Same-sex Marriage Legislation Research Articles

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.

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

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 < .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 < .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.

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.

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.

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.

Two Decades of Same-Sex Marriage in Sweden: A Demographic Account of Developments in Marriage, Childbearing, and Divorce

In this study, we provide demographic insight into the still relatively new family form of same-sex marriage. We focus on period trends in same-sex marriage formation and divorce during 1995–2012 in Sweden and the role of childbearing in same-sex unions. The period begins with the introduction of registered partnership for same-sex couples and also covers the introduction of formal same-sex marriage in 2009. We use register data for the complete population of Sweden to contrast patterns in male and female same-sex marriage formation and divorce. We show that female same-sex union formation increased rapidly over the period, while trends for male same-sex unions increased less. The introduction of same-sex marriage legislation in 2009 appears to have had little effect on the pace of formation of same-sex unions. In contrast, legal changes supporting parental rights in same-sex unions may have fueled the formation of female same-sex marriages as well as parenthood in such unions. Further, we show that divorce risks in the marital unions of two women are much higher than in other types of marriages. We find some convergence of divorce risks across union types at the end of our study period: male same-sex unions have the same divorce risk levels as opposite-sex marriages, and the elevated risks of divorce in female same-sex unions appear to have stabilized at somewhat lower levels than those observed in the late 1990s.

Same-sex marriage legalization associated with reduced implicit and explicit antigay bias

The current research tested whether the passing of government legislation, signaling the prevailing attitudes of the local majority, was associated with changes in citizens' attitudes. Specifically, with ∼1 million responses over a 12-y window, we tested whether state-by-state same-sex marriage legislation was associated with decreases in antigay implicit and explicit bias. Results across five operationalizations consistently provide support for this possibility. Both implicit and explicit bias were decreasing before same-sex marriage legalization, but decreased at a sharper rate following legalization. Moderating this effect was whether states passed legislation locally. Although states passing legislation experienced a greater decrease in bias following legislation, states that never passed legislation demonstrated increased antigay bias following federal legalization. Our work highlights how government legislation can inform individuals' attitudes, even when these attitudes may be deeply entrenched and socially and politically volatile.

Examining Partnership-Health Associations Among Lesbian Women and Gay Men Using Population-Level Data.

The aim was to provide the first broad assessment of partnership-health associations across partnership statuses among lesbian and gay individuals. Using population-level data from the 2016 U.S. Behavioral Risk Factor Surveillance System, specifically the 26 states/territories that assessed sexual orientation and gender identity, we ran analyses of covariance and logistic regressions to compare lesbian and gay individuals (N = 2963) of different partnership statuses in general health, physical health and health conditions, mental health, health behaviors, and health care access/utilization domains. All omnibus and logistic regression models were significant (p < 0.001). Follow-up pairwise comparisons of mean differences across partnership groups revealed that in at least one variable in the general health, mental health, health behaviors, and health care access/utilization domains, married lesbian and gay individuals reported the best health, followed by partnered, single, and then divorced, separated, and widowed lesbian and gay individuals (p < 0.001). Exceptions included variables in the physical health and health conditions domain, the health behaviors of smoking and heavy drinking, and ever having an HIV test. When stratifying by sex, for both gay men and lesbian women being married or partnered related to the best health in at least one variable in each health domain, and in the majority of all outcome variables. This article provides the first evidence for partnership-health associations among gay and lesbian individuals based on a large-scale, multidomain test of population-level data. Future research could examine temporal links between same-sex marriage legislation and health outcomes among sexual minority individuals.

Family Feuds: The Relationships between Legal Changes and Media Framing Concerning the Family

ABSTRACTHow do legal changes affect discourse concerning family forms? The concept of the family is conventionally assumed to be stable and unchanging; yet, the idea of family is continuously defined and redefined by the law. I analyze the nature of media framing before and after federal legislative changes, specifically the passage of the Defense of Marriage Act (1996) and Windsor v. United States (2013). I investigate 156 articles about same-sex marriage legislation published in The New York Times. Results show that legislative events and court decisions influence the framing of family and family forms. DOMA influenced the discourse surrounding family composition by strictly defining the family unit, centering it on a heteronormative framework of one man and one woman. Windsor affected the discourse concerning the role of children by shifting the focus away from LGBT parents as unfit or dangerous to children and toward a structural and societal assessment of discrimination. Both DOMA and Windsor affected public discourse about morality. These findings support the idea that legal changes affect conceptions of the family and reveal how these conceptions can change in the broader public imagination.

Family Feuds: The Relationships between Legal Changes and Media Framing Concerning the Family

ABSTRACTHow do legal changes affect discourse concerning family forms? The concept of the family is conventionally assumed to be stable and unchanging; yet, the idea of family is continuously defined and redefined by the law. I analyze the nature of media framing before and after federal legislative changes, specifically the passage of the Defense of Marriage Act (1996) and Windsor v. United States (2013). I investigate 156 articles about same-sex marriage legislation published in The New York Times. Results show that legislative events and court decisions influence the framing of family and family forms. DOMA influenced the discourse surrounding family composition by strictly defining the family unit, centering it on a heteronormative framework of one man and one woman. Windsor affected the discourse concerning the role of children by shifting the focus away from LGBT parents as unfit or dangerous to children and toward a structural and societal assessment of discrimination. Both DOMA and Windsor affected public discourse about morality. These findings support the idea that legal changes affect conceptions of the family and reveal how these conceptions can change in the broader public imagination.

Contemporary and Traditional Voices: Reactions to Same-Sex Marriage Legislation in the Evangelical Lutheran Church of Finland and the Orthodox Church of Finland

Abstract This article studies the debate on same-sex marriage in the early 21st century, within the two national churches of Finland, the Evangelical Lutheran Church and the Orthodox Church. Legislation facilitating the so-called “gender-neutral marriage” came into effect in Finland in March 2017. In their official teachings, both churches emphasize marriage as a union between a man and a woman. An awareness of the rights of sexual minorities has, however, increased in both churches, and has given rise to the debate on how same-sex marriage should be perceived. While holding on to the traditional view of marriage, both churches have sought ways to recognize and affirm the position of sexual minorities. This has caused tension within the churches. As the majority church, the Lutheran church in particular faces strong pressure to accept same-sex weddings in the church. For the advocates of sexual minorities within the Orthodox Church, recognition of sexual minorities seems to be the main objective, rather than promoting same-sex weddings.

Religion, Support of Equal Rights for Same-Sex Couples and the Australian National Vote on Marriage Equality

In 2017, the Australian Government commissioned a national vote on same-sex marriage legislation, which elicited substantial debates dominated by religious voices. We examine the associations between religious identification, the importance of religion to one's life and frequency of attendance at religious services and support for same-sex couples in such a unique context. We contribute to knowledge by (1) systematically examining these relationships in a country other than the United States (Australia) using high-quality, nationally representative panel data spanning 2005-2015 (Household, Income and Labour Dynamics in Australia Survey; n = 44,794 observations/18,384 individuals), (2) assessing the degree of intra-group heterogeneity in views toward equal rights, and (3) considering how religiosity modifies the effects of other sociostructural factors. We find high degrees of between- and within-group heterogeneity in support of equal rights for same-sex couples, and large religiosity gradients. Furthermore, religiosity suppresses the liberalizing effects on attitudes of historical time, education, socioeconomic background, and city residence.

Structural stigma and the health and wellbeing of Australian LGB populations: Exploiting geographic variation in the results of the 2017 same-sex marriage plebiscite

RationaleLesbian, gay, or bisexual (LGB) people experience poorer life outcomes than heterosexual people, with ongoing debates about the aetiology of these differences. Minority stress theory draws attention to the importance of structural stigma, which concerns hostile social environments for sexual minorities that constrain their opportunity structures. Yet few studies have operationalised structural stigma and tested its influence, with most focusing on the US context; even fewer studies examine the underlying mechanisms. ObjectiveThis study expands the available evidence to Australia, which constitutes an interesting case study due to the implementation in late 2017 of a national postal plebiscite on same-sex marriage legislation. It also adds to knowledge by theorising and testing the mediating role of perceived social support in explaining the association between structural stigma and the life outcomes of LGB people. MethodThe analyses leverage geographical variation at the electorate level (n = 150) in the share of ‘No’ voters in the plebiscite as a measure of structural stigma. This aggregate-level information is merged to individual-level data from the Household, Income and Labour Dynamics in Australia Survey, a large, national probability sample (n∽15,000). ResultsMultilevel regression models yield results which are consistent with minority stress theory and previous US scholarship: LGB people report comparatively worse life satisfaction, mental health and overall health in constituencies with higher shares of ‘No’ voters, controlling for a large set of individual- and aggregate-level confounds. Perceived social support mediates a large portion of the effects of structural stigma on LGB outcomes. ConclusionThese findings have significant implications for policy and practice, highlighting the need for interventions aimed at reducing community levels of structural stigma and increasing social support to LGB populations.

Interactional dynamics of same-sex marriage legislation in the United States.

Understanding how people form opinions and make decisions is a complex phenomenon that depends on both personal practices and interactions. Recent availability of real-world data has enabled quantitative analysis of opinion formation, which illuminates phenomena that impact physical and social sciences. Public policies exemplify complex opinion formation spanning individual and population scales, and a timely example is the legalization of same-sex marriage in the United States. Here, we seek to understand how this issue captures the relationship between state-laws and Senate representatives subject to geographical and ideological factors. Using distance-based correlations, we study how physical proximity and state-government ideology may be used to extract patterns in state-law adoption and senatorial support of same-sex marriage. Results demonstrate that proximal states have similar opinion dynamics in both state-laws and senators’ opinions, and states with similar state-government ideology have analogous senators’ opinions. Moreover, senators’ opinions drive state-laws with a time lag. Thus, change in opinion not only results from negotiations among individuals, but also reflects inherent spatial and political similarities and temporal delays. We build a social impact model of state-law adoption in light of these results, which predicts the evolution of state-laws legalizing same-sex marriage over the last three decades.

Much ‘I do’ about nothing? The impact of South Africa’s Civil Union Act on media representations of marriage

Abstract With the Civil Union Act in 2006, South Africa passed the first national-level same-sex marriage legislation on the continent. Both proponents and opponents ascribed importance to this legislation based on the idea that it would fundamentally change the institution of marriage. Has the Civil Union Act changed the depiction of marriage in media, and by extension, changed representation of this institution in the public sphere? This article investigates marriage as it appears in South African media through an analysis of 736 English language newspaper articles from 2005–2011. We demonstrate that discourses around marriage changed in the short term, with more attention paid to sexual minorities. Over the medium term, however, there was no significant shift in media discussions of marriage, suggesting that the legislation did not significantly alter depictions of the institution of marriage in the public sphere.

Same-sex marriage and mental health.

It has been proposed that legislation for same-sex marriage has a positive mental health benefit. The purpose of this paper is to review and evaluate the empirical and conceptual links between same-sex marriage and mental health. There are substantive methodological issues in the four surveys and comparisons undertaken. Difficulties with the validity of the evidence are discussed. Conceptual difficulties in the arguments relating to victimisation as well as the psychology of marriage are highlighted. It was concluded that it is premature to make claims of causality vis-a-vis same-sex marriage legislation and mental health.

Electoral paths and support for same-sex marriage legislation: Evidence from Taiwan’s mixed-member system

To what extent do electoral institutions influence positions on same-sex marriage? Debates over same-sex marriage legislation have increased globally for the past 20 years, yet little research focuses on either debates in East Asia or the effect of electoral institutions. Using an original dataset on Taiwanese legislators and their public stances on same-sex marriage, this research finds that legislators elected under proportional representation (PR) are consistently more likely to support same-sex marriage laws than their counterparts elected in single-member districts (SMDs), even after controlling for partisanship. The results here not only highlight overlooked institutional influences on support, but also tie the broader literature on mixed-member systems to the growing research on same-sex marriage rights.

Implicit homophobic argument structure

This article analyses the linguistic and discursive elements which contribute to the production of implicit homophobia. Explicit homophobia has been well documented and strategies for countering discriminatory language have been developed (Baker 2014, Leap 2012). However, our interest here is in documenting implicit homophobia, where homophobic beliefs are only hinted at, are disassociated from the speaker, or are embedded within discursive and argument structures. We decided to analyse the debate in the media around the introduction of equal or same-sex marriage legislation in the UK. We focused our analysis on a series of radio programmes on BBC Radio 4,The Moral Maze(2011–2012), where the issue of same-sex marriage was debated with a team of panelists and invited guests from a range of different organisations. Different perspectives on same-sex marriage were discussed, in a seemingly objective and dispassionate way, where the interactants distanced themselves from homophobic beliefs and yet implicitly subscribed to homophobia. We used an analysis drawing on argumentation structure (Fairclough &amp; Fairclough 2012) and through focusing on stance, recontextualisation, imaginaries, and metaphor, we developed an analysis which made the way that implicit homophobia works more visible. In this way, we hope to foreground implicit homophobia, and develop a linguistic and discursive ‘toolkit’ which will enable it to be challenged and countered.

The LGBQ Social Climate Matters: Policies, Protests, and Placards and Psychological Well-Being Among LGBQ Emerging Adults

Sexual minority youth, including emerging adults, are at risk for negative health outcomes. Minority stress theory posits that heterosexism can contribute to these outcomes among sexual minorities. Researchers have tested this theory with respect to interpersonal heterosexism; however, little attention has been given to macro-level and environmental forms of heterosexism, especially among lesbian, gay, bisexual, and queer (LGBQ) youth. In this study, we examine the role of objective social climate (LGB state-level policies) and experiential distal and proximal environmental microaggressions on the psychological well-being of LGBQ emerging adults. Furthermore, we examine the role of LGBQ identity salience as a moderating factor on the macro/environmental-heterosexism and well-being relationship. Multivariable linear regression results suggest that living in a state without same-sex marriage laws is associated with greater self-esteem, whereas both distal and proximal environmental microaggressions are risk factors for anxiety and perceived stress. Furthermore, identity salience can ameliorate the effects of distal microaggressions and intensify the effects of proximal microaggressions and same-sex marriage legislation. Implications for practice with sexual minority youth are discussed.