Same-sex Unions Research Articles

The role of administrative courts in ensuring legal security for marriage and family: comments in the context of article 18 of the Constitution of the Republic of Poland

The article is devoted to the role of administrative courts in ensuring the legal security of an individual in the area of family law. The aim of the analysis is to demonstrate the guarantee of the preservation by the Polish constitutional legislator of the traditional form of marriage as a union of a woman and a man and the family created on this basis (Article 18 of the Constitution of the Republic of Poland). The article discusses the essence of legal security and the role of administrative courts in ensuring it, as well as the guarantee nature of the regulations of Article 18 of the Constitution of the Republic of Poland. Against this outlined background, the thesis on the inadmissibility of institutionalization of same-sex unions is argued. Problems resulting from the judicial practice of administrative courts related to the transcription of a child's birth certificate are also discussed. The scientific research was conducted by using traditional methods of jurisprudence, primarily the formal-dogmatic method. The linguistic, systemic and teleological interpretation of Article 18 of the Constitution of the Republic of Poland was applied. The directions of operational interpretation resulting from the case law of administrative courts were discussed. The views found in the literature on the subject (doctrinal interpretation) were taken into account, too. According to the author, the perspective of legal security strengthens the arguments stemming from the linguistic and historical interpretation of Article 18 of the Constitution and allows for a better justification of the inadmissibility of institutionalizing same-sex unions by means of a statute. Such a procedure seems particularly useful in the face of the growing tendencies in the law of other countries to eliminate the traditional form of marriage as a union of a woman and a man.

Relying on Human Rights Treaties to establish access to Same-sex registered Partnerships and Marriage – Confronting the Question of Cultural Sensitivities

This piece sets out to compare the stance of the Inter-American Court of Human Rights (IACtHR) under the American Convention on Human Rights (ACHR) with that of the European Court of Human Rights (ECtHR) (known as Strasbourg Court) adjudicating on the European Convention on Human Rights (ECHR) in relation to family rights of same-sex couples. Specifically, it looks at the stances taken by the two Courts towards same-sex relationship formalisations – registered partnerships and marriage – exploring their responses to the stances taken in the states within their jurisdiction towards such formalisations. This article confronts and compares the stances taken by the two Courts, and their underlying bases, when they encounter the varying stances on this controversial issue taken in the states in question, relating to cultural predilections. The article concludes that reliance on finding a consensus among the contracting states in this context has had a detrimental impact on the Strasbourg jurisprudence in terms of upholding the principle of non-discrimination, an impact that can be traced to discriminatory stances taken in a number of the ECHR-contracting states towards same-sex unions. It finds in contrast that the Inter-American Court of Human Rights has not accepted that finding such a consensus should affect its decisions in this context, and therefore it has not allowed cultural acceptance of homophobia to affect its stance. Keywords: ACHR; ECHR; ECtHR; IACtHR; Same-sex marriage; Strasbourg Court

Timing of a First Romantic Union Among Sexual Minority Young Adults

Cohabitation and marriage are critical milestones during the transition to adulthood; however, there is limited research on the timing of young adults’ first same-sex unions. There is some evidence that same-sex unions may be delayed, particularly for men. Further, formation of both same- and different-sex dating relationships, common among sexual minority young adults, may also extend to cohabitation and marriage. We used the National Longitudinal Study of Adolescent to Adult Health to predict the timing of a first romantic union, defined as a cohabitation or marriage, among sexual minority young adults. We then distinguished between women and men and the timing of a different-sex versus a same-sex union. Compared with heterosexual young adults, lesbian and gay young adults entered a union at later ages (driven by men), whereas bisexual young adults entered a union at younger ages (driven by women). Lesbian and gay young adults who entered a first union with a same-sex partner did so at later ages than those who entered a first union with a different-sex partner. Results suggest that patterns of sexual minority dating relationship formation might extend to unions.

Marriage Equality Around the World: A Myth or Reality

Abstract: First comes love, then comes marriage, then comes the baby in the carriage." This children's riddle shows that the right to marry and start a family is granted to many, but not to all. The prominent Call for legalizing same-sex marriage is growing around the world, but whether and to what extent that acceptance will lead to amplified social acceptance of lesbian, gay, bisexual, and transgender (LGBT) people. As the relationship of lesbian and gay couples has been considered taboo for centuries. The legalization of same-sex unions, or marriage equality, has been a persistent global concern. The rights of the LGBT+ community have seen a considerable shift in recent years, with the legalization of same-sex marriages in many nations. By 2023, 34 nations have allowed same-sex Marriage; the Netherlands was the first to do so in 2001. Only one nation in Asia (Taiwan) and one nation in Africa (South Africa) permit same-sex unions, with the majority of these nations being in Europe and the Americas. The LGBT+ community still experiences prejudice and persecution in many nations where same-sex marriage is illegal. Even the death penalty is used as punishment for homosexuality in some nations. Despite this, the initiative for marriage equality is still flourishing, with more and more nations recognizing same-sex couples' legal rights to marry and getting the same protections and advantages as opposite-sex couples.

Legal union of a same-sex couple in the Slovak Republic and the scope of recognition of such unions validly established abroad

The paper focuses on the issue of legal regulation of unions of same-sex couples under the conditions of the Slovak legal order. The author notes that within the Slovak Republic there is no equivalent of the institution of marriage for cohabiting persons of the same sex. It is further specified on the issues of recognition of marriages of same-sex couples, respectively registered partnerships established abroad. The aim of the contribution is to summarize and stimulate a wider discussion on the issues addressed and to point out the fact that human rights must be guaranteed in a state of law, while their guarantee can be interpreted as a security granted to all and the rejection of discrimination. The lack of legal recognition for same-sex unions not only presents social challenges but also practical hindrances in daily affairs such as healthcare, taxation, and social security benefits, which can often be predicated on marital status. It is crucial to consider the implications of such legal gaps on the well-being of individuals who are part of same-sex couples, as well as their children. The evolving social fabric and changing attitudes towards same-sex relationships necessitate a reassessment of existing legal frameworks to ensure inclusivity and equality under the law. The continued efforts and discussions within the Slovak Republic highlight a growing awareness and potential for legislative change that aligns with the European consensus on human rights. Moreover, the exploration of legal avenues for recognition of same-sex unions must consider the dynamic nature of family structures in the contemporary context, where diversity in family units is becoming increasingly normative.

Rozwój cywilnego paktu solidarności w prawie francuskim na tle innych państw europejskich

The concept of a relationship between two people has begun to change over the years in French legislation. In the 1990s, more and more European countries responded with appropriate regulations to the demands of same-sex couples who wanted to enter into formal and legally accepted unions. At that time, French legislation indicated that both the concept of marriage and family were reserved for heterosexual couples. However, the need to legalize same-sex unions was noted, and the creation of the civil solidarity pact (Pacte civil de solidarité, PACS) in 1999 was a response to social needs. It allowed the persons who entered into it to inherit from each other and to be jointly responsible for their debts. The introduction of the civil solidarity pact has also raised the question of what a relationship between two people is: a contract or a form of institution.

Visualizing Concentrations of Couples and Same-Sex Couples across U.S. Counties

The 2020 decennial census provides a unique opportunity to directly count same-sex couples using a revised household roster, and its recently released Demographic and Housing Characteristics File offers county-level data on the concentration of same-sex couples. As county-level data can unveil more nuanced geographic patterns than state-level data, the authors examine within-state variation using two maps of county-level quartiles to compare the percentages of individuals in unions among the population and same-sex unions among all unions. The findings reveal that concentrations of same-sex couples are not necessarily driven by the percentages of individuals in unions. These patterns suggest that the social location of same-sex couples is not determined solely by the area’s couple configuration but by other factors. To help illuminate these factors, future research should explore whether the counties with high shares of couples but low shares of same-sex couples are also areas where inclusivity tends to be lagging.

ART. 18. OF THE CONSTITUTION WITH REGARD TO THE POSSIBILITY OF INTRODUCING THE INSTITUTION OF SAME-SEX MARRIAGE IN POLAND

The paper discusses the legal possibility of institutionalizing same-sex marriages in Poland and the support for such a solution among the public on the basis of surveys conducted by IPSOS, Eurobarometer, and the “Love Does Not Exclude” Association. The purpose of the article was to verify the hypothesis that the Polish Constitution, more specifically, Article 18. does not define the concept of marriage and gives the legislature the opportunity to institutionalize same-sex marriages without the need to change the highest legal act in Poland. The opinions of constitutionalists Prof. Ewa Łętowska, Prof. Jan Woleński and Prof. Andrzej Mączyński are cited. The article cites the jurisprudence of the European Court of Human Rights and the claim of the Helsinki Foundation for Human Rights, which indicate the need to regulate the status of non-heteronormative couples, since the current legal state in Poland is contrary to international law. Based on the analysis, it was proved that Article 18 of the Constitution does not prohibit the introduction of same-sex marriages, and the opinions of supporters of the hypothesis that Article 18 defines marriage as the union of a man and a woman are not supported by the facts in the legal state in Poland. It is possible to introduce same-sex marriage through amendments to the law, not the Constitution. Studies show that same-sex unions are no different from heteronormative unions, so institutionalizing the law would end discrimination against some 2 million non-heteronormative people and provide them with legal security.

"Romanian Ngos’ Efforts to Advocate on Behalf of Marginalized Groups and Prevent Social Turbulence"

While Romania has undergone huge progress during the last 30 years, the situation of marginalized groups hasn’t progressed as well as the country’s rapid economic development. The plight of vulnerable groups such as unhoused people, persons with disabilities, and the LGBTQ community continues to be a source of social turbulence, as they are consistently facing exclusion. Authorities do not prioritize their integration within society and there is a lack of policies to deal with these issues, leading to the appearance of extremely polarizing movements such as the 2018 referendum initiative to ban same-sex unions. This paper aims to analyze three case studies where advocacy organizations championed the cause of the above-mentioned groups, in order to increase visibility, representation, and integration, and pinpoint best practices for organizations advocating on behalf of disadvantaged groups. The three main best practices we have learned regarding advocacy projects targeting public policy for marginalized groups are: a. always put a local group at the center of the project, b. bring outside partners or mentors who can bring advocacy skills to the project, c. look for other, supplemental, positive outcomes, that usually tend to come up in the work with marginalized groups.

동성결합에 대한 유럽인권재판소의 페도토바 대 러시아 판결

On January 17, 2023, the Grand Chamber of the European Court of Human Rights ruled in Fedotova v. Russia that Russia’s failure to provide legal recognition to parties in same-sex unions violated Article 8 (Right to respect for private and family life) of the European Convention on Human Rights. This article aims to introduce the above judgment.
 In 2015, the decision of Oliari v. Italy by the European Court of Human Rights opined that Article 12 of the European Convention on Human Rights (Right to marry) did not guarantee the right to marry for same-sex couples. However, it declared that Italy bore the positive obligation to provide the legal institution for the protection of the same-sex couple based on the Article 8 of the European Convention on Human Rights (Right to respect for private and family life).
 The Fedotova decision reached the same result against Russia. While the Oliari judgment was based on internal Italian circumstances, the Fedotova decision is significant because it applies not only to Italy and Russia, but to all countries that are party to the European Convention on Human Rights.
 The Fedotova decision was based on the positive obligation of the state to respect the Convention Right. Whether such a positive obligation can be recognized in Korea requires further discussion.

The Meaning of ‘Marriage’: A Christian Perspective in a Zambian Context

This article focuses on the institution of marriage. It seeks to clarify the meaning of same-sex union from a Christian point of view and tries to tease out how this may be located within the conception of the institution of marriage. It is an attempt at redressing what seems to be a growing misuse of the term "marriage" in so far as it is applied outside the context of heterosexual union, a situation that, in the authors’ view, if left unchecked, may lead to the loss of the meaning of the term. Against this backdrop have been some contentious maneuvers by some sections of society in Zambia to push for the legalisation of same-sex marriages, which has bred divergent views among Zambians. The rationale behind the study, therefore, was to provide a critical difference between the union of the same sex and that of the opposite sex. Methodologically, the study was a desk review that sought reliance on secondary data to analyse and bring to light what marriage means in line with Christian teaching. It is apparent from the analysis of the paper that the general feeling of the majority Zambians is that the fact that other countries have legalised same-sex unions should not sway Zambia as a nation, as she has her own ground to position her stance on the matter, with the church as her pillar.

Values in Social Work and Professional Relationship Towards Users

The paper presents the results of comparative empirical research conducted among social work students (N=146), who were grouped into two subsamples: students from the Australian College of Applied Psychology, Sydney and Melbourne (N= 71), and students from Bosnia and Herzegovina (BiH) from the Universities of Banja Luka, Tuzla and Sarajevo (N=75). The subject of the research was the values in social work that determine the professional attitude and ways of intervening towards the users of the social protection system, among social work students in two different educational, cultural, and social-political environments (Australia and Bosnia and Herzegovina). The goal of the research was to determine whether there are differences in the attitudes and opinions of students about the values of social work, professional attitudes, and actions towards users of the social protection system, about the country of study and residence. The research was carried out using the research method (survey technique), for the needs of which a specially prepared instrument - Questionnaire (ORiSR/April 2020) was created, which examined students' attitudes about the professional relationship and measures of treatment towards users of social work services. The obtained results confirmed the assumed hypothesis that there are significant differences in students' attitudes regarding the place of study, that is, the different cultural and social circumstances in which future social workers are educated. Differences were observed in the evaluation of individual measures and forms of protection for users of social work services. Students from Bosnia and Herzegovina believe that adoption and foster care are preferable forms of protection for children without parental care, while the majority of students from Australia think that the adoption of children in same-sex unions should be allowed. Also, the obtained results showed that, even though the views of students from Australia and Bosnia and Herzegovina differ on some values of social work, essential differences were not observed in the values related to satisfying the primary interest of the user, subordinating personal principles to the values of social work and social activism of social work in the community.

Policy Effects on Mixed-Citizenship, Same-Sex Unions: A Triple-Difference Analysis

Abstract After the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA) in 2013, same-sex partners of U.S. citizens became eligible for spousal visas. Since then, the United States has seen a rapid rise in same-sex, mixed-citizenship couples. However, this effect varies greatly depending on the lesbian, gay, and bisexual (LGB) policy context of the noncitizen’s country of origin. Using waves 2008–2019 of the American Community Survey, this study employs a triple-difference design to examine how the policy environment of the origin country moderates the effect of the end of DOMA on incidence of mixed-citizenship, same-sex couples in the United States. Quasi-Poisson models with two-way fixed effects show that, after 2013, individuals in mixed-citizenship, same-sex couples coming from countries with progressive LGB policies saw a more than 60% increase in incidence relative to those in different-sex or same-citizenship couples. Meanwhile, those from countries with regressive laws experienced no significant increase. These results are corroborated by analyses of individual policies. We argue that the country-of-origin policy context affects and is affected by local norms and attitudes as well as individuals’ material circumstances. This nexus of factors leaves a lasting impact on immigrants that shapes migration decisions, union formation, and responses to policy shifts.

Jigsaw Migration: How Mixed Citizenship LGBTQ Families (Re)Assemble Their Fragmented Citizenship

Mixed-citizenship families often cannot migrate immediately to their desired destinations due to sponsor income requirements, immigration quotas, and restrictive migrant labor policies. LGBTQ mixed-citizenship families are additionally constrained by policies governing their same-sex family rights. What strategies do they mobilize to build or maintain families under these constraints? To answer this question, I study lesbian, bisexual, and queer (LBQ) women in mixed citizenship relationships in South Korea, which does not recognize same-sex unions, but nonetheless serves as an alternative destination for LBQ migrants with educational credentials, English language skills, or experience in tech or travel industries. Drawing on 58 semi-structured interviews with LBQ mixed-citizenship couples, I show how socioeconomic inequalities within the Global North push some LBQ people abroad and how sexuality-based inequality shapes their capacity to sponsor family members’ migration to their new destinations. I develop the concept of “jigsaw migration” to explain the multi-sited strategies that some migrants deploy to overcome these constraints, building on the flexible citizenship, multinational migration, and forum shopping literatures. I also discuss internal differences and inequalities among respondents based on national origin. This article contributes to queer migration literature by highlighting the importance of intersectionality; to multinational migration literature by demonstrating the important role that sexuality plays in multistage and multi-sited migration; and to Korean Studies by queering scholarship on migrant hierarchies in Korea.

Fedotova and Others v. Russia: Dawn of a new era for European LGBTQ families?

The judgment of the Grand Chamber in the case of Fedotova and Others v. Russia has recognized the right to legalized same-sex unions under the Convention, thereby significantly impacting LGBTQ rights throughout Europe. However, this decision also presents intricate challenges concerning the Court's legitimacy, and resilience amidst the prevailing culture wars on LGBTQ rights. Following an introduction to the factual background of the case, the note proceeds to analyse the Court's judgment. Section 4 critically evaluates the judgment and examines its extensive implications on geopolitical affairs and the ongoing culture wars. Finally, section 5 provides a concluding statement.

Evropski sud za ljudska prava, član 8. Evropske konvencije o ljudskim pravima i priznanje istopolnih brakova sklopljenih u inostranstvu

The requirements put before the courts by sources that regulate human rights significantly affect functioning of the mechanism of Private International Law. This statement particularly applies to situations in which it is necessary to give effect to the change of personal and family status acquired abroad. The paper refers to the problem of recognition of same-sex marriages concluded abroad. It analyzes the most important decisions of the European Court of Human Rights regarding the obligation of the member states of the Council of Europe to provide legal protection and recognition to same-sex unions, in accordance with Article 8 of the European Convention on Human Rights (protection of private and family life). The analysis shows that today it is undoubtedly clear that these states have a positive obligation to establish an adequate legal framework that would allow partners in a same-sex union to enjoy certain subjective rights. The obligation in question also extends to same-sex marriages concluded abroad and, when it comes to Serbia, requires immediate legislative intervention.

Legal scholars and the affirmation of “new rights” in the post-1988 Brazil: the case of same-sex unions

Resumo Sentenças judiciais se fundamentam na legislação em vigor e nas decisões judiciais anteriores, a jurisprudência. Sobretudo quando a decisão diz respeito a temas controversos, as sentenças também se apoiam em arrazoados produzidos por especialistas do direito que, quando recorrentemente adotados, passam a ser reconhecidos como doutrina jurídica. Considerando seu papel fundamental para definir o direito, uma importante literatura tem examinado os processos pelos quais doutrinas jurídicas são produzidas. Este artigo oferece uma contribuição para esses estudos por meio da análise das características socioprofissionais de especialistas cujos arrazoados foram mobilizados para fundamentar os votos de ministros do Supremo Tribunal Federal quando reconheceram, em 2011, o direito de pessoas de mesmo sexo à união civil. O estudo mostra que os percursos socioprofissionais dos especialistas citados por ministros, assim como as redes das quais fizeram parte e seus engajamentos políticos, são elementos importantes para explicar o sucesso de suas ideias. Além disso, utilizaram habilmente capitais que ganharam importância com a diversificação do campo jurídico brasileiro e aproveitaram oportunidades decorrentes das mudanças institucionais no STF, além de novas concepções sobre o que é o direito na democracia pós-1988.

Политический процесс в современной Франции: общество и власть

In modern France, power and society are developing in different directions. President E. Macron has built a rigid “vertical of power”, which was further strengthened under the conditions of the COVID-19 pandemic. Power in France has exceptional autonomy and an ability to make and implement decisions that do not have public support. The president can implement reforms by decree, and the prime minister – relying on the Article 49.3 of the Constitution, which allows laws to be passed without a vote in parliament. Society, in turn, has become more demanding in the field of obtaining individual rights and expanding political rights. While power was growing more and more “vertical”, society developed in the opposite direction. The individual rights of citizens have expanded (legalization of same-sex unions and sex change); French citizens have become more demanding of representative institutions and politicians. It is customary to consider French society depoliticized. In reality, modern French people, even if they don’t go to the polls and don’t trust political parties, are interested in politics. The mood of “critical citizenship” has become widespread in society, an increasing number of citizens would like to participate in political decision-making, and the ideas of direct democracy are very popular. The multidirectional development of society and power inevitably gives rise to a systemic socio-political conflict. The protests against raising the retirement age from 62 to 64 that unfolded in France in 2023 were a continuation of the protest movements of past years. Three scenarios for the development of the political situation in France are formulated: normalization; political crisis and way out of it; renewal of the political regime.

Counting households containing same-sex couples: an inclusive approach.

Though societal acceptance of same-sex unions has grown, resulting in more inclusive government programs and policies and expanded legal protections, analysts remain uncertain about how to identify and enumerate same-sex households. Presently, the counts available of same-sex households in the United States oftentimes disagree. We show that the origins of these conflicting counts can be traced back to definitional and measurement issues in household surveys. In this study, we demonstrate how counts of same-sex households conflict, mislead, and undermine the goal of accurately representing the population of households with same-sex couples. By providing alternative approaches to counting household with same-sex couples we highlight the challenges in enumerating these households. We draw upon three federal household surveys to demonstrate the inconsistencies in the counts of same-sex households and to illustrate our methods. We argue that our proposed methods lead to more comprehensive and credible counts of households containing same-sex couples.

Same-sex Marriage Over 26 Years: Marriage and Divorce Trends in Rural and Urban Norway

The trends in marriage and divorce among male and female same-sex couples in urban and rural Norway were compared to different-sex marriages. Norway legalized same-sex living in 1993 and marriage in 2009. Cohorts from 1993 to 2018 were included. The 2009 gender-neutral marriage law appears to have had minimal impact on the rate of same-sex unions and divorces. Moreover, divorce risks are highest in female same-sex marriages, whereas male same-sex marriages have the same divorce risk levels as different-sex marriages. The divorce risk is declining for same-sex marriages in urban areas, while the opposite is observed in rural areas.