Same-sex Unions Research Articles

Prilog raspravi o društvenom priznavanju brakolikih i porodicolikih društvenih pojava

The paper elaborates on the relation between marriage and the family, on one hand, and marriage-like and family-like homosexual unions such as so-called homosexual marriage and same-sex union (or same-sex life partnership). With a brief theoretical introduction and a comparative overview of the manner in which this matter is regulated in other countries, certain solutions are analyzed from the Proposal Draft Law on Same-Sex Unions of Serbia (2021). It is indicated that it is no longer possible to equalize marriage and the family with the same-sex union because the content of these concepts is substantially different. The society is interested in protecting marriage and the family and to take special care of them since they perform extremely important social functions, whereas without some of them the survival of the society itself would be brought to question (the reproduction function). On the other hand, homosexual marriage and/or same-sex unions do not perform any social function, but are formed exclusively for the purpose of relatively longer-standing satisfaction of sexual needs of same-sex partners. Since the society and the state do not protect marriage only because sexuality is regulated within it, but because it legitimizes sexual relationships aimed at having children, in the event of homosexual marriage-like unions it should also be proceeded in an identical manner: solely those rights and obligations of partners deriving from a relatively longer-standing homosexual partnership should be legally regulated. Moreover, having in mind the principle that every man's right is limited by other people's rights, it is impermissible to give priority to the protection of the rights of same-sex partners for the purpose of longer-standing homosexual relationships over the protection of children's rights. Children need both a father and a mother (an ideal condition), and the family in which they will be socialized. In line with those homosexual marriage-like unions, neither adoption nor assisted insemination can be allowed.

Uticaj sudske prakse na zakonsku regulativu u oblasti prava LGBT zajednice

In the light of the announced adoption of the Law on Same-Sex Unions, the question arises whether the draft law is in accordance with the Constitution, especially after the announcements that the law will not be signed. Although the Constitution specifies that marriage is a union of a man and a woman, experts point out that in this case it is not a law on marriage and family, nor does it provide for the possibility of adoption of children by same-sex couples, but that it regulates property, health, pension and other legal relationships of same-sex partners living in the union. At the same time, many public figures have invited traditional religious communities to react in order to defend the "right to freedom and future of the people", emphasizing that contentious issues related to the regulation of mutual rights and obligations of same-sex couples could be resolved by amending the existing laws in those areas. In the countries where similar laws exist, case law has played a significant role, just as various medical and psychological associations. The European case law is not uniform, and cases often end before the European Court of Human Rights, while in the United States at the federal level, all anti-homosexual laws are repealed by a Supreme Court decision (Lawrence v. Texas, 539 U.S. 558 [2003]). Nevertheless, there is no single law in this area and the rights of same-sex couples vary from country to country. The paper will provide an overview of significant court decisions in this area in European countries, as well as the decisions of the US Supreme Court, which may lead us to think about the possible legal consequences of (non)adoption of the disputed Law on Same-Sex Unions, about procedures that could be initiated if partners decided to request judicial protection for the purpose of recognizing their guaranteed human rights, as well as the content and significance of such court judgments.

Marriage and Partnership in Serbian Family Law

In this paper the author analyses the family law consequences of family law unions in Serbia. Two types of family law unions are regulated: marriage and heterosexual non-marital cohabitation. Same-sex union is not regulated at present, but the draft law is under preparation. The author analyses consequences of: personal relations, property relations, nuptial contract, family home, maintenance and exercise of parental rights.

Familienrecht Russlands: Triumph der „traditionellen Werte“

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

Admissibility of Institutionalizing Same-Sex Unions in Poland. Selected Problems

Admissibility of Institutionalizing Same-Sex Unions in Poland. Selected Problems

LIFE ISSUES MATTER: CATHOLIC CHURCH AND THE DISPUTE ON THE PRIMARY MORALITY POLICY IN POLAND

In recent decades regulation of issues like abortion, euthanasia, same-sex unions, etc, has become in Poland an area of highly emotional political conflicts, deeply dividing democratic society. At the same time, despite significant internal tensions, against the background of most other European countries Poland is an example of a country consistently upholding human life and family based on monogamous marriage. The main aim of the text is a discussion of the role of the Catholic Church in the dynamics of the discourse on primary morality policy in Poland on the example of the debate over the legalization of euthanasia and the debate over the legalization of in vitro procedures.

An explorative approach to the cross-section of international migration and sexual preference: same-sex couples in Germany

We study the intersection of international migration and sexual preference from a socio-demographic perspective by looking at same-sex couples among migrants in Germany. Despite increasing ethnic diversity and greater social and legal liberality toward non-normative living arrangements, there are hardly any available quantitative data on this vulnerable group, which crosses two social boundaries. Drawing on the scientific-use file of the German Microcensus (2013), we estimate the prevalence of same-sex couples among female and male migrants, and describe their socio-demographic characteristics. We use different approaches to imputing data to account for the possibility that the reported information on same-sex relationships may be missing or wrong, and consider different definitions of “migrant status”. Our results show that the share of couples who were same-sex was smaller among the immigrant (0.2 to 1.4%) than among the native population (0.6 to 2.0%). Moreover, migrants in a same-sex couple were more similar in terms of other socio-demographic variables (age, education) to natives in a same-sex union than to migrants in an opposite-sex union. This study contributes to the LGBT social science literature by providing the first quantitative description of this minority-in-a minority group in Germany.

The Routledge Research Companion to the History of Evangelicalism. Edited by Andrew Atherstone and David Ceri Jones

This ‘Companion’ is what it says on the cover, a companion. It is not itself a history, and it has little overall picture of an unfolding and growing organic movement. Rather, it identifies some characteristic features of evangelicalism, and traces the story of each of these seriatim. The scope is in theory five centuries of time and the whole globe in space. The upshot brings certain trees into sharp focus without giving very much picture of either the wood or the neighbouring trees. The reader’s interest is directed to these particular concerns—some very general and predictable (as, e.g., ‘Evangelicals and the Bible’), some much less expected (as, e.g., ‘Evangelicals, money and business’). The editors kickstart the enquiry with some difficult mapwork on ‘Evangelicals and evangelicalisms: contested identities’. Tensions exist among evangelicals, classically in relation to ecclesiology and the quest for a tightly confessional church or the readiness to live in a ‘mixed’ fellowship—some of which affect the issue of infant baptism, not mentioned in this enquiry; should the pure scriptural gospel be locked into an exclusive, even sectarian, organization, or can it be risked in an unconfessional context? And when new presenting issues arise (as, e.g., in different centuries the retention of slavery, the ordination of women, or the acceptability of same-sex unions), corresponding new tensions threaten the identity of a supposed single evangelical constituency. If, of course, there is no identity, then there can be no enquiry; but for the moment we go along with the editors’ conviction, or at least working hypothesis, that within the world Christian church there is an evangelical entity which can be identified and reported.

Contact With Gay Men and Lesbian Women Moderates the Negative Relationship Between Religiosity and Endorsement of Same-Sex Unions’ and Families’ Rights

Abstract. This study investigated the moderation effect of contact with gay men and lesbian women on the relationship between religiosity levels with the endorsement of same-sex unions’ and families’ rights. Analyses were carried out on a national representative cross-sectional sample of 5,544 Italian adult residents (% females = 54). Multiple linear regressions coupled with an examination of the interaction between contact and religiosity showed that contact mitigated the negative relationship between religiosity and endorsement of same-sex unions’ and families’ rights, especially at lower rather than higher levels of religiosity. These results are important in terms of understandings of the relationship between religiosity and policy preference regarding same-sex unions’ and families’ rights. Contact can promote equality for gay men and lesbian women but different susceptibility levels persist between highly and less religious individuals in this respect.

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

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

China’s Non-Recognition of Foreign Same-Sex Unions

Abstract Chinese law neither expressly recognises nor prohibits same-sex unions (‘same-sex unions’ in this article refers to homosexual relationships that are legally recognised and protected by law, including marriage, civil union, (un)registered partnership, and so on). Until now, no dispute over foreign same-sex union has been brought in a Chinese court. However, the Department of Consular Affairs of China’s Ministry of Foreign Affairs has adopted a blanket non-recognition rule, alleging that same-sex unions would violate China’s (‘China’ hereinafter refers to the jurisdiction of Mainland China, excluding those of the Hong Kong SAR, the Macao SAR, and Taiwan) family law and the public interest. However, it is argued that foreign same-sex unions should be recognised unless such recognition would violate the public policy of the forum state. First, foreign same-sex unions should be regulated by the Chinese conflict rules, not by Chinese domestic law. Additionally, China is internationally obliged to recognise and protect fundamental human rights (right to marry). Secondly, under China’s conflict rules, a foreign same-sex union should be governed by the lex personalis or the law that has the closest connection with that union. Thirdly, as more than 40 jurisdictions throughout the world have legally recognised same-sex unions, and China itself has decriminalised homosexuality, same-sex unions would not necessarily be incompatible with China’s public policy. Fourthly, non-recognition of same-sex unions would instead cause public policy problems because it practically always favours one party over another, helping foreign same-sex couples to evade their responsibilities imposed by the relevant foreign law.

When Same-Sex Couples Say ‘I Do’: Display Work and the (Re)Production of the Wedding Rite

Weddings are collective rituals that enable couples to show their solemn commitment to an invited audience. In this sense, weddings can thus be viewed as important forms of ‘display work’. While there are clear commonalities between rituals and display work, particularly in terms of their emphasis on spectacle, demonstration and audience, little attention has been given to how display work can inform and indeed transform wedding rituals. We use display work as a lens for exploring how same-sex couples construct and enact their wedding. In particular we show how heteronormative, gendered traditions that underpin the wedding rite are negotiated. Our findings demonstrate the interplay between display work and normative ritual elements. We identify four tactics of ‘reflexive display’: strategic compliance; playful appropriation; annexation; and conspicuous absence. Together, these show how the wedding rite is done, undone or redone, to reflect each couple’s unique relationship and perspective on same-sex union.

Cómo el movimiento LGBT define disputar en derechos de minorías. Enmarcamiento legal mediante difusión relacional

<p><span class="fontstyle0">La literatura de movilización legal se ha apoyado en el concepto de “marco maestro” para comprender la definición de las demandas basadas en derechos de los movimientos sociales. Entrado el siglo xxi, en diferentes latitudes de América Latina, los movimientos LGBT presentaron un manejo discursivo y estrategias basadas en derechos, a pesar de que en sus contextos no se encontraba disponible un marco maestro legal. Mediante el estudio de caso de la movilización por el reconocimiento de las uniones entre parejas del mismo sexo en la Ciudad de México (2000-2006) este artículo tiene como objetivo comprender el proceso de definición de la disputa realizada por el movimiento. La comparación e interacción entre los movimientos LGBT y de mujeres permite sostener que por medio de “difusión relacional” los activistas concretaron un discurso y estrategias legales. Al seleccionar el caso de estudio por muestreo teórico esta investigación contribuye ampliando las categorías de análisis relacionadas con las definiciones legales de los movimientos LGBT latinoamericanos, y en general, es de utilidad para reconsiderar las categorías articuladas al concepto de enmarcamiento legal.</span> <br /><br /></p>

The anticipatory politics of homophobia: explaining constitutional bans on same-sex marriage in post-communist Europe

ABSTRACT As the number of European countries that recognise same-sex unions increases, so does the number of countries that resists this institution. This trend runs counter to the conventional wisdom, which links anti-LGBTI policies to domestic demands and developments. Instead, this paper argues that political homophobia needs to be situated within an international context. Using the Slovak case as a plausibility probe, the article shows that the bans on same-sex marriage were adopted as a precautionary measure: worried by the growing support for LGBTI rights elsewhere in Europe, conservative lawmakers feared that their traditional family values would come under threat.

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.

Last but not least: how Italy finally legalized same-sex unions

ABSTRACTLGBT+ issues and marriage equality have for long been taboo in predominantly Catholic Italy, although since the 2000s they had been the subject of public debate. This might partly explain why in 2016 the country was the last western European state to approve a law legalizing same-sex partnerships, although the literature has also focused on the influence of the Catholic Church on the Italian political system, and on the influence of ʻmorality politicsʼ on Italian public discussion. This paper will take into account this most recent wave of discussion, specifically revolving around the Cirinnà bill approved by the Italian parliament in 2016, seeking to analyse the main phases of the debate, the actors involved, and their choices of frames and arguments. The article aims at understanding the changes taking place – in terms of actors’ behaviour and frames – throughout the different phases of the debate on the Cirinnà bill, as well as in comparison with the previous waves of debate on LGBT+ rights in the 2000s and 2010s. The concluding remarks will argue that final approval of the law was made possible by a mix of different factors, particularly: a change in actors’ perceptions, with wider recognition of LGBT+ rights as human rights, even among opponents of the law; the different modalities of involvement of the Catholic Church, which also implied a change in choice of frames; and the ultimate determination of the Renzi cabinet to pass the law, whose approval had become increasingly crucial for the Government’s image.

Framing and shaming: LGBT activism, feminism and the construction of ‘gestational surrogacy’ in Italy

ABSTRACT This article will discuss the existence of and reasons for a pattern of cross-mobilisation between Italian feminist and LGBT movements in relation to the controversial issue of gestational surrogacy. Gestational surrogacy usually involves a woman who offers to carry out a pregnancy (either on a voluntary basis or through monetary compensation) on behalf of couples (be them heterosexual or homosexual) who are infertile or cannot have children. In Italy gestational surrogacy has acquired prominence in the political debate following the approval of the law same-sex unions in 2016. Immediately within this context important fractures on this issue emerged between and within the feminist and LGBT movements. This article will consider the motivations behind those rifts and map the different proposed solutions to the regulation of gestational surrogacy in Italy.

Surveying Persons in Same-Sex Relationships in a Probabilistic Way – An Example from the Netherlands

AbstractIn the last decade, the call for improved estimates of lesbians, gay men and bisexual (LGB) populations has grown steadily. This is related to the increasing visibility of same-sex unions and the rapidly evolving changes in the legal and normative institutional frameworks regarding same-sex relationships in Western countries. The aim of this article is to present the sampling strategy and discuss the quality of a recently conducted probability-based survey in the Netherlands that targeted mixed-sex and same-sex couples with and without children. The core questions addressed are (1) whether the sampling strategy paid off in terms of identifying same-sex households and (2) whether the collected sample is representative of the target population. While the sampling strategy has success in identifying same-sex households, the question of representativeness remains a challenging task in surveying LGB populations and couples in particular. Especially, aspects related to the sampling strategy, the survey mode and the covered topic of the research are central to understanding observed selection patterns in the examined mixed- and same-sex samples.

A Study on Same-sex Marriage: Focusing on the Interpretation of Current Law

Unlike some countries, Korea is analyzing the possibility of same-sex marriage being included in the marital institution through law interpretation reflecting a concept of marriage that changes based on Korean civil law. By considering the consensus of marriage, the meaning of marriage in civil law was highlighted, the public and public moralities of the marriage were reconsidered, and whether same-sex union could be included was confirmed. Although the customs and institutions of marriage have changed in different cultures and times, the notion that marriage basically means the union of men and women has been maintained. However, modern families are becoming more personalized, equalized, and diversified, so the traditional view of marriage has changed. Since same-sex marriage is a representative discussion of this shift, this paper deals with the modification of the marriage concept as a starting point for discussing same-sex marriage. Marriage has a stable and lasting personality, and is a partnership that establishes a family through childbirth and nurturing. Most modern civil codes, including the Korean Civil Code, presupposed specific marriage concepts at least at the time of enactment, but the transition to a nuclear family society, the increase of dual-earner couples, the increase in divorce rates, the decrease in the marriage rate and fertility rate, the increase in the number of couples without children, the factual marriage or the concept of marriage, which is typical of changes in social reality, including the increase in non-marriage and domestic partnerships, and the expansion of adoptive families, have also been extended. The discussion of same-sex marriage is a controversial discourse in theological, philosophical, sociological, and anthropological terms, but ultimately leads to legal issues. Marriage is a legal system that defines its requirements and effects in civil law and is a legal act under family law. In this age, where 29 countries have legalized same-sex marriage, the age-old concept of marriage as the union between the opposite sexes is blurred, and same-sex marriage is included in the concept of marriage. The concept of marriage is not fixed, but variable, and does not necessarily include rational union as its conceptual sign. This paper likewise identifies the position of the intention in marriage in the process of approaching same-sex marriage, focusing on the meaning of marriage with both a private contract and public and private properties as a compulsory regulation. It was concluded that same-sex marriage can be recognized as marriage only by the current civil law interpretation. Whatever the social meaning of marriage, marriage is a legal relationship that defines the status of spouses and rights obligations in civil law. The legal meaning of marriage, then, cannot be considered apart from the rights obligations that civil law provides for the effect of marriage. Legal opinions reflect this view. If one views the intention of marriage as a willingness to enlist the legal effect of marriage, one will be able to understand the meaning of marriage more normally and include same-sex marriage in the marriage agreement. However, seeing the intention of marriage as a legal act, motivating the effect of marriage, does not replace the meaning of marriage simply with the obligation of individual rights. Same-sex couples, like many who wish to have a heterosexual marriage, want marriage for symbolic and realistic purposes. Therefore, the most important part of the intention of marriage is the duty to live as a spouse, the right to inherit as a spouse, and the right to inherit from that position. Indirectly, such couples desire social recognition and a sense of belonging. In terms of content, agreement to same-sex marriage can be judged more normally.

Transgressive Mexicana sexualities and the promise of progress

Latin American and Latina women's sexualities have often been represented, and theorized, along the terms of sexual morality, restraint and emancipation. In this article, I explore how sexual norms have changed for women in queer spaces in Mexico City over the past two decades. I suggest that sexual practices that were characterized as transgressive in 2000 became normalized in lesbian circles in the following decade, in the 2010s. Ten years of public discussions on sexual education, abortion, anti-discrimination laws, same-sex unions, and in lesbian circles on polyamory had taken place transforming gender and sexual subjectivities. Ultimately, as I reflect on change regarding gender and sexualities, I caution against the tendency of depicting social transformations in a linear process, which risks drawing on teleological narratives of progress.