scholarly journals Current Explanations for the Variation in Same-Sex Marriage Policies in Western Countries

2012 ◽  
Vol 11 (4) ◽  
pp. 526-557 ◽  
Author(s):  
David Pettinicchio
Keyword(s):  
Gay Marriage ◽  
Policy Outcomes ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Gay Couples ◽  
Western Countries ◽  
National Comparison ◽  
Shed Light ◽  
Cross National

Abstract Over the last ten years, several western countries have recognized gay marriage either by providing gay couples the same rights as heterosexual couples, or by allowing civil unions. Other western countries have not. What accounts for this variation? This paper reviews and analyzes the key demographic, institutional and cultural arguments found in the literature on the legalization of gay marriage – especially as these pertain to cross-national comparison – and raises questions about assumptions regarding the extent to which there is variation on these variables across western countries. I argue that institutional and cultural explanations are only meaningful in explaining legalization when their combinations are specified in order to shed light on favorable (or unfavorable) circumstances for policy outcomes.

‘Changing Marriage? Messing with Mr. In-Between?: Reflections upon Media Debates on Same-Sex Marriage in Ireland’

2007 ◽  
Vol 12 (1) ◽  
pp. 152-168
Author(s):  
Sean Reynolds
Keyword(s):  
Gay Marriage ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Gay Couples ◽  
Same Sex Couples ◽  
Global Challenge ◽  
Politics And Religion ◽  
The Social ◽  
The Republic ◽  
Irish Case

This article explores some aspects of the emergence of local debates around same-sex marriage in the Republic of Ireland. Taking up this issue through an analysis of Irish (local) mediatized reactions to the introduction of German gay marriage in 2001, I point to how we can see some evidence of a shift away from Irish traditional relationships between the social, politics and religion, which served to police and silence much public discussion about sexuality. While prudery about sexual issues still remains, my paper points to the emergence of prudent-yet-tolerant sharing of stories about the social exclusion of same-sex couples. In spite of recent setbacks for a legal case seeking the recognition of a foreign same-sex marriage in Ireland, we may point to a growing political and legal consciousness for the extension of rights for lesbian and gay couples but it is still unclear as to what model will be adopted in the Irish context. While in the Irish case, there is only intermittent media interest in ‘gay marriage’, we can locate this struggle within the framework of the sociology of intimate citizenship. Not only do claims for same-sex marriage illustrate pointed inequalities experienced by lesbians and gay men, the stories also problematize the naturalness of heterosexuality. The Irish case may, of course, be explored within the context of a global challenge to gender identity where the imagined same-sex couple enjoy some element of certainty in an uncertain world.

Direct Democracy and LGBT Politics

2019 ◽  
Author(s):  
Daniel C. Lewis
Keyword(s):  
Direct Democracy ◽  
Policy Outcomes ◽  
Same Sex ◽  
Lgbt Rights ◽  
Direct Role ◽  
Same Sex Marriage ◽  
The Public ◽  
Ballot Measures ◽  
Lgbt Politics ◽  
Lgbt Community

While many landmark policies affecting LGBT rights have been determined by legislatures and courts, voters have also often played a more direct role in LGBT politics through direct democracy institutions, such as the initiative and referendum. For example, in 2008 California voters approved Proposition 8, barring same-sex marriage in the state and setting the stage for a key federal court decision in Hollingsworth v. Perry (2013). This followed on the heels of 31 ballot measures to ban same-sex marriage in the previous decade. Direct democracy has also been employed frequently to consider a range of other important issues relevant to the LGBT community, including bans on same-sex couple adoptions, nondiscrimination policies, education policies, and employment benefits. Further, as issues addressing transgender right have emerged on the political landscape, local referendums have addressed public accommodation discrimination, including so-called “bathroom bills,” like the high-profile Houston referendum in 2014. Most of these prominent direct democracy contests have resulted in negative outcomes for the LGBT community, spurring concerns about subjecting the rights of marginalized groups to a popular vote. However, some ballot measures, such as Washington’s 2012 vote to legalize same-sex marriage, have expanded or protected LGBT rights. Yet the effects of direct democracy institutions extend beyond the direct policy outcomes of elections and have been shown to shape the decision-making of elected officials as well. Still, studies of both the direct and indirect effects of direct democracy on LGBT rights reveal mixed results that are contingent upon public attitudes and how the issues are framed. When the public is supportive of LGBT rights and views them through a civil right frame, direct democracy has been used to expand and protect these rights. However, when the public views the LGBT community more negatively and views the issues through a morality or safety lens, LGBT rights are put at risk by direct democracy. As such, direct democracy institutions function as a double-edged sword for the LGBT community, simultaneously offering an opportunity to elevate LGBT rights issues onto the public agenda with a civil rights frame and posing a threat to the community when these issues are viewed in a more hostile manner.

Alliances will make or break new Costa Rica president

2018 ◽  
Keyword(s):  
Crime Rates ◽  
Gay Marriage ◽  
Business Community ◽  
Same Sex ◽  
Security Strategy ◽  
Same Sex Marriage ◽  
Content Type ◽  
Large Margin ◽  
Election Result ◽  
Public Concerns

Significance His win followed a tight campaign against evangelical Christian Fabricio Alvarado Munoz (no relation), who had leapt ahead in the polls after a controversial ruling on gay marriage in February. Ultimately, the consolidation of centre-left support behind Alvarado Quesada produced an unexpectedly large margin of victory. Impacts Alvarado Quesada’s victory will reassure the business community as he has pledged to maintain policy continuity. Tax regime continuity will limit the government’s ability to pass far-reaching fiscal reform. A bold new security strategy will be necessary to address public concerns regarding crime rates. The election result is a win for supporters of same-sex marriage, but legalisation will remain controversial.

scholarly journals Human Rights and the Same-Sex Marriage Debate in Australia

2017 ◽  
Vol 10 (4) ◽  
pp. 60
Author(s):  
Bede Harris
Keyword(s):  
Human Rights ◽  
John Rawls ◽  
The United States ◽  
Comparative Approach ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Political Debate ◽  
Same Sex Marriage ◽  
Goods And Services ◽  
The Right

Australia is currently confronting the issue of whether to legalise same-sex marriage. Thus far debate has been conducted with little reference to human rights theory. This article draws on the theories of John Rawls and John Stuart Mill and analyses whether, by confining the right to marry to heterosexual couples, the law infringes the right to privacy and, conversely, whether the legalisation of same-sex marriage would infringe religious rights of those who are unwilling to provide goods and services to same-sex couples. In so doing, the article adopts a comparative approach, drawing on case law from the United States. The article examines the way in which political debate on the issue has been conducted by the major parties in Australia, and concludes that both the Liberal-National coalition and the Labor party have been motivated by a desire to appease the religious right within their ranks, at the expense of human rights principles.

scholarly journals FATHER OF THE BOTTOM: TOWARDS A CRITIQUE OF SAME-SEX MARRIAGE

eTopia ◽  
2008 ◽  
Author(s):  
Marcos Moldes
Keyword(s):  
Social Acceptance ◽  
Gay Marriage ◽  
Equal Rights ◽  
Same Sex ◽  
Queer Identity ◽  
Media Campaigns ◽  
Same Sex Marriage ◽  
Legal Definition ◽  
Civil Marriage ◽  
Government Of Canada

On July 20th, 2005, the federal government of Canada passed Bill C-38, the Civil Marriage Act, which changed the legal definition of marriage as the lawful union of two persons to the exclusion of all others. This changed the federal legislation from defining marriage as a union between a man and a woman and broadened the legal definition to include same-sex couples. Canadians for Equal Marriage (CEM), one of the principal advocacy organizations, lauded the change in legislation as an important move towards equality for same-sex individuals. The organization’s advocacy work leading up to the vote in the House of Commons, along with their public media campaigns, reinforced the position that saw the inclusion of queer unions into federal definitions of marriage as an important moment for the queer rights movement. The discourse that surrounded this debate leading up to and after July 20th framed marriage as the cornerstone of queer rights and equality; yet, it lacked any sort of critique about the broader social and political implications for queer identity and the queer rights movement. Conflating marriage with equality, CEM’s discourse around gay marriage lacked any critique of how inclusion into state-legislated familial structures could impact broader discourses of queer identity. Instead, the majority of articles focused on how queer marriage was obligatory and called on all members of the queer community to embrace and organize politically around the issue of marriage. This discourse suggests the recognition of same sex unions is indicative of a broader social equality. However, it must be asked whether this assimilation into a heterosexual/heteronormative framework ensures real equality or merely the assimilation of queer identity through state-mediated kinship structures. Although gay marriage is a tool for enabling the inclusion of same-sex partners into benefits packages, tax breaks and other federally legislated benefits, the language used by gay marriage advocates problematically links concepts of equal rights to marriage without questioning or critiquing the concept of state-mediated kinship structures. Looking at the media campaign around this issue, and how it linked the attaining of rights to legalizing marriage it must be asked whether this would create real social acceptance, or whether the same-sex marriage debate is an in actuality just an attempt to normalize queer relationships into a larger heteronormative framework.

scholarly journals Homo-Ehe oder Solidaritätsvertrag?

2013 ◽  
Vol 43 (173) ◽  
Author(s):  
Heinz-Jürgen Voß
Keyword(s):  
Scientific Literature ◽  
Gay Marriage ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Media Attention ◽  
Same Sex Couples ◽  
Family Models

With the opening of marriage for same-sex couples, respectively the institution of ‘gay marriage’ as a special law, attracting all media attention, the alternative family models debated in the 1990’s have disappeared from view – even though these debates were intense, and it was not at all clear that ‘gay marriage’ would gain acceptance. As even in recent scientific literature the alternative family models are hardly considered, they will be brought into focus here. The following article centers on the model of a ‘family of choice’ and the French PACS as alternatives to same-sex marriage.

scholarly journals Gay Marriage Tends to be More Popular than Same-Sex Marriage

2016 ◽  
Vol 9 (4) ◽  
pp. 1-8 ◽  
Author(s):  
Jason A. Husser ◽  
Kenneth E. Fernandez
Keyword(s):  
Gay Marriage ◽  
Same Sex ◽  
Same Sex Marriage

scholarly journals "I want to marry in Cabo Verde": Reflections on homosexual conjugality in contexts

2015 ◽  
Vol 12 (1) ◽  
pp. 37-66 ◽  
Author(s):  
Andréa Lobo ◽  
Francisco Miguel
Keyword(s):  
Social Movements ◽  
Gay Marriage ◽  
Same Sex ◽  
Men And Women ◽  
Same Sex Marriage ◽  
Cabo Verde ◽  
Ethnographic Data ◽  
Affective Relations ◽  
The Universe

This article explores the universe of affective relations in Cabo Verde, especially those aspects related to conjugality and sexuality. Our interest begins with the demands for same-sex marriage made by a gay Cabo Verdean association and the ethnographic data on the gay marriage issue when it was debated by homosexual militants in Mindelo (São Vicente Island). These facts will be analyzed in the context of conjugal arrangements and heterosexual sexuality in the country. We argue that analyzing the debate on gay marriage and broadening the discussion to understand how affective relationships are lived between men and women in the archipelago, it is necessary to reflect not only on the dynamics of local affections, but especially how the circulation of discourses and values within global social movements impinges on the situation in Cabo Verde.

Just Married

2015 ◽  
Author(s):  
Stephen Macedo
Keyword(s):  
Public Opinion ◽  
Gay Marriage ◽  
Public Institution ◽  
Marriage Equality ◽  
Same Sex ◽  
Critical Juncture ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Right ◽  
Marriage Reform

The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. This book demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. The book displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, the book opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, the book explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. Casting new light on today's debates over the future of marriage, the book lays the groundwork for a stronger institution.

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