference-in-difference analysis to test and find support for our arguments.

Медико-биологические основания трансформации семейного права в России в 1917 - 1920-е гг.

Introduction. The study of changes in family law in Russia in the 1917-1920s under the influence of biomedical factors is becoming particularly relevant today due to the rapidly developing technologies in the modern world and the special significance of the institutions of family, motherhood, fatherhood and childhood. Consideration from two sides: medical and legal issues of marriage between blood relatives, persons incapacitated, pre-marital medical examination, problems of establishing paternity, etc., will allow a broader and objective assessment of the importance of human health protection and timely regulation of family legislation. Purpose. The purpose of the study is to study the role of biomedical factors in the formation of Russian family law in the 1917-1920s. Methodology. When writing the work, general philosophical methods (dialectical-materialistic), general scientific methods (analysis, synthesis, logical and historical, comparisons, etc.), private scientific (formal legal, interpretation of law, etc.) were used. Results. The analysis of the first Family Code - the Code of Laws on Acts of Civil Status, Marriage, Family and Guardianship Law, adopted on September 16, 1918, the second codified act regulating family relations - the Code of Laws on Marriage, Family and Guardianship, put into effect on January 1, 1927, as well as adopted by the Soviet state in 1917-1920-e. decrees and instructions supplementing and clarifying the basics of family and marriage legislation. The study of manuals, manuals, reference books addressed to doctors during forensic medical examinations, as well as the study of judicial practice, made it possible to identify the most pressing problems encountered when considering paternity cases. Conclusion. The authors conclude that the transformation of post-revolutionary family legislation, the expansion of medical grounds, the clarification of medical diseases that are an obstacle to marriage, testified to the influence of new views on the tasks of the state in the field of family law. These measures were aimed at supporting the family by the state, preventing the transmission of hereditary diseases, and, ultimately, preserving the health of future offspring. The legislative equation in the rights of children born in marriage and out of wedlock, the imposition of the duty on the father of the child to provide for the family, to take part in the upbringing of children, in practice led to the need to establish paternity. When considering this category of cases, the courts, protecting the interests of mothers and children, made decisions based on the available evidence, which often contradicted the principles of objectivity and admissibility. In this regard, the conclusions of forensic medical experts have become particularly important.

What Was the Love If Any in the 18th Century Russia?

The theme of love, in the context of the history of emotions, is poorly developed on the Russian material of the early modern period. In a few studies, on the one hand, it is argued that in the 18th century. this feeling was freed from the aura of sinfulness and the idea of romantic love was formed, and on the other hand, that under the conditions of arranged marriages and strict marriage legislation, its institutionalization was impossible. This article, based on archival sources, proposes one of the possible approaches to the study of this topic and proves that the feeling of love was familiar to representatives of different social strata of Russian society.

Family support modifies the effect of changes to same-sex marriage legislation on LGB mental health: evidence from a UK cohort study.

BackgroundMany lesbian, gay and bisexual (LGB) individuals continue to experience unique challenges, such as the lack of family support and access to same-sex marriage. This study examines the effect of the introduction of same-sex marriage in the UK (2013–14) on mental health functioning among sexual minorities, and investigates whether low family support may hamper the positive effects of marriage equality legislation among LGB individuals.MethodsThis analysis included LGB participants (n = 2172) from the UK household longitudinal study waves 3–7, comprising two waves before and two waves after marriage equality legislation passed in England, Wales and Scotland. Individual-level mental health functioning was measured using the mental component score (MCS-12) of the Short Form-12 survey. Fixed-effect panel linear models examined the effect of marriage equality on MCS-12 across varying family support levels. Analyses included adjustment for covariates and survey weights.ResultsLegalization of same-sex marriage was independently associated with an increase of 1.17 [95% confidence interval (CI): 0.28–2.05] MCS-12 in men and 1.13 (95% CI: 0.47–2.27) MCS-12 in women. For men, each additional standard deviation of family support modified the effect of legalization on mental health functioning by +0.70 (95% CI: 0.22–1.18) MCS-12 score. No interaction was found in women.ConclusionsOur findings provide evidence that same-sex marriage will likely improve LGB mental health functioning, and these effects may be generalizable to other European countries. Since male sexual minorities with low family support benefited the least, additional interventions aimed at improving family support and acceptance of this group is required to help reduce mental health disparities.