Pioneering marriage for same-sex couples in the Netherlands

AbstractThis chapter introduces the concept of parentalization, defined as the ability to become parents and be recognized as such, both legally and via social policies. Applying the concept to same-sex couples, we examine how states may facilitate or hinder the transition to parenthood through laws and policies in five Northern European countries; Denmark, Finland, Norway, Sweden, and the Netherlands. Trends in the number of children zero years of age in married/cohabiting same-sex couples suggest a link between parentalization and realized parenthood. As partly indicated by these trends, parentalization is a gendered concept, and parenthood is more readily available to some couples than to others. Perhaps most importantly, very few same-sex couples have been able to jointly adopt a child. The fact that married female couples face fewer barriers to parentalization than other non-traditional couples partly reflects dominant norms on gender and motherhood.

Download Full-text

Conscientious Objection to Same-sex Marriages: Beyond the Limits of Toleration

Religion and Human Rights ◽

10.1163/18710328-12341301 ◽

2016 ◽

Vol 11 (2) ◽

pp. 114-139

Author(s):

Stijn Smet

Keyword(s):

Human Rights ◽

The Netherlands ◽

Conscientious Objection ◽

Civil Servants ◽

Freedom Of Religion ◽

Same Sex ◽

Same Sex Couples ◽

Sex Equality

When civil servants conscientiously refuse to register same-sex marriages, a clash arises between freedom of religion and same-sex equality. The scholarly world is divided on the optimal way to tackle this human rights clash. States, however, are not. Courts and legislators in the us, the uk and the Netherlands—among others—have decisively and unequivocally sided with same-sex equality. This article contributes to the debate by presenting an alternative to existing scholarly analyses, which the author finds wanting. The primary aim is to offer a coherent account of the relevant practice in the uk and the Netherlands. The article’s core argument is that this practice is best understood in terms of the limits of toleration in liberal States. The author argues, in particular, that the uk courts and Dutch legislators have drawn those limits at the point where civil servants cause same-sex couples expressive harm.

Download Full-text

The Division of Paid Labor in Same-Sex Couples in the Netherlands

Sex Roles ◽

10.1007/s11199-012-0235-2 ◽

2012 ◽

Vol 68 (5-6) ◽

pp. 335-348 ◽

Cited By ~ 15

Author(s):

Eva Jaspers ◽

Ellen Verbakel

Keyword(s):

The Netherlands ◽

Same Sex ◽

Same Sex Couples ◽

Paid Labor

Download Full-text

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

Journal of Official Statistics ◽

10.2478/jos-2019-0032 ◽

2019 ◽

Vol 35 (4) ◽

pp. 753-776 ◽

Cited By ~ 1

Author(s):

Stephanie Steinmetz ◽

Mirjam Fischer

Keyword(s):

The Netherlands ◽

Sampling Strategy ◽

Target Population ◽

Same Sex ◽

Same Sex Couples ◽

The Core ◽

Institutional Frameworks ◽

And Bisexual ◽

Core Questions

Abstract In 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.

Download Full-text

Would Scots Law Recognise a Dutch Same-Sex Marriage?

Edinburgh Law Review ◽

10.3366/elr.2003.7.2.147 ◽

2003 ◽

Vol 7 (2) ◽

pp. 147-173 ◽

Cited By ~ 1

Author(s):

Kenneth McK Norrie

Keyword(s):

Public Policy ◽

The Netherlands ◽

Private Law ◽

Same Sex ◽

Same Sex Marriage ◽

Same Sex Couples ◽

International Private Law ◽

Opposite Sex ◽

The Relationship

The opening, in the Netherlands, of the institution of marriage to same-sex couples will sooner or later give rise to the question of whether the Scottish international private law rules relating to marriage will permit or even demand the recognition here ofsuch unions validly entered into there. It is suggested in this article that the proper approach is not to ask whether the Scottish court will recognise the relationship as the institution ofmarriage as such, but whether the Scottish court will give effect to consequencesflowingfrom thefact that the relationship has been sanctioned by the Dutch state. For many purposes the answer to that question is unavoidably yes, and it is argued that since that is so then on grounds ofprinciple, policy, and practicality the Scottish court should give effect to such consequences as it would in relation to a Dutch opposite-sex union. There is no public policy objection to doing so.

Download Full-text