Recognition Of Same-sex Marriage Research Articles

Pernikahan Sesama Jenis: Tinjauan Hak dan Kewajiban Berdasarkan Undang-Undang Perkawinan

In the context of Indonesian law, marriage is defined as a bond between a man and a woman, which explicitly closes the possibility of recognition of same-sex marriage. In the midst of international developments that increasingly recognize the rights of same-sex couples, Indonesia still maintains a conservaative view influenced by religious and social norms. This study aims to analyze Indonesia’s Law No. 16 of 2019 on Marriage in the context of the rights and obligations of married couples and whether there is potential recognition for same-sex marriage in Indonesia. The law defines marriage as a union between a man and a woman, excluding the possibility of recognizing same-sex marriages. The study employs normative legal research with legislative and conceptual approaches. The findings reveal that provisions such as the minimum age for marriage, dispensation, and marriage authorization are only applicable to heterosexual couples. The rights established in the law, including protection from violence and access to healthcare, do not cover same-sex couples due to the absence of legal recognition. The conclusion emphasizes the existing inequality in access to civil rights in Indonesia, particularly for the LGBT community. While challenges remain from conservative social and religious norms, discussions on potential future revisions to marriage law remain open, particularly within the framework of equality and non-discrimination.

Cultural wars and lesbian, gay, bisexual, transgender (LGBT) rights in Southeast Asia: ‘Asian values’, human rights, and the ‘homosexual turn’

Some have argued that we are seeing a ‘homosexual turn’ in Southeast Asia. Decriminalization of sodomy, legal recognition of same-sex marriage, and discussions regarding trans rights have all taken place in the last decade. However, a backlash has emerged as well. Governmental censure of lesbian, gay, bisexual, transgender issues has escalated, with politicians espousing anti-lesbian, gay, bisexual, transgender rhetoric and warning against importing ‘cultural wars’ from the West into Asia. The lesbian, gay, bisexual, transgender rights debate is becoming the new cultural battleground in Asia, with ‘Asian’ and ‘family’ centered values being pitted against ‘Western hegemony’ and ‘moral corruption’. As lesbian, gay, bisexual, transgender activists advocate for more recognition, the ‘traditional’ heteronormative family is further institutionalized and valorized. This article aims to interrogate the ‘cultural wars’ in Asia as reflected in the tension between burgeoning lesbian, gay, bisexual, transgender activism and the enduring privilege of heteronormative families. It will explore this cultural clash through the following three dimensions: (1) rights framing, (2) competition over resources, and (3) political backlash. Ultimately, though, the article argues that as opposed to seeing this tension as a ‘cultural war’, instead we should see this conflict as developmental growing pains, as the region continues to evolve, and nation-states begin to grapple with the burgeoning rights and an irrepressible recognition of lesbian, gay, bisexual, transgender identities that had been buried under layers of ideologies, from political to moral.

A Pious Paradox

The divergent trajectories in the legalization of same-sex marriage amidst disparate levels of religiosity challenges conventional wisdom about the relationship between religion, state, and society. Contrary to the conventional belief that higher religiosity in countries fosters conservative views and resistance to progressive social reforms, Argentina and Chile present an intriguing anomaly. Utilizing data from the World Values Survey and examining the historical, political, and social contexts of each country, this paper seeks to understand why Argentina, with its higher religiosity and constitutional favoritism towards Catholicism, became the first Latin American country to legalize same-sex marriage in 2010, while Chile, less religious but more socially conservative, followed much later in 2021. The paper explores the divergent pre and post-dictatorship economic philosophies, governmental structures, sociopolitical landscapes and the distinct roles of the Catholic Church in 21st century Chilean and Argentine politics. It argues that in Argentina, individual political views and a vibrant civil society have developed independently of religious beliefs, fostering a political culture more open to progressive social reform. Conversely, Chile’s entrenched neoliberal policies and the Catholic Church’s sustained influence in Chilean civil society align with more conservative social values, impeding similar progress. These findings challenge the assumption that higher levels of religiosity necessarily correlate with social conservatism and underscore the complex interplay between religion, government, and social values. This research not only illuminates the nuanced dynamics at play in the legal recognition of same-sex marriage in Latin America but also suggests broader implications for understanding the impact of religiosity on political and social attitudes globally.

Same-Sex Marriage from the Perspective of International Human Rights Law and Practice in Vietnam

Same-sex marriage is a controversial issue between supporters and opponents, it even causes profound social divisions. The right to marry is considered a sacred right in each life. By this right, a family will be formed and linked with affection and sharing among family members. Therefore, protecting the right to marry of same-sex people will ensure the social value of the law, towards fairness - a noble goal of the law. More and more countries and territories around the world recognize same-sex marriage or other forms of registered coupling. This is a progressive trend that meets the needs and guarantees the rights of homosexuals. Moreover, the recognition of same-sex marriage also has positive effects on the family and society as shown by various scientific studies around the world. Vietnam is one of the countries taking relative late actions to build the rights for gay, bisexual, transgender (LGBT) people in general and LGBT right to marry in particular. The lack of regulations on the recognition of same-sex marriage has obviously led to many significant difficulties faced by LGBT people. Within the scope of this article, based on the analysis of same-sex marriage from the perspective of human rights, the author indicates the current situation of same-sex marriage in Vietnam, surveys and evaluates the difficulties of recognition of same-sex marriage, and thereby proposes some solutions to recognize and ensure the right to marry of LGBT people in Vietnam.

Same-Sex Marriage Recognition and Taxes: New Evidence about the Impact of Household Taxation

Abstract The U.S. income tax code encourages marriage for some and discourages marriage for others, but same-sex couples were only recently exposed to these incentives. We estimate marriage responses by exploiting variation in the recognition of same-sex marriages for tax purposes versus earlier papers leveraging smaller changes. Using the American Community Survey, which reports cohabitation and marriage, we estimate a significant though very small marriage elasticity, with further analysis suggesting a higher (though still small) elasticity for low-earning households and in response to federal taxes specifically. Our estimates imply that the 2018 tax reform will increase marriage among high-earning cohabiting couples.

Sexual orientation and intra-household specialization before and after the legal recognition of same-sex marriage in Canada

ABSTRACT Using the Canadians Censuses of 2001, 2006, 2016, and the National Household Survey of 2011, this article compares intra-household specialization patterns of married and cohabiting couples by gender composition of households. Household specialization is operationalized in several ways. The first set of measures captures the earnings differentials between spouses, while the second set of measures relies on labour supply. In line with previous studies, we often find a lower level of intra-household specialization for both male-male and female-female couples, compared with their heterosexual counterparts. However, the difference with heterosexuals is much larger for female-female couples. When the most recent dataset is split by income level, it appears that the specialization gaps are largely driven by the more affluent households. We also find considerable heterogeneity in the patterns when the sample is split by generational status.

Evolutionary Interpretation or Judicial Law from Strasbourg? The Development of a ‘Right to Recognition of Same-Sex Marriages’ by the ECtHR

Evolutionary Interpretation or Judicial Law from Strasbourg? The Development of a ‘Right to Recognition of Same-Sex Marriages’ by the ECtHR

Evropski sud za ljudska prava, član 8. Evropske konvencije o ljudskim pravima i priznanje istopolnih brakova sklopljenih u inostranstvu

The requirements put before the courts by sources that regulate human rights significantly affect functioning of the mechanism of Private International Law. This statement particularly applies to situations in which it is necessary to give effect to the change of personal and family status acquired abroad. The paper refers to the problem of recognition of same-sex marriages concluded abroad. It analyzes the most important decisions of the European Court of Human Rights regarding the obligation of the member states of the Council of Europe to provide legal protection and recognition to same-sex unions, in accordance with Article 8 of the European Convention on Human Rights (protection of private and family life). The analysis shows that today it is undoubtedly clear that these states have a positive obligation to establish an adequate legal framework that would allow partners in a same-sex union to enjoy certain subjective rights. The obligation in question also extends to same-sex marriages concluded abroad and, when it comes to Serbia, requires immediate legislative intervention.

Marriage and Partnership in Modern Protestant Denominations: From Christian Canons to New Norms

Introduction. The problem of recognition of same-sex marriages and partnerships in recent decades has become particularly acute in public discourse. Polar points of view are expressed: from the inadmissibility of homosexual marriages to the legalization of same-sex relationships and the need for church consecration of such unions. Christian churches today are forced to publicly state their position regarding homosexual marriages and partnerships, defining the boundaries of interaction between parishioners and clergymen who are faced with such issues. Some Protestant denominations in Europe and America recognize same-sex marriages, arguing their position not with the canonical norms of Christianity, but with the concept of human rights, freedom of choice and individual autonomy, as well as the laws of those countries where such unions are already legalized. The purpose of the article is to study the approaches that have developed in various Protestant denominations regarding the problem of recognizing same-sex marriages and partnerships. Materials and Methods. Analysis of doctrinal documents, social concepts of Protestant churches, content analysis of public statements of representatives of various Protestant communities made it possible to identify the peculiarities of attitudes towards the problem of same-sex marriages and partnerships at the present stage. Results. The positions of various Protestant denominations regarding same-sex marriages and partnerships are presented, the main approaches to the processes of regulation of this problem in the church are identified. These approaches are due to the influence of secular legislation and the prevailing system of values in countries where Protestantism is widespread. Discussion and Conclusion. Changing the norms and disciplinary rules in both secular and church life is a natural process of social development. The norms governing relations between the sexes, issues of marriage and the family, the rules that set the boundaries of what is acceptable and what is unacceptable in social behavior, have always been the subject of discussion, change, abolition and recognition. The problem of same-sex marriage and recognition from Christian churches, on the one hand, demonstrates a normative transformation in morality, religion and law, on the other hand, characterizes the rejection of Christian canons in favor of the concept of human rights and “new ethics”.

Same-Sex Marriage and the Catholic Church: A Comparative European Perspective

Same-sex marriage has already been recognised in several countries, including Catholic ones. The Catholic Church claims that respect for homosexuals must not lead to approving the legalisation of same-sex relationships. The legal norms in countries are intended to protect heterosexual marriage, as equating homosexual and heterosexual relationships would constitute the loss of fundamental values belonging to humanity’s common heritage. However, the Catholic Church’s position is not monolithic. The supporters advocate changing the Church’s teachings on the inseparability of marriage or the acceptance of homosexual relationships. The paper presents recognition of same-sex marriage in European (and Catholic) countries, shows the links between the position of the Church on such relationships and secular legal systems. There is a discrepancy in attitudes towards homosexuality between Catholic conservatives in West and East Europe. Western Catholic conservatives understood that sexual freedom is beyond dispute and should not be mixed up in political battles over issues.

The prospects for the legalization of same sex marriages in vietnam

This article discusses the various factors in Vietnam that are influencing the possibility of introducing a law on same sex marriage and draws three main conclusions. Firstly, it argues that the greatest concern about the possible success of the campaigns on lesbian, gay, bisexual and transgender (LGBT) issues in general, and the recognition of same sex marriages in particular, is indeed a political fear. It recommends keeping the campaigns on LGBT issues separate from the political sphere and to differentiate themselves from the traditional confrontational methods used by political dissidents. Secondly, the enactment of a law on LGBT rights which incorporates the principles and rules of anti-discrimination on the basis of sexual orientation and identity is proposed. This law will fill the gap left by the current lack of an anti-discrimination law in the specific field of LGBT rights in the first step of a typical process towards the legalization of same sex marriages. Thirdly, the paper highlights the leading role to be played by legislation in Vietnam, and which shall need to be acquired though legal transplanting, in granting marital rights to same sex couples and providing the basis for the courts to give them substantive rights.

From “Social Evils” to “Human Beings”: Vietnam's LGBT Movement and the Politics of Recognition

Since 2008, non-governmental organisations and other civil society organisations have helped to transform the image of Lesbian, gay, bisexual, and transgender (LGBT) people in Vietnam. Their efforts reached a peak in 2014 when Vietnam became the first country in Asia to debate the issue of same-sex marriage in the national parliament. Yet, the outcome of the debate remained was ambiguous, with same-sex marriage being neither illegal nor recognised by the state. This paper explores the tactics and strategies of LGBT activists as they campaigned for recognition of same-sex marriage. It argues that a key factor in the “in-between” outcome was their lack of attention to the redistributive implications of recognition. Together with attention to the fractured nature of the Vietnamese state, engaging directly with issues of redistribution may allow LGBT activists to further advance the politics of recognition at the same time as they redefine the contours of civil society and activism in contemporary Vietnam.

Prejudices that Destroy the Law

The review considers the article “Axioms that destroy the law,” dedicated to the decision of the European Court of Human Rights (ECHR) in the case of the legality of the refusal of the Russian authorities to register marriage between three same-sex couples. The author of the peer-reviewed article justifies his criticism of this decision with new axiomatics, that is, some postulates taken without proof, from which, in his opinion, the ECHR proceeds. The proposed review shows that such axiomatics in the Ruling of the Court are not observed either in an open — direct, textually expressed — form, or in a hidden, indirectly meaning extracted from the decision. On the contrary, the Court proves its original premises by inviting the Russian authorities to substantiate the harm that, in their opinion, might arise if a legal institute of same-sex unions were introduced in the country, and also calls for finding a fair balance between the public interests and the interests of the applicants. At the same time, the Court does not insist on the decision of the authorities unpopular in the country’s public opinion on the recognition of same-sex marriages in Russia. The review proposes finding common grounds for compromises between supporters and opponents of same-sex unions: as such, the author offers well-known legal axioms of equality, respect for human dignity. He also justifies that real harm to legal principles in the country is caused by existing public prejudices, and not by new axioms, which, moreover, have not been found in the decision of the ECHR yet.

Queerly Troubling International Law's Vision of “Peace”

Queering international law involves dreaming. It requires stepping outside the framing presumptions of “normal” law to reveal and challenge the heteronormative underpinnings of the hierarchies of power and value that the law sustains. Reclaiming the nomenclature of queer from its history as a term of insult and dehumanization, queer theory interrogates the normative framework that naturalizes and privileges heterosexuality and its binary regime of gender. In its reclamation, “queer” gestures toward affirmative assemblages of new meanings and emancipatory imaginaries. In international law, queer theory has been used in many different ways. For some, queerly troubling the normative involves expanding the existing normal to be more inclusive of queer lives, as can often be seen in the field of international human rights law. As life-giving as inclusion is to those barely existing on the margins, without changing the terms of inclusion this approach risks leaving heteronormativity intact and may even buttress it, as with the legal recognition of same-sex marriage. For others, queering international law involves a more fundamental critique of its regimes of the normal that, together, regulate our relations with each other and the planet. The objects of queer theory's structural critique are the conceptual foundations of international law, which rely on heteronormativity as a fundamental organizing principle that helps to normalize inequality, poverty, exploitation, and violence. One example is the “civilizing mission” which justified colonialism and continues to animate present legal norms. As Teemu Ruskola argues in his seminal queer critique, international legal rhetoric attributed normative masculinity to (Western) sovereign states and cast the “deficient” sovereignty of non-Western states in terms of variously deviant masculinities which, together with their civilizational and racial attributes, justified their “penetration.” My “troubling” of international law's account of peace takes a queer structural approach and then outlines some alternative imaginaries suggested by queer theory and activism.

U.S. Family Law Along the Slippery Slope: the limits of a sexual rights strategy for polyamorous parents

Families in the United States are rapidly changing, and the normative familial model of two married, monogamous, heterosexual parents with children no longer reflects the majority of U.S. families. Nonetheless, state incentive-based policies and discriminatory family laws continue to enforce heteronormative monogamy. Recent changes to the U.S. legal landscape have produced limited formal recognition and protections for same-sex couples and LGBTQ parents, and even these narrow rights are withheld from other diverse familial configurations including families with polyamorous parents. This article uses the concept of sexual citizenship to frame the analysis of U.S. family courts’ normative construction of family, identifying striking parallels between family courts’ historical and contemporary prejudicial treatment of LGBTQ parents and the institution’s similar delegitimization and denigration of polyamorous parents today. This paper reviews polyamorous parents’ efforts towards achieving legal and societal legitimatization, finding significant parallels with legal strategies LGBTQ parents utilized to seek legal recognition and protection prior to federal recognition of same-sex marriage. This paper highlights the inadequacies of such a formal sexual citizenship approach, finding that a limited strategy of accumulating specific sexual rights fails to address non-monogamy’s more radical cultural presence as well as the (non-legal) informal aspects of belonging needed to improve the livability of polyamorous parents’ and their children’s lives. This paper concludes with recommendations for improving the treatment of non-traditional families including LGBTQ, polyamorous, and other blended families, both within and outside the legal institution.

Same-Sex Marriage and the Catholic Church in Europe. Any Chance for Understanding?

Abstract There is room for everyone in the Catholic Church, but there is no consent for same-sex marriage in that Church as marriage only between a baptized man and a woman is a sacrament. Same-sex marriage is inconsistent with the Holy Scripture where marriage is based on God’s natural law. This official Scripture’s interpretation results in lack of possibility to reconciliate the official teaching of the Church with the recognition of same-sex marriage. The world is moving forward and so are the opinions of Christians and their growing support for same-sex marriage. Such marriage is recognized in thirty states worldwide, including states with dominant Catholic religion. Regardless the official teaching, the Catholic Church’s position is not uniform. The paper discusses the official interpretation of the Scripture concerning homosexuals, analyses the position of the Catholic Church toward same-sex marriage and indicates differences in Christians’ attitudes with respect to same-sex couples in Western and Eastern Europe.

From eliminating discrimination on the ground of sexual orientation to same-sex marriage: the Hong Kong experience

ABSTRACT In recognition of Professor Andrew Byrnes’ contribution to promoting gender equality in Hong Kong, this article traces the development of equal treatment of LGBT in Hong Kong. This development is entirely court-led, and the LGBT community has been highly strategic in launching legal attacks. This approach has successfully extended the protection of LGBT’s rights in the last two decades, and the highest court in Hong Kong will soon have to confront the constitutionality of same-sex marriage. In MK v Government of the HKSAR, the Court of First Instance held against the recognition of same-sex marriage or an alternative form of civil partnership. In reviewing this important decision, this article argues that while there are powerful arguments in favour of recognising same-sex marriage, the issue is ultimately one of separation of powers. Given that marriage is deeply rooted in the community’s social and cultural values, this article considers that there is little prospect of successfully arguing for same-sex marriage in Hong Kong in the absence of sufficient social consensus, and that the best bet for Hong Kong is to argue for the recognition of an alternative form of civil partnership. Social consensus should be given less weight in this regard, as civil partnership is to exist alongside and not to replace traditional marriage. There is no evidence that civil partnership will threaten traditional marriage, as Hong Kong used to recognise the co-existence of different forms of marriage for a long time.

Relationships among lesbians involved in childbirth/parenting, sperm donors, and children in Japan

This study clarified how lesbians access sperm, give birth, and raise children considering the Japanese cultural context and their relationships with sperm donors and children. Fieldwork data were obtained from an active self-help organization that comprises sexual minorities who want to have children or are already parents. Data were collected from February 2018 to November 2020. Lesbian couples sought to obtain sperm in several ways, including from domestic or overseas sperm banks, friends/acquaintances, friendship marriage websites, matching events, and blood relatives. My research revealed that the weakest legal relationship between sperm donors and children was when sperm was purchased from overseas sperm banks, specifically, whether a child knows his or her origin depends on whether his or her mother had purchased anonymous or non-anonymous sperm. At the other end of the spectrum was friendship marriage. If a lesbian and a gay manget married and have a child, the child is legally a child of both people—just like in a heterosexual relationship. However, my research showed that raising children and living together in a friendship marriage was associated with a myriad of problems. In sum, the sperm donor–child relationship can be very unclear; therefore, both donors and recipients must be prepared for various risks before women decide to give birth and raise a child. Japanese policymakers should promptly establish relevant laws to address these issues, starting with the recognition of same-sex marriage.

Measuring the Impact of Legal Recognition of Same-Sex Marriage among Sexual Minority Women

Reductions in structural stigma, such as gaining access to legalized same-sex marriage, is associated with positive psychological and physical health outcomes among sexual minority adults. However, these positive outcomes may be less robust among sexual minority women (SMW; e.g., lesbian, bisexual, queer) than sexual minority men and new measures are needed to develop a more nuanced understanding of the impact of affirming policies on the health and well-being of SMW. This study assessed the psychometric properties of measures developed to assess the psychosocial impacts of legalized same-sex marriage on the lives of SMW. Participants (N = 446) completed an online survey assessing the psychosocial impact of legalized same-sex marriage in five domains: (1) personal impact, (2) stigma-related concerns, (3) couple impact, (4) LGBTQ community impact, and (5) political/social environment. Psychometric properties of the scales were examined using traditional and Rasch analyses. Personal, concerns, couple, and political/social environment scales demonstrated high internal consistency (α > 0.80), and acceptable levels of reliability even when scales reduced to five items each. The LGBTQ community scale demonstrated adequate internal consistency (α = 0.79) and could only be reduced to 9 items. These scales may be useful in future studies of SMW health and well-being.

Zakhyst prava vlasnosti na maino, nabute u simeinykh soiuzakh, za zakonodavstvom Ukrainy ta derzhav Yevropeiskoho Soiuzu

In the scientific article, the author explores the peculiarities of legal regulation of protection of property rights to property acquired in marriage by spouses, in actual, religious marriage, other family unions by its members under the civil and family law of Ukraine and some European Union states. In particular, the author determined that in Ukraine and the leading states of the European Union legal regulation of the main methods and forms of protection of property rights is carried out in accordance with the general provisions of civil law with certain features to protect the property of spouses and family unions, illegal behaviour of one of the spouses. In this aspect, there is a dualism in the legal regulation of these issues regarding the protection of property rights of spouses: in legal relations with third parties are subject to general methods of protection, in legal relations between spouses — methods defined by family law. The protection of property rights of de facto spouses, spouses in a church marriage and partners in a registered partnership has a different legal nature in the European Union: some of them do not recognize these family unions and protection of property acquired in these unions is governed by general rules; the other part of the states recognizes features in protection of the property right to the property acquired in the specified family unions, fully or partially equating them on these parameters to protection of the property right to property of spouses. In particular, French civil law lays down a special procedure for the protection of spouses’ property rights and the extension to civil partners (including de facto spouses) of the general provisions of civil law on the protection of their property rights. The German Civil Code does not recognize the legal consequences of actual marital relations, as well as church marriages, and civil partnerships concluded before 2017 (the time of recognition of same-sex marriages) in terms of protection of property rights and obligations equates to a registered marriage. Czech civil law defines the same ways of protecting the property of spouses and civil partners, and the protection of property rights acquired by de facto spouses is regulated on a general basis in accordance with the provisions on joint property and the protection of civil rights. Latvian civil law recognizes the possibility of protecting only the right of ownership of property acquired in a registered marriage, without recognizing other family unions.