Legal Counseling and the Marriage Decision: The Impact of Same-Sex Marriage on Family Law Practice

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

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Family Law as a Right to Freedoms: The Case of Same-Sex Marriage in Spain†

International Journal of Law Policy and the Family ◽

10.1093/lawfam/ebw020 ◽

2017 ◽

Vol 31 (1) ◽

pp. 79-93

Author(s):

Encarna Roca Trias

Keyword(s):

Family Law ◽

Same Sex ◽

Same Sex Marriage

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Same-sex marriage in China? The strategic promulgation of a progressive policy and its impact on LGBT activism

Review of International Studies ◽

10.1017/s026021051000080x ◽

2010 ◽

Vol 37 (3) ◽

pp. 1313-1333 ◽

Cited By ~ 9

Author(s):

TIMOTHY HILDEBRANDT

Keyword(s):

Human Rights ◽

Opportunity Costs ◽

Same Sex ◽

Same Sex Marriage ◽

Democratic State ◽

Lgbt Community ◽

Lgbt Activism ◽

Progressive Policy ◽

The Right ◽

The Impact

AbstractUsing the case of same-sex marriage in China, this article explores two fundamental questions: What motivates a non-democratic state to promulgate a progressive human rights policy? More importantly, when a non-democratic state adopts such policies, what is the impact on activism? I argue that same-sex marriage legislation could be used strategically to improve China's human rights reputation. While this would extend a pinnacle right to gays and lesbians, the benefits might not outweigh the costs: I show that when imposed from above, a same-sex marriage law would incur opportunity costs on activism; the passage of this progressive policy would eliminate an important issue around which the Lesbian, Gay, Bisexual and Trans-gender/-sexual (LGBT) community might develop. Moreover, even if such policy is promulgated, the right to marry will do little to challenge the larger social pressures that make life difficult for LGBT Chinese.

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Part V Family Law, 22 Matrimonial and Related Causes

10.1093/law/9780199678983.003.0022 ◽

2017 ◽

Author(s):

Torremans Paul

Keyword(s):

Family Law ◽

Common Law ◽

Same Sex ◽

English Court ◽

Same Sex Marriage ◽

Choice Of Law ◽

Polygamous Marriage

This chapter examines the rules governing matrimonial and related causes, which generally include petitions for divorce, nullity of marriage, judicial separation, and presumption of death and dissolution of marriage, as well as similar foreign proceedings which may fall for recognition in England. It first considers whether an English court will assume jurisdiction to grant matrimonial relief in the case of a polygamous marriage, focusing on the relevant provisions of common law and Section 47 of the Matrimonial Causes Act 1973. It then discusses the rules relating to the jurisdiction of the courts, choice of law and recognition of foreign divorces, annulments, and judicial separations as well as presumption of death and dissolution of marriage. It also analyses conflict rules concerning the dissolution, nullity, and separation of civil partnerships and same sex marriage.

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Security, recognition, and misgivings: Exploring older same-sex couples’ experiences of legally recognized same-sex marriage

Journal of Social and Personal Relationships ◽

10.1177/0265407510386136 ◽

2010 ◽

Vol 28 (1) ◽

pp. 64-82 ◽

Cited By ~ 21

Author(s):

Pamela J. Lannutti

Keyword(s):

Social Network ◽

Social Context ◽

Historical Perspective ◽

Same Sex ◽

Same Sex Marriage ◽

Same Sex Couples ◽

Sense Of Security ◽

The Impact

This study examines older same-sex couples’ experiences with legally recognized same-sex marriage (SSM). Thirty-six same-sex couples who ranged in age from 56 to 73 ( M = 63.75) participated in semi-standardized interviews about their reaction to SSM and the surrounding debates, the impact of SSM on their relationship and social network, and their decision to marry or not. Three themes emerged from older same-sex couples’ descriptions of their experiences with SSM: an increased sense of security, an increased sense of recognition, and misgivings about SSM. Results reflect the unique historical perspective and challenges of older same-sex couples as they negotiate a changing social context.

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