Recognition Of Same-sex Marriage Research Articles

Potential differences between the political attitudes of people with same-sex parents and people with different-sex parents: An exploratory assessment of first-year college students.

Children were often near the center of public debates about legal marriage recognition for same-sex couples. Obergefell v. Hodges (2015), the case that resulted in legal same-sex marriage recognition, stressed the importance of these children as one of many factors compelling the opinion. Estimates indicated same-sex couples were raising 200,000 children in the United States. Children raised by same-sex couples may be politically socialized in distinct ways compared to children of different-sex couples because lesbians, gay men, and bisexuals tend to hold distinct and progressive political viewpoints on a wide variety of issues. What are the political attitudes of people with same-sex parents? In this exploratory study, we analyze a large, representative survey of first-year college students across the United States; we find few differences between people with same-sex and different-sex parents, and some of those differences may be attributable to households and respondent characteristics. When on the rare occasion a difference exists, we find that people with same-sex female parents are more progressive, but people with same-sex male parents are more conservative. Gender differences also emerged, with some distinctive patterns between males with same-sex parents and females with same-sex parents.

FREE MOVEMENT OF PEOPLE IN THE EUROPEAN UNION AND RECOGNITION OF SAME-SEX MARRIAGES ON THE EXAMPLE OF POLAND, IRELAND AND FRANCE

The article presents the issue of the free movement of persons in the European Union in the field of same-sex marriage rights, taking into account comparative elements. The research presents provisions of the European Union, as well as internal regulations in force in France, Ireland and Poland. The article discusses the approach to the analysed issue at the level of EU regulations and internal regulations of the examined Member States. Moreover, the interaction between EU and national regulations is an important research point. Besides the article shows case variants concerning the recognition of same-sex relationships due to the legal and ideological conditions in the analysed countries Also, the article analyses the impact and importance of the Court of Justice of the European Union and the European Court of Human Rights for the studied topic. In addition, the study takes into consideration the impact of constitutional provisions on the legalization of homosexual couples in the analysed countries. The article is divided into parts covering the following issues: free movement of persons in the European Union, the right to family reunification of European Union citizens, relations between European Union law and the internal law of the Member States, recognition of same-sex marriages in France, Ireland and Poland, and summary. The opinions of A. Tryfonidou, H. Verschueren, P. Tulea and M. Bell were included in the study due to their importance to the research are.

McGrath, Sarah. Moral Knowledge. Oxford: Oxford University Press, 2020. Pp. 240. $65.00 (cloth).

McGrath, Sarah. <i>Moral Knowledge</i>. Oxford: Oxford University Press, 2020. Pp. 240. $65.00 (cloth).

Scope and Exercise of the Exclusive Competences of the Member States of the European Union

The process of European integration has introduced the Member States into a new legal reality. The existing exclusivity in the area of competence implementation has been replaced by a two-stage model of their exercise. The Member States, when conferring part of their supervisory powers, did not specify the scope of their own competences. The so-called European clauses were analysed in the Constitutions of selected Member States, which showed that they define the recipient of the conferral and, in a non-uniform manner, specify the subject of the conferral. The analysis of the indicated provisions clearly shows that the Constitutions of the Member States exclude full conferral of competences on the European Union. There is no specification of the scope of competences that may be conferred. However, this issue was addressed by Constitutional Courts of the Member States. The article refers to the judgements of the German Federal Constitutional Court and the Polish Constitutional Court. It has been shown that they equate exclusive competences of the Member States with the scope of the concept of constitutional identity reduced to basic principles of the state. The Court of Justice of the European Union analysed the scope of competences of both entities. The article presents the analysis of judgements on: entries in Civil Registry regarding transcription of surnames, the issue of recognition of same-sex marriages, reform of the judiciary system in Poland, and the application of the Charter of Fundamental Rights in the areas that do not fall under EU competence. Regardless of the division of competences, the EU is bound by the principle of respect for national identity of the Member States, including constitutional identity. It both obligates the EU to respect the exclusive competences of the Member States and is a premise restricting the achievement of EU objectives.

Same-Sex Marriage in Japan: Prospects for Change

AbstractThis article examines why Japan is a prominent exception to the global trend towards recognition of same-sex marriage and evaluates the prospects for change. It does so through an analysis of five cases brought on Valentine's Day – 14 February 2019. Unlike many jurisdictions where religious opposition to same-sex relationships has been intense and sometimes violent, Japan has a history of relative tolerance towards LGBT individuals. Nonetheless, despite the creation of civil partnership ordinances in some localities, national legislation seems unlikely, and a group of lawyers filed suit in five district courts across Japan. The litigation was brought under the State Redress Act and is based on tort rather than directly on constitutional doctrine. It claims that marriage equality is constitutionally required and that the failure of the government to recognize same-sex marriage constitutes a tort that has harmed the LGB plaintiffs and entitles them to compensation. This article analyzes the nature of the cause of action founded on the State Redress Act, and examines the arguments, which are based more on the plaintiffs’ suffering than on their desire for self-expression. Subsequently, it presents and evaluates the possible outcomes

After the celebration: Marriage equality in EU Law post-Coman in eight questions and some further thoughts

This paper provides a detailed critical analysis of the case of Coman, where the Court of Justice clarified that the meaning of the term ‘spouse’ in Directive 2004/38 was gender-neutral, opening up the door for same-sex marriage recognition for immigration purposes all around the EU, thus destroying the heteronormative misinterpretations of the clear language of the Directive practised in a handful of Member States. The state of EU law after Coman is still far from perfect, however: we underline a line of important questions which remain open and which the Court will need to turn to in the near future to ensure that marriage equality moves beyond mere proclamations in the whole territory of the Union.

Recognition of same-sex marriage in Northern Ireland: Re X

KEYWORDS: Same sex marriageNorthern Irelandmarriage (same sex couples) act 2013Articles 8912 & 14 ECHR

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

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

Sexual orientation and homeownership in Canada

The homeownership disparities associated with sexual orientation have rarely been investigated. Using the Canadian censuses of 2001, 2006, 2016, and the National Household Survey of 2011, this paper examines how sexual orientation associates with the patterns of homeownership. Given the 2005 legal recognition of same-sex marriage in Canada, the data allow for comparing sexual minorities with heterosexuals of the same marital status. The analysis shows that prior to the legal recognition of same-sex marriage, same-sex households’ homeownership rates were between the rates for married and common-law heterosexuals. Post-legal recognition, rather similar homeownership rates are found for common-law same-sex and common-law different-sex couples. But, married same-sex households, regardless of sex composition, are found largely less likely to own their residence than married heterosexuals. Non-negligible differences are also found regarding home values and the presence of mortgage. Various explanations are explored.

Same-Sex Marriage and Gains in Employer-Sponsored Insurance for US Adults, 2008-2017.

Objectives. To estimate the effects of same-sex marriage recognition on health insurance coverage.Methods. We used 2008-2017 data from the American Community Survey that represent 18 416 674 adult respondents in the United States. We estimated changes to health insurance outcomes using state-year variation in marriage equality recognition in a difference-in-differences framework.Results. Marriage equality led to a 0.61 percentage point (P = .03) increase in employer-sponsored health insurance coverage, with similar results for men and women.Conclusions. US adults gained employer-sponsored coverage as a result of marriage equality recognition over the study period, likely because of an increase in dependent coverage for newly recognized same-sex married partners.

Hong Kong Courts and Same-Sex Marriage: Could Judicial Recognition of Spouse of Same-Sex Marriage Celebrated in Foreign Jurisdictions Be the Prelude for Judicial Recognition of Same-Sex Marriage Locally?

Since 2013, Hong Kong scholars have been considering that it is open for courts of Hong Kong Special Administrative Region of People's Republic of China to recognise a right to marry for same-sex couples. The judicial recognition of entitlement of a party to a same-sex marriage celebrated outside Hong Kong as spouse for purpose of an immigration policy, civil service benefits and tax legislation by Hong Kong Court of Final Appeal in two cases 2018 and 2019 has raised prospects of judicial recognition of same-sex marriage for Hong Kong couples. This paper examines recent direct legal challenges against Hong Kong's marriage legislation's restriction of marriage to the civil equivalent of a Christian marriage between a man and a woman and consequential absence of a form of legal recognition of a same-sex relationship on par with marriage in light of differing considerations on part of Hong Kong's senior judges of appropriate approach to resolve such a challenge. Particularly, it critiques lex specialist approach adopted by Court of First Instance in its judgment dismissing first of these legal challenges by holding that since both Basic Law of Hong Kong Special Administrative Region and Hong Kong Bill of Rights Ordinance (Cap.484), instruments setting out scheme of protection of human rights in Hong Kong, protect right to marry of Hong Kong residents in particularly (and narrowly), other substantive protection, say, by invoking principle of equality before law and non-discrimination also enshrined in those instruments, was thereby precluded.

Reconocimiento del derecho al matrimonio igualitario en Argentina

Tras una década de la regulación del matrimonio igualitario en Argentina, primer país en América Latina en llevarla a cabo, este texto presenta una reconstrucción de la trayectoria de los movimientos sociales por la diversidad sexual en Argentina en su lucha por la reivindicación de derechos que en el año 2010 desembocó en el reconocimiento del matrimonio igualitario. Se muestran las diferentes etapas de movilización social desde las oportunidades políticas que permitieron el reconocimiento de derechos para las minorías sexuales, con el objetivo de señalar los elementos que fueron necesarios para el logro del reconocimiento del matrimonio entre parejas del mismo sexo.

Same-Sex Spouses: More Free Movement, but What About Marriage? Coman: Case C-673/16, Coman et al. v. Inspectoratul General Pentru Imigrări, Judgement of the Court of Justice (Grand Chamber) of 5 June 2018, EU:C:2018:385

This paper provides a critical annotation of the case of Coman, where the Court of Justice clarified that the meaning of the term ‘spouse’ in Directive 2004/38 was gender-neutral, opening up the door for same-sex marriage recognition for immigration purposes all around the EU, thus destroying the hetero-normative misinterpretations of the clear language of the Directive practiced in a handful of Member States. The state of EU law after Coman is still far from perfect, however: we underline a line of important questions which remain open and which the Court will need to turn to in the near future to ensure that marriage equality in moves beyond mere proclamations in the whole territory of the Union. A more detailed analysis of the Case is provided by the authors in the pages of the Maastricht Journal of European and Comparative Law (2020) and has also appeared, in draft, as an EUI Working Paper.

The Australian Marriage Equality Debate: A Qualitative Analysis of the Self-Reported Lived Experience of Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer (LGBTIQ) People

This study explored the lived experiences of a sample of lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) people during the Australian Government postal survey on legal recognition of same-sex marriage (August to November 2017). Negative impacts of public voting and debates on marriage equality for LGBTIQ people have been previously documented in United States, but less so in other national contexts. Thematic analysis was conducted using written responses of LGBTIQ participants ( N = 5,313) to open-ended questions on a larger survey. Findings revealed that LGBTIQ participants experienced the Australian Marriage Law Postal Survey debate as a pervasive and predominantly negative event. Participants reported experiences of prejudice and discrimination and increased fear, anxiety, anger, and depression. They also described the harm and hurt caused by widespread negative images of and messages about LGBTIQ people. Some participants felt their lives were under threat and reported psychological distress, including thoughts of suicide. Although a few participants noted positive support that helped them cope, most participants perceived the debate and vote as a highly stressful, socially fracturing process that threatened interpersonal relationships with family members, workmates, and communities. Many participants described feeling betrayed by the government, country, and Church. These findings extend previous studies that document the public health impacts of political processes that publicly debate the human rights of LGBTIQ individuals.

Personal well-being across the transition to marriage equality: A longitudinal analysis.

We examined the ways that federal, state, and local marriage recognition influence multiple domains of personal well-being of individuals in same-sex (n = 279) and different-sex (n = 266) relationships. Longitudinal data were collected across the transition to marriage equality (i.e., the U.S. Supreme Court Obergefell v. Hodges [2015] case decision, which resulted in same-sex marriage recognition federally). Prior to the ruling, levels of stigma and psychological distress were higher and family support was lower for individuals who were in same-sex (vs. different-sex) relationships. Levels of life satisfaction and family support were higher for those who were married (vs. not married). Levels of stigma and stress were lower and family support and life satisfaction were higher for those who lived in states that recognized same-sex marriage. A more supportive community climate was also associated with lower levels of stigma and stress and higher levels of family support than less supportive communities. Following the ruling, levels of stigma decreased over time, particularly for individuals in same-sex relationships, after accounting for state and local recognition. Levels of family support also increased, whereas support from friends decreased following the ruling. The findings of this study indicate that federal, state, and local marriage recognition play unique roles in changing the climate of discrimination for individuals in same-sex relationships. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

Understanding Attitudes Towards Same-Sex Marriage in the U.S.

After the legalization of same-sex marriage in 2015, some people believed that discrimination based on sexual orientation had ended, just as some people believed that discrimination based on race had ended with Obama’s Presidency in 2008. But the truth of the matter is, localized cohorts among the general population, i.e. older Americans, southerners, African Americans, evangelical Protestants, and Republicans continue to oppose gay marriage quite strongly, despite a majority of Americans supporting same-sex marriage. Whereas some argue that this has to do with factors like education and religiosity, others recognize that support has increased steadily, even among those most opposed, making this phenomenon in public opinion quite unique. As a result, researchers suggest that increases in support may represent a larger, cultural shift within society, which has made Americans more tolerant of sexual minorities, like homosexuals. In fact, in 2013, most Americans believed that the legal recognition of same-sex marriage was “inevitable,” according to polls collected by the Pew Research Center. But does this inevitability actually translate into acceptance of same-sex marriage and sexual minorities more generally?

Lessons from Gay and Lesbian Activism in Asia: The Importance of Context, Pivotal Incidents and Connection to a Larger Vision

Recent success and setbacks in the journey towards the recognition of same-sex marriage in Taiwan has drawn international attention to gay rights in Asia. While Taiwan may be making strides towards recognition of same-sex relationships, in contrast to Europe and North America, gay and lesbian activism has enjoyed only mixed success in Asia. This article examines the development and success factors of activism in five neighbouring jurisdictions: Hong Kong, China, Singapore, Taiwan, and Malaysia. In doing so, it explores how various elements condition the evolution and achievements of activist efforts. Specifically, the study examines the impact of the political and religious/cultural context on the progress towards equality. Beyond these contextual conditions, it concludes that activists most effectively make critical progress in instances where they are able to capitalize on pivotal incidents that have the potential of generating public empathy, and when they successfully draw connections between their specific claims to the values and needs shared by the larger population.

The hydraulics of constitutional claims: Multiplicity of actors in constitutional interpretation

Who makes constitutional claims? This article argues that on both sides of the Atlantic a multiplicity of constitutional actors outside the courts participate in the elaboration of constitutional principles. I map out these constitutional actors by using as a case study the legal recognition of same-sex marriage in the United States, Spain, the United Kingdom, and Ireland. In all four country cases, there are common functional demands for democratic involvement in shaping constitutional meaning. Even though these demands may take various institutional and procedural forms owing to diverse political, institutional, and cultural contexts, I argue that the same overarching hydraulics effect is at play across jurisdictions. When social movements are shut out of one forum, they channel their constitutional claims through different institutional avenues. The four systems represent distinctive models of formal recognition of same-sex marriage, with different actors taking the lead and appearing to have the final say on this contested issue. However, I explain that in all four cases we can detect the voices of multiple actors, including, notably, the people themselves, in a process of legal contestation around the interpretation of fundamental constitutional principles. These voices can take different forms, and the article proposes institutional, historical, political, and cultural factors that may account for this. Thus, the article tells a story of legal development arising from inclusive interpretive communities in the context of a democratic constitutional theory. This framework facilitates dynamic constitutional interpretation that reflects evolving political and social demands instead of top-down delivery of constitutional meaning.

Same-Sex Marriage – A Happy End Story? The Effectiveness of Referendum on Same-Sex Marriage in Europe

Marriage is a successful institution and it makes sense to open it to as many people as possible. The issue of same-sex marriage sparked emotional and political clashes between supporters and opponents. Denial of marriage rights to same-sex people can be seen as a kind of discrimination. This paper explores legal recognition of same-sex marriages. It thereby focuses on the role of Constitutional (Supreme) Courts engaging with the legal arguments over same-sex relationship recognition and marriage. It highlights the effects of policy evolution towards same-sex marriage as well as society’s attitudes. The paper examines the role of referendum held in five European states (Croatia, Slovakia, Ireland, Slovenia and Romania) devoted to (in general) same-sex marriage. It discusses the results of referendums and voters’ choice.

Same-Sex Marriage – A Happy End Story? The Effectiveness of Referendum on Same-Sex Marriage in Europe

Marriage is a successful institution and it makes sense to open it to as many people as possible. The issue of same-sex marriage sparked emotional and political clashes between supporters and opponents. Denial of marriage rights to same-sex people can be seen as a kind of discrimination. This paper explores legal recognition of same-sex marriages. It thereby focuses on the role of Constitutional (Supreme) Courts engaging with the legal arguments over same-sex relationship recognition and marriage. It highlights the effects of policy evolution towards same-sex marriage as well as society’s attitudes. The paper examines the role of referendum held in five European states (Croatia, Slovakia, Ireland, Slovenia and Romania) devoted to (in general) same-sex marriage. It discusses the results of referendums and voters’ choice.