Recognition Of Same-sex Relationships Research Articles

Troubling ‘the norm’? Or, how to become a recognisable, visible gay parent through surrogacy: A comparative analysis of Israeli and German gay couples

Over the past two decades, recognition of same-sex relationships and non-normative families has increased alongside greater access to reproductive technologies. Despite this progress, surrogacy, a potential path to parenthood for gay couples, remains banned in many countries. Research indicates that gay couples, facing legal restrictions, often seek reproductive services abroad, navigating complex legal, political and sociocultural contexts in both their home and destination countries. However, existing research lacks cross-country comparisons that explore how different contexts shape gay couples’ reproductive practices. This study enhances our theoretical understanding of the intricate interplay between social structure and social interactions. It explores how normative family conceptions, ingrained in legal frameworks, societal norms and cultural values at the macro level, profoundly influence the (normalising) practices of couples at the micro level. Empirically, this study compares Germany and Israel, where gay couples face starkly different challenges. Germany universally prohibits surrogacy, while Israel permits it, although not for gay men during my interviews. Drawing on interviews with couples from both countries who engaged surrogates abroad, this study analyses their struggles for legal recognition and social visibility as ‘gay father families’. In both countries, couples navigate legal, political and sociocultural contexts differently, encapsulated in a process termed ‘becoming a gay father family’, involving concealing surrogacy and appropriating heteronormative family narratives. The data indicate that the couples’ social interactions reflect and reinforce a discernible normative shift from heteronormativity to repronormativity in the context of assisted reproduction.

Discrimination and normalization as an effortful social practice: An analysis of LGBTQ+ families in Germany

While legal recognition of same-sex relationships and families has increased in many democratic countries, discrimination on the grounds of sexual orientation, both open and subtle, still exists. Drawing on qualitative interviews from Germany, this study uses the grounded theory methodology to analyse LGBTQ+ families’ normalization practices in response to experienced and anticipated discrimination. We show that normalization practices are not merely an assimilation to a neoliberal heteronormative family ideal, as criticised in debates on homonormativity, but require arduous efforts within heteronormative societies. Furthermore, normalization practices simultaneously challenge (traditional) family norms, through both overt political struggles and sub-politically within everyday practices.

Domestic Violence among LGBT + People in China: Results from a national court rulings review

Abstract Purpose Domestic violence has been an emerging area of study in recent decades for lesbians, gay men, bisexuals, and transgender people (LGBT +). While some research discussed domestic violence among LGBT + couples in Western countries, very little attention was paid to the patterns of domestic violence in the Chinese context. Against this backdrop, this study sought to elucidate the prevalence and distinctive features of family violence against LGBT + individuals that have been recorded by court rulings, as well as to scrutinize the responses of the judicial system towards these cases of violence. Methods This study utilized a qualitative research approach, relying on court rulings as the primary data source. Specifically, data were collected from the official website that publishes judgments from courts at all levels of China. Content analysis and discourse analysis were employed as analytical techniques to uncover the underlying patterns of family violence among LGBT + people and examine the responses of the judicial system concerning the protection of LGBT + individuals. Results Through an analysis of the court rulings, the findings reveal a total of fifty-three cases of family violence involving LGBT + individuals. These cases constitute approximately ten percent of all criminal cases concerning the LGBT + population. Among these cases, forty cases involve violence perpetrated by LGBT + intimate partners. The violence can be further classified into distinct categories, including break-up violence, sexual violence, and violence occurring in daily life. The consequences of such violence typically result in fatalities or physical injuries. Another form of violence examined in the study is observed within legal partnerships, such as between a heterosexual husband and his lesbian wife. This type of violence also tends to lead to severe outcomes, including deaths or bodily harm to the victim. Furthermore, one noteworthy case of family violence discussed in the research involves a parent–child relationship. Conclusions This study uncovers multiple sources of violence experienced by LGBT + individuals within the context of domestic relationships in China. While LGBT + individuals can employ criminal law to protect their rights as citizens, the legal recognition of same-sex relationships remains rare. Yet, this legal recognition could change the situation in same-sex families troubled by family violence.

Violence in Queer Families: Symbolic Recognition of Same-Sex Relationships in Russian Law

Abstract Purpose This paper deals with criminal court cases of intimate partner violence in queer families (IPV) in Russia. It aims to uncover ways for these families to be recognized in law, even if only for the purposes of deciding cases of violence among LGBT + partners. Methods The study deploys methods of discourse analysis to uncover powers which produce the texts of court rulings. The article is based on close examination of nine cases of IPV occurred in various places across Russia. Eight cases concern bisexual and lesbian women; one case is about men in a same-sex partnership. Results The analysis suggests that only the most severe cases of IPV reach criminal courts in Russia (murder, manslaughter, and serious injuries). As courts deal with violence among intimate same-sex partners, they have to discuss LGBT + identities, queer sexualities, and same-sex families more broadly, as well as such forms of violence which are not criminalized but build up to the ultimate violent act (psychological and financial violence, battery). Conclusions Regardless of reluctance to recognize queer families in family law, same-sex relationships are already recognized in the legal discourse with the help of various categories for the purposes of processing criminal cases. However, this recognition casts queer families as subordinate and pathological, especially through the widespread invocation of traditional values rhetoric.

Violation of the Right to Private and Family Life in Case of Lack of Official Recognition of Same-sex Relationships

The present study focuses on presenting the positive obligations of the signatory states of the European Convention on Human Rights, under Art. 8 of the Convention, to provide a legal framework enabling same-sex couples to enjoy adequate legal protection of their relationship. In order to achieve the proposed research objective, we considered the most recent cases before the European Court of Human Rights, namely the case of Buhuceanu et al. against Romania, respectively the case of Fedotova against Russia.

Disparities in Subjective Well-being by Sexual Orientation: Comparing Cohorts from pairfam’s (2008-09) and FReDA’s (2021) Baseline Waves

Significant expansion of legal rights and recognition of sexual minority populations triggered expectations that structural stigma, sexual minority stress and, consequently, previously well-documented disadvantages in health and well-being may decline over time. The empirical evidence on this issue is, however, still sparse and inconclusive. We contribute to this research by comparing baseline data from the German Family Panel (pairfam; 2008-09) and the German Family Demography Panel Study (FReDA; 2021). These data allow us to assess disparities in subjective well-being by sexual orientation and potential changes therein after legalisation of same-sex marriage in Germany in two adult cohorts interviewed more than a decade apart. We focus on two specific outcomes, namely life satisfaction and self-rated health. Two main findings emerged from our analysis: First, minority sexual orientation is associated with significantly lower subjective well-being, specifically lower life satisfaction. Second, there are no statistically significant changes in the sexual orientation-health nexus between cohorts. Our study, thus, neither lends support to “optimistic” expectations regarding the contribution of (further) reductions in institutional discrimination and structural stigma to (further) reductions in remaining disadvantages, nor does it lend support to “pessimistic” expectations suggesting that younger cohorts of sexual minority adults may experience an even larger gap in health and well-being than previous cohorts. We propose that the stability of sexual minorities’ disadvantages in subjective well-being during the first two decades of the 21st century in Germany be interpreted as the result of two opposing forces working in parallel: Reduced institutional discrimination and increased exposure to continued stigma. The legal recognition of same-sex relationships appears to be a necessary but not sufficient condition for the acceptance of sexual minorities. Remaining disparities by sexual orientation will thus not simply disappear when institutional discrimination of sexual minorities is eliminated. Currently, we may therefore find ourselves in a “transitory period” whose further evolution is difficult to predict. FReDA – with its evolving longitudinal dimension and the inclusion of self-reported measures of respondents’ sexual orientation – will constitute a powerful resource for future investigations of inequalities in yet understudied but increasingly visible sexual minority populations. * This article belongs to a special issue on “Family Research and Demographic Analysis – New Insights from the German Family Demography Panel Study (FReDA)”.

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.

Sexual orientation, political trust, and same-sex relationship recognition policies: evidence from Europe

Sexual orientation, political trust, and same-sex relationship recognition policies: evidence from Europe

The application of the voluntary guardianship regime to same-sex relationships in China

Abstract In China, the establishment of the voluntary guardianship regime in the General Rules of the Civil Law produced an interesting situation where same-sex partners may apply this regime to determine and protect their rights and obligations. This article describes and analyses the recent practices in this regard, drawing on several cases where same-sex partners concluded voluntary guardianship agreements to arrange matters after a ward loses or partially loses civil capacity. This application allows homosexuals freely to appoint their homosexual partner as their guardian, which compensates to some extent for the lack of clear statutory provisions regarding the legal recognition of same-sex relationships in current Chinese law. Nevertheless, there exist several practical problems within the process of applying the legal rules of voluntary guardianship. In addition, owing to the distinct mismatch between the legislative purpose of the voluntary guardianship system and the core essentials of same-sex relationships, the application of voluntary guardianship to same-sex relationships fails to touch on the crucial legal issues of same-sex relationships, for example, financial relations issues and children issues. In view of these, several proposals about both what needs to be done to make voluntary guardianship work better for same-sex couples at this stage and further legislative reform of the formalized regime for same-sex couples in the future are offered.

Sexual Orientation and the right to marry: a case study of ECtHR Oliari and others v. Italy

Same-sex marriage is one of the important issues that have not yet reached full European consensus among EU member states. In particular, in relation to same-sex marriage, ‘The Margin of Appreciation Doctrine’ applied by the European Court of Human Rights has a very important meaning in analyzing same-sex marriage cases. The European Court of Human Rights held that the ‘European Consensus’ or ‘Consensus Argument’ is particularly important when issues in question are morally or ethically sensitive or complex and relate to the choice of social strategy. Specifically, the Oliari case is considered as leading case that has paved the way for full legal recognition of same-sex relationships in Europe. Furthermore, it is the first case to regard legal recognition and protection for same-sex couples as a Positive State Obligation . The fact that the European Court of Human Rights did not respond to the claim of violation of Article 14 (the principle of non-discrimination) in conjunction with Article 8 of the European Convention on Human Rights has naturally been criticized. Nevertheless, it should be emphasized that the Principle of Proportionality played an important role in the reasoning process of the Oliari decision. In addition, there are good lessons that Korea can learn from the Oliari decision particularly in the relation to Positive State Obligation to recognize same-sex relations as well as making progressive interpretation to sufficiently protect the rights of sexual minorities.

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.

Sex and Gender Diversity in Southeast Asia

The United Nations human rights system has recognized rights of lesbian, gay, bisexual, transgender and intersex individuals (LGBTI), with key decisions in 2011 and 2016. To what extent are the rights of these groupings respected in Southeast Asia? The visibility of LGBTI is low in Southeast Asia and government attitudes vary. Criminal laws, both secular and Sharia, in some jurisdictions, have prohibitions, but active enforcement is rare. Discrimination in employment is prohibited by law in Thailand and in local laws in the Philippines. Change of legal ‘sex’ for transgender individuals is sometimes possible. Legal recognition of same-sex relationships has been proposed in Thailand and the Philippines, but not yet enacted. Marriage has been opened to same-sex couples in neighboring Taiwan. Laws on adoption and surrogacy generally exclude same-sex couples. So-called ‘normalizing surgery’ on intersex babies needs to be deferred to the child’s maturity, to protect their health and rights.

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.

Nieuznawanie w Polsce zawartych za granicą związków jednopłciowych – aspekty prawne z perspektywy swobody przepływu osób

Nieuznawanie w Polsce zawartych za granicą związków jednopłciowych – aspekty prawne z perspektywy swobody przepływu osób

Preference about Laws for the Legal Recognition of Same-Sex Relationships in Taiwanese People Before and After Same-Sex Marriage Referenda: A Facebook Survey Study.

This study examined the factors related to the preference about laws to legalize same-sex relationships in participants of the first wave of a survey (Wave 1, 23 months before the same-sex marriage referendum) and the second wave of a survey (Wave 2, 1 week after the same-sex marriage referendum) in Taiwan. The data of 3286 participants in Wave 1 and 1370 participants in Wave 2 recruited through a Facebook advertisement were analyzed. Each participant completed an online questionnaire assessing their attitude toward the legal recognition of same-sex relationships, preference about laws to legalize same-sex relationships (establishing same-sex couple laws outside the Civil Code vs. changing the Civil Code to include same-sex marriage laws), belief in the importance of legalizing same-sex relationships, and perceived social attitudes toward the legal recognition of same-sex relationships. The results revealed that those who did not support legalizing same-sex relationships were more likely to prefer establishing same-sex couple laws outside the Civil Code than those who supported the legalization. The form of law preferred to legalize same-sex relationships significantly changed between Wave 1 and Wave 2. Multiple factors, including gender, age, sexual orientation, belief in the importance of legalizing same-sex relationships to human rights and the social status of sexual minorities, and perceived peers’ and families’ attitudes toward the legal recognition of same-sex relationships, were significantly associated with the preference of laws, although these associations varied among heterosexual and non-heterosexual participants and at various stages of the survey.

Do laws shape attitudes? Evidence from same-sex relationship recognition policies in Europe

Understanding whether laws shape or simply reflect citizens’ attitudes is important but empirically difficult. We provide new evidence on this question by studying the relation between legal same-sex relationship recognition policies (SSRRPs) and attitudes toward sexual minorities in Europe. Using data from the European Social Surveys covering 2002–2016 and exploiting variation in the timing of SSRRPs across countries, we show that legal relationship recognition is associated with statistically significant improvements in attitudes toward sexual minorities. These effects are widespread across demographic groups but are consistently larger for more conservative groups in countries with less gender equality. Our results suggest that laws can exert a powerful influence in shaping societal attitudes.

The Parentage Disruption: A Comparative Approach

AbstractThe bionormative and heteronormative models of parentage has been challenged by multiple factors: a cultural shift, which has led to the decline of marriage and the development of cohabitation, a technological evolution, which has made it possible to develop new reproductive technologies, and a legal change that has led to the recognition of same-sex relationships. However, the extent of this development has not yet been fully assessed. Rather than simply adapting the rules designed according to an outdated model, it would be better to break with it permanently. This article proposes to build a new system based on intent and care, on the basis of case law and doctrinal proposals from several countries. Drawing from the best interests of the child standard, it operates a distinction between the status of parent and progenitor: whatever the circumstances of the birth (natural procreation, adoption, assisted reproduction technology, or surrogacy) and the nature of the parents' relationship (same-sex or heterosexual, married or unmarried, engaged in a romantic relationship or not), parentage would be based on a formal statement and the question of genetics limited to the determination of identity and the right to know one's origins.

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.

Homophobia and Homonationalism: LGBTQ Law Reform in Canada

This article explores the tensions and contradictions between the recognition of same-sex relationships and the development of legal prohibitions against discrimination on the one hand versus the ongoing symbolic and actual criminal regulation of gay sex on the other hand. I describe these tensions as they have unfolded over the last 40 years through the most recent attempts by the Liberal government of Justin Trudeau, elected in 2015, to reform the criminal law, to expunge the record of past criminal convictions for same-sex behavior, and to apologize and compensate lesbian, gay, bisexual, transgender, queer (LGBTQ) communities for past discrimination. I argue that this bifurcated pattern of public policy change and legal reform demonstrates the persistence of political homophobia alongside of homonationalist celebration of queer normativity. By considering the federal government’s long-standing failure to reform criminal laws that encapsulate formal-legal inequality of LGBTQ people, the article highlights the persistence of homophobic public policy alongside homonationalist policy discourse and genuine progress in the legal recognition of queer rights. I conclude by considering the implications of this mix for theorizing homophobia and homonationalism in law and policy.

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.