Same-sex Marriage Rights Research Articles

INTIMATE PARTNER VIOLENCE AND THE THIRD GENDER

LGBTQIA+ community across the world has been fighting tooth and nail for their rights and establishing their legal identity across the globe. From fighting for rights of equal opportunity to equal recognition of their capabilities, this community has seen it all. From one but huge victory by decriminalizing of Section 377 of IPC, to claiming recognition to same- sex marriage in India, we have come a long way. Supreme Court in the petition for Same-Sex Marriage rights, it was well observed that it would hurdle the whole fraternity of Personal Laws. But what was completely out of picture during the debate of this petition was the Intimate Partner Violence (IPV). The lesbian, gay, and bisexual (LGB) population faces more difficult outcomes compared to the heterosexual population “across different life domains, including mental and physical health, subjective wellbeing, employment, poverty, homelessness, and social exclusion. IPV in the LGBTQ population has not been studied as frequently as in the heterosexual population.

A novel curriculum for the Same-Sex Marriage Act and Patient Right to Autonomy Act (SMPRA) module based on two new laws in Taiwan: a mixed-methods study

BackgroundThe establishment of laws has had a tremendous impact on holistic medical care. The Patient Right to Autonomy (PRA) Act and the Same-Sex Marriage Act have been passed in Taiwan, and both have sparked intense societal debate. The Same-Sex Marriage Act and PRA Act (SMPRA) teaching module was created for the Gender, Medicine, and Law (GML) course of the medical curriculum. This video trigger-assisted problem-based learning (VTA–PBL) software has integrated content on the aforementioned legislative proclamations. It upends conventional beliefs and fosters reflective practices on sexual rights and the right to representation among medical students. This study examined how the SMPRA module affected the knowledge and attitudes of medical students taking up the GML course.MethodsA simple pre-/post-test design evaluated the outcomes of the PBL module to examine the changes in knowledge and attitudes of medical students toward same-sex marriage rights. In 2019 and 2020, 126 and 49 5th-year medical students took up the GML course, respectively. The GML components included a video scenario representing advanced decision-making and a healthcare agency with a same-sex couple, a PBL discussion, and student feedback presentations. The mechanisms of feedback collection and measuring student knowledge and attitudes toward sexual rights differed between one cohort in 2019 and the other in 2020. Pre- and post-lecture tests were used in the first school year, whereas a post-lecture open-ended questionnaire survey was used in the second school year.ResultsIn total, 90 and 39 eligible questionnaires were received in the first and second school years, respectively, which corresponded to response rates of 71% and 80%. Students showed a better understanding of and positive enhancement of proficiency in legal and ethical content and relevant clinical practice. Qualitative analysis revealed that students viewed healthcare providers as checkpoints for conflicts of interest; medical ethics as the cornerstone of clinical practice; cultural background as a significant influence on decision-making; and empathetic communication as the cornerstone of relationships between patients, family members, and doctors.ConclusionThe GML course of the SMPRA module fosters reflective practices on ethical and legal sexual rights issues.

Are All Same-Sex Marriage Rights Created Equal? Homophobia and Labor Market Segregation from Heterogeneities in Same-Sex Marriage Legalization

Are All Same-Sex Marriage Rights Created Equal? Homophobia and Labor Market Segregation from Heterogeneities in Same-Sex Marriage Legalization

Attitudinal Change, Cohort Replacement, and the Liberalization of Attitudes about Same-sex Relationships, 1973–2018

Americans’ attitudes toward same-sex relationships have liberalized considerably over the last 40 years. We examine how the demographic processes generating social change in attitudes toward same-sex relationships changed over time. Using data from the 1973 to 2018 General Social Survey and decomposition techniques, we estimate the relative contributions of intracohort change and cohort replacement to overall social change for three different periods. We examine (1) the period prior to the rapid increase in attitude liberalization toward same-sex marriage rights (1973–1991), (2) the period of contentious debate about same-sex marriage and lesbian and gay rights (1991–2002), and (3) the period of legislative and judicial liberalization at the state and federal levels (2002–2018). We find that both intracohort and intercohort change played positive and significant roles in the liberalization of attitudes toward same-sex relationships in the postlegalization period, but that individual change was more important than population turnover over this period.

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.

Asia as Counter-method

Abstract By taking the recent legalization of same-sex marriage in Taiwan as a point of departure, this paper attempts to differentiate a “bloc asia” as a virtual aggregate from an “Area Asia” as a concrete geo-historical region in order to theorize the possibility of taking Taiwan or Asia as a counter-method. The paper starts with an examination of Takeuchi Yoshimi's 1960 “Asia as Method” in light of the two possible Asias—Asia as entity and Asia as method—suggested in Koyasu Nobukuni's poststructuralist reinterpretation. It then moves on to the two possible methods as disclosed in Kuan-Hsing Chen's Asia as Method—one adopts an “Asian studies in Asia” approach with an inter-referencing system; the other foregrounds a dynamic process of turning and hybridizing that occurs between Western colonial powers and local structures—to warp up the similar differentiation of Area Asia and bloc asia, as well as that of Asia as entity and Asia as method. The second part of the paper focuses on Taiwan's recent “Pikaochiu” incident, which uncannily conflates questions of same-sex marriage rights and ancestral tablet terminology. Instead of regarding it as merely an Internet kuso, the paper takes it to demonstrate how out of the old clan patriarchy in East Asia there may emerge new “homophobic” forms that rely not on a proscription of specific sex practices but rather on defending the integrity of the family surname and patrilineage. Yet its potentiality as a rollback against a Euro-American model of marriage, kinship, and family, and simultaneously a reversal against East Asian Confucian values, makes it a bizarre yet challenging case to explicate how Asia could function as a counter-method, a virtual “not yet.”

Pembe Caretta

Pembe Caretta

Bisexuality, Slippery Slopes, and Multipartner Marriage

ABSTRACTThis article explores the position of polyamory in slippery slope arguments directed against the campaign for same-sex marriage rights in the United States. In the rhetoric of right-wing opponents granting same-sex marriage rights is seen as the first step on a long spiral downwards toward moral decay, which will successively normalize a whole range of problematic and ‘unwanted’ practices. Polygamy and, in its close proximity, polyamory are usually the first items on a list that may also include adultery, adult incest, bestiality, and pedophilia. The article highlights the mobilization of racist and nationalist tropes at the heart of antipolygamy sentiments and considers the impact of this legacy for poly politics. Concentrating on the analysis of essays published by the Conservative journalist Stanley Kurtz, the article explores the connection between bisexuality and polyamory in some slippery slope arguments. slippery slope arguments have been a constant feature of the debates about same-sex marriage rights in the United States. Their relative prominence and strong hold within the public imagination have also affected the discourses deployed by poly activists, resulting in common disassociations from polygamy and an a reluctance to engage with questions regarding the legal recognition of multipartner relationships at all. Understanding the slippery slope dynamic is important for grasping the conditionality that contributes to the persisting hostilities against polyamory, polygamy, and LGBTQ intimacies and that shapes social movement politics.

Debating Same-Sex Marriage: Lessons from Loving, Roe, and Reynolds

The United States Supreme Court, in its 2015 Obergefell v. Hodges decision, declared a constitutional right to same-sex marriage (SSM). With Republicans now controlling the Congress and presidency, and with value-traditionalists and ‘strict’ constitutionalists influencing the party’s legislative agenda and judicial nominees, Obergefell’s future and the contours of SSM rights are uncertain. Proponents assume the decision will delegitimate opponents, just as Loving v. Virginia (1967) accelerated the delegitimation of racial segregationists. SSM opponents counter with the Court’s 1973 Roe v. Wade ruling and argue that, like Roe, Obergefell undermines the democratic process, which is better suited to resolve a highly-charged moral dispute. Like Roe, Obergefell will not resolve the debate but, instead, trigger a durable opposition. We add a third possible path, drawing on the evolving public discourse on polygamy since the Supreme Court upheld prohibitions in Reynolds v. United States (1878). The politics of polygamy shows that, if SSM opponents are delegitimated, they may reemerge as legitimate participants in the public sphere. These paths offer insights into uncertainties, contingencies, and predictions regarding the durability of SSM resistance and other oppositional movements. They also lead to revisionist interpretations of the effect on public discourse flowing from these three seminal court decisions. The politics of interracial marriage (after Loving) shunned the losing political faction from the public forum, while those of abortion (after Roe), and, recently, polygamy, illustrate a more vibrant, pluralist model of deliberation. Whether SSM opponents will mimic a Roe model, or follow the trajectory of Loving or Reynolds, is now the question.

“Won't Someone Think of the Children?”: Reproductive Futurism and Same-Sex Marriage in US Courts, 2003-2015

In this article, I analyze the state and federal court cases that established same-sex marriage rights in the USA, from Massachusetts in 2003 to the Supreme Court in 2015. Using content analysis, I examine the legal rhetorics deployed in favor of and against same-sex marriage, focusing on how courts interpreted both sides’ appeals to children’s wellbeing. Such appeals represent a political tactic Lee Edelman (2004) terms “reproductive futurism.” Four child-focused arguments routinely appear in these cases: opponents claim that (1) heterosexual marriage provides an optimal environment for childrearing and (2) marriage is designed to incentivize commitment for sexually irresponsible straight couples via procreative channeling; proponents respond that (3) gay and lesbian couples are just as good as straight couples at raising children and (4) gay marriage bans harm same-sex couples’ children by making them second-class citizens. I argue that the latter “children first” positions emerged—in both proponents’ arguments and court rulings—as a response to opponents’ claims and to the structural constraints of the legal system. This narrowed line of argumentation simultaneously paved the way to legal victory while also limiting the rulings’ usefulness for advancing LGBT rights beyond marriage.

Obergefell v. Hodges and Nonmarriage Inequality

On June 26, 2015, the Supreme Court announced its much-anticipated decision in Obergefell v. Hodges, opening the door to nationwide recognition of marriage rights for same-sex couples. The public response to the Court’s decision was immediate and overwhelmingly positive. There is certainly much to celebrate about the Obergefell decision, but there is also cause for serious concern — even alarm. Although the Obergefell decision is a victory for same-sex couples that wish to marry, it is likely to have negative repercussions for those — gay or straight — who, by choice or by circumstance, live their lives outside of marriage. Obergefell builds the case for equal access to marriage on the premise that marriage is the most profound, dignified, and fundamental institution that individuals may enter. By comparison, alternatives to marriage, which I collectively term “nonmarriage,” are less profound, less dignified, and less valuable. On this account, the rationale for marriage equality rests — perhaps ironically — on the fundamental inequality of other relationships and kinship forms.

The Indirect Effects of Partisanship and Partisan Media on Knowledge About Same-Sex Marriage Policy: Exploring the Knowledge and Belief Gap Hypotheses

This study applies the knowledge gap and the belief gap hypotheses to explore knowledge about same-sex marriage rights in the United States. Whereas the knowledge gap predicts that individuals of higher socioeconomic status will be better informed on political issues, the belief gap suggests that that political ideology is a stronger predictor of knowledge and beliefs than education or income levels. Results from this study indicated that higher income levels were a significant predictor of more knowledge about same-sex marriage policy but education was not related to knowledge. As for the belief gap, political party affiliation was not a stronger predictor of knowledge than education level. However, political party affiliation and partisan media (both conservative and liberal) indirectly impacted knowledge through attitudes toward homosexuality, such that Democratic partisanship and liberal media use indirectly led to more knowledge about same-sex marriage rights and conservative media indirectly led to less knowledge about same-sex marriage rights.

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.

Abortion and same-sex marriage: how are non-sectarian controversial issues discussed in Northern Irish politics?

ABSTRACTWestminster's legislation regarding marriage rights for same sex couples has not been extended to Northern Ireland. Similarly, Northern Ireland has never been under the jurisdiction of the 1967 Abortion Act, making abortion effectively illegal in the province unless it is necessary to preserve the long-term life or health of the woman. This article considers contemporary political debate around abortion and same-sex marriage in Northern Ireland to ask; how are controversial (but non-sectarian) issues such as abortion and same sex marriage dealt with in a divided society? Using data from the Northern Ireland Life and Times Survey and selected debates from the Northern Irish Assembly, it considers how political parties and post-conflict governance have shaped debate on these issues.

Same-Sex Marriage versus Human Rights: The Legality of the “Anti Gay & Lesbian Law” in Nigeria

As an avenue to guarantee and ensure the enjoyment of right to freedom of private and family life, spouses have been permitted and encouraged by various laws to get married to one another. The concept of marriage has been generally understood and confined within the following meaning: “a legal union between a male and a female with a view to becoming husband and wife.” Such definition precludes any unionism that may occur between same-sex couples in a manner contrary to the law and public policy. In the recent past, the Government of Nigeria has signed into law a bill known as “Same-Sex Marriage (Prohibition) Bill, 2011”. The Bill prohibits a marriage between two same couples and all sort of matters connected therewith such as forming a union that has to do with same-sex marriage. The prohibition has been supported by the religious declarations, people’s culture, public policy and morals in the country. The passage of the Bill into law has attracted series of condemnations by some of the international community and the proponents of same-sex marriage. For it is said to have been enacted contrary to the human rights law and the Nigerian constitution. According to the proponents of same-sex marriage, the passage of the Bill into law is an attempt to deprive some minorities of their basic social rights such as right to freedom of private and family life; freedom to assemble peacefully; and freedom from discrimination as contained under the International, regional and domestic instruments. Hence according to them, the Enactment is illegal and unconstitutional. Hence, it is against this controversy that the paper attempts to examine the legality of the anti- gay law in Nigeria with a view to drawing a line of demarcation between the protection of human rights on one part and the right of gays to marry one another on the other part.

Performing the Nation: Contesting Same-Sex Marriage Rights in the United States

Public opinion polls, Supreme Court decisions, and changes in federal and state law suggest that the United States is witnessing a support for lesbian, gay, bisexual, and transgender (LGBT) rights today that few would have predicted five years ago. This article offers a critical assessment of that growth as it is manifest in the context of marriage equality. It shows that efforts to advance same-sex marriage rights, while offering an important challenge to oppositional arguments, actually rely on norms quite similar to those of marriage equality opponents. Both advocates and opponents envision and enact the kind of citizenship appropriate to national health and identity in surprisingly similar ways. Both reinforce a set of norms, laws, and practices that make the right to marriage almost synonymous with family and responsible parenting. Such a consolidation of repronormativity may have troubling consequences for efforts to advance LGBT rights at home and abroad.

Pediatricians Say Same-Sex Couples Should Have Right to Marry, Adopt

Saying that “research documents there is no cause-and-effect relationship between parents’ sexual orientation and children’s well-being,” pediatricians endorse same-sex marriage rights. APA took a similar position in 2005.

Out of the homeland: The Croatian Right and Gay Rights

This article discusses how the Croatian right’s attitudes towards gay rights have been defined by nationalism and Europeanism. It focusses on the Croatian Democratic Union (Hrvatska demokratska zajednica, HDZ), which has dominated Croatian politics since it was first elected to government in 1990. It led Croatia to independence from Yugoslavia in 1991 and through the homeland War from 1991 to 1995, and it also started and finished Croatia’s negotiations for accession to the European Union from 2005 to 2011. The HDZ government did not actively address gay rights in Croatia in the 1990s, especially since it espoused a heteronationalism influenced by Roman Catholic teachings. Homosexuality was usually mentioned by HDZ officials only in negative terms, such as when allegations of it were used to discredit critics or opponents. Although the HDZ government had sought to integrate Croatia with Western Europe, it was isolated by the West in the late 1990s because of its authoritarian and nationalist tendencies. However, after its electoral defeat in 2000, the HDZ transformed itself into a more moderate right-wing party, and it returned to government in 2003. Subsequently, it had to actively address gay rights, as these had become a prominent political issue under the previous government and with the rise of a local gay movement. As the HDZ government placed EU accession at the centre of its programme, it also came under pressure from the EU to adopt anti-discrimination laws to protect sexual minorities. However, the HDZ continues to oppose the expansion of gay rights in debates on same-sex marriage or adoption rights for same-sex couples, which are not required for admission into the EU, and it continues to do this with references to traditional Croatian and Catholic values.

Some Gays and the Queers

Some Gays and the Queers

(Dis)similarity Between Liberals and Conservatives: Predicting Variability in Group Differences on Abortion and Same-Sex Marriage Rights Attitudes

The focus on liberal and conservative differences is extensive, yet there is little attention to variability in these differences. In this study, factors that moderated attitude differences were identified. Group identity strength (i.e., how strongly individuals identified as liberal or conservative), how highly individuals considered the social issue to be personally relevant to their political identity (i.e., issue relevance), attitude strength and ambivalence all moderated the extent to which liberals and conservatives differed in their attitudes toward abortion and same-sex marriage rights. By bridging the attitude strength and social identity literature, these findings begin to characterize which liberals and conservatives are more likely to be polarized and extreme in their attitudes, and which ones, despite their opposing ideology alignments, differ little from one another on attitudes normally polarized around these identities.