Recognition Of Same-sex Unions Research Articles

Familienrecht Russlands: Triumph der „traditionellen Werte“

In Russia, the 2014 enactment of a concept of a State family policy for the period until 2025 has been accompanied by a process of enshrining traditional values as a foundation for family policy. Recent reforms have recognised at constitutional level the supremacy of traditional values in Russian family policy, resulting in amendments to the Russian Family Code, with further changes in the pipeline. However, even prior to these reforms, administrative and judicial practice have applied the law through the prism of traditional values covering different aspects of family relationships, including the consideration of the best interests of the child, the determination of the child’s place of residence, the limitation and revocation of parental rights, and the recognition of same-sex unions. The contribution analyses where these tendencies may cause frictions with international standards in the field of human rights and, in particular, rights of the child.

18.M. Workshop: Institutional barriers and support influencing the health and well-being of LGBT individuals

Abstract Research studies from many parts of the world have demonstrated significantly elevated risk of poor mental health among lesbian, gay, bisexuals, and transgender (LGBT) individuals compared to cisgender and heterosexual individuals. A growing body of evidence suggests that the elevated risk of poor mental health among LGBT people can be partly attributed to greater exposure to stigma-related stress and institutional barriers, such as, limited access to adequate health care, discriminatory legislation (e.g., regarding recognition of same-sex unions), and limitations in open expression of identity. Today many governmental public health agencies call for policy and intervention programs addressing specific needs of LGBT individuals. Still, the public health consequences of discrimination towards LGBT individuals have only recently been a topic of investigation and current knowledge in the area is limited. This workshop will include presentations of studies on strategies to reduce healthcare inequalities including the barriers LGBT individuals face when they access care and give examples of how institutional support can be provided. Laetitia Zeeman and Nigel Sherriff from University of Brighton, will present results from a European Union funded pilot project. Dr Corina Lelutiu-Weinberger from Rutgers University will present results from a study of the influence of gender affirmation and discrimination on transgender individuals mental health in a large US sample. Next, Daniel Hagen from New York University will present data analysing the protective effects of legal same-sex unions on the mental health of lesbian and gay couples. Lovro Markovic will present a study of predictors of being open with an LGBT identity in the workplace among employees in Austria. Key messages Although encouraging promising practices to reduce LGBT healthcare inequalities have been initiated in many parts of the world, much remains to be done to ensure equal access to care for all. Barriers to social integration in the form of discriminatory marriage legislation and work-place discrimination can have a negatively influence on LGBT individual's health and well-being.

Workshop: Addressing the mental health needs of lesbian, gay, bisexual, and transgender populations

Abstract Today a large number of studies from different parts of the world clearly show that compared with heterosexuals lesbian, gay, bisexual, and transgender (LGBT) individuals have an increased risk of mental health problems, especially depression, anxiety and suicidal behaviour. To meet this increased risk of mental health problems, many governmental public health agencies call for policy and intervention programs addressing specific needs of LGBT individuals. Despite the clear need for evidence-based care, prevention, and treatment specifically tailored to LGBTQ people, there are currently few such programmes due to lack of sufficient research. This workshop will give examples of studies on mental health care needs among LGBT individuals and effect of evidence-based training for mental health providers, as well as, studies showing improvements of mental health after treatments. Dr. Corina Lelutiu-Weinberger (Rutgers University, USA) will present results from a newly conducted study of LGBT-affirmative mental health training for health care providers in Romania. Dr. John Pachankis (Yale University, USA), will present results showing improvements in mental health among transgender individuals after receiving gender-affirmative surgical treatment, using a total population dataset from Sweden. Dr. Igor Grabovac (Medical University of Vienna, Austria) will present health and well-being disparities based on sexual orientation among older LGBT individuals in England. The situation for LGBT individuals varies greatly across Europe. The level of acceptance for minority sexual orientations differs greatly by country, and in many countries, LGBT people are also subject to legal discrimination concerning basic civil rights, e.g. regarding recognition of same-sex unions. During the workshop, Dr. Richard Bränström (Karolinska Institutet, Sweden) will present data on experiences of discrimination in health care settings and openness with sexual and gender identity to mental health providers among LGBT populations across all 28 European Union Countries. Key messages Today a large number of studies from different parts of the world clearly show that compared to heterosexuals LGBT individuals have an increased risk of mental health problems. Access to supportive mental health care for LGBT individuals varies greatly across Europe and dissemination of targeted LGBT-affirmative evidence-based interventions needed.

A Queer Convergence: An Examination of Same-sex Union Policies in Canada and Australia

Canada and Australia, as Westminster parliamentary federal systems, share many institutional similarities. However, there are key divergences in the exercise of institutional practices within their judiciaries and legislatures. In spite of these divergences, there has been a policy convergence in the area of same-sex unions. The causes of this convergence are twofold: first, the institutional arrangements under federalism provided the mechanisms for addressing same-sex unions; and second, it was the constituent units that utilised these institutional mechanisms in order to pursue the recognition of same-sex unions. Both the constituent units within Canada and Australia generated an ‘upward’ pressure on their respective federal governments (specifically the legislatures) to address the question of same-sex marriage.

<I>We Are Family!</I> Legal Recognition of Same-Sex Unions in Brazil

The processes that led to legal recognition of same-sex unions in Brazil and in the United States followed clearly different paths. Instead of pursuing legalization of same-sex marriage as a primary goal of their political agenda like their American counterparts, Brazilian gay and lesbian couples first sought access to the institutions that regulate domestic cohabitation. The early jurisprudential characterization of the family as an institution independent from marriage encouraged them to center litigation on the possibility of classifying same-sex couples as family entities. Gay and lesbian couples claimed in a series of lawsuits that they build a form of union that provides them with the same benefits that heterosexual individuals obtain from their relationships, a reason why the Brazilian legal system should not deny them equal legal treatment. Many courts acknowledged the validity of their claims in several decisions that gradually extended spousal rights to same-sex couples, a process that prepared the ground for the recent Supreme Court decision that legalized same-sex unions in the country. This article explains the development of the Brazilian same-sex union litigation and adjudication as a story about the convergence of two important jurisprudential developments: the long national tradition of giving legal protection to domestic cohabitants, and the emergence of a strand of decisions that understands equality as a constitutional principle that aims to eradicate structural forms of inequalities. By adopting an incremental approach to gay marriage litigation, Brazilian same-sex couples have achieved effective legal protection. The Brazilian case serves as an interesting point of comparison for same-sex marriage advocates elsewhere in the world, since this gradual approach tends to be dismissed as a litigation strategy that could deliver equal legal treatment.

Registered Domestic Partnerships, Same-Sex Marriage, and the Pursuit of Equality in California

Policies in California are examined to inform analysts of the process by which legal recognition of same-sex relationships may be achieved. Content analysis was conducted of relevant legislation, court cases, and voter initiatives, along with interviews with state legislators to gain an eyewitness understanding of the social climate surrounding the implementation of these policies. Legal recognition of same-sex unions occurs on an incremental basis and is embedded within a larger sociocultural context that includes shifts in public opinion concerning homosexuality and legal recognition of same-sex unions, issues of civil/human rights versus social control over morality, and the influence of legal developments occurring elsewhere. The most likely outcome of the debate over legal recognition of same-sex unions is a national domestic partnership or civil unions policy.

FATHER OF THE BOTTOM: TOWARDS A CRITIQUE OF SAME-SEX MARRIAGE

On July 20th, 2005, the federal government of Canada passed Bill C-38, the Civil Marriage Act, which changed the legal definition of marriage as the lawful union of two persons to the exclusion of all others. This changed the federal legislation from defining marriage as a union between a man and a woman and broadened the legal definition to include same-sex couples. Canadians for Equal Marriage (CEM), one of the principal advocacy organizations, lauded the change in legislation as an important move towards equality for same-sex individuals. The organization’s advocacy work leading up to the vote in the House of Commons, along with their public media campaigns, reinforced the position that saw the inclusion of queer unions into federal definitions of marriage as an important moment for the queer rights movement. The discourse that surrounded this debate leading up to and after July 20th framed marriage as the cornerstone of queer rights and equality; yet, it lacked any sort of critique about the broader social and political implications for queer identity and the queer rights movement. Conflating marriage with equality, CEM’s discourse around gay marriage lacked any critique of how inclusion into state-legislated familial structures could impact broader discourses of queer identity. Instead, the majority of articles focused on how queer marriage was obligatory and called on all members of the queer community to embrace and organize politically around the issue of marriage. This discourse suggests the recognition of same sex unions is indicative of a broader social equality. However, it must be asked whether this assimilation into a heterosexual/heteronormative framework ensures real equality or merely the assimilation of queer identity through state-mediated kinship structures. Although gay marriage is a tool for enabling the inclusion of same-sex partners into benefits packages, tax breaks and other federally legislated benefits, the language used by gay marriage advocates problematically links concepts of equal rights to marriage without questioning or critiquing the concept of state-mediated kinship structures. Looking at the media campaign around this issue, and how it linked the attaining of rights to legalizing marriage it must be asked whether this would create real social acceptance, or whether the same-sex marriage debate is an in actuality just an attempt to normalize queer relationships into a larger heteronormative framework.

Marriage and Legal Recognition of Same-Sex Unions

Marriage and Legal Recognition of Same-Sex Unions