Getting to the Pink Picket Fence: How LGB Migrants Negotiate Same-Sex Marriage

2021 ◽  
pp. 0192513X2110300
Author(s):  
Tanja Vuckovic Juros
Keyword(s):  
Social Institution ◽  
Eastern European ◽  
Sex Partners ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Constitutional Protection ◽  
Picket Fence ◽  
Transnational Migrants ◽  
Institutional Contexts ◽  
Eastern European Countries

Despite the increasing legalization trend, same-sex marriage remains inaccessible to couples in most countries. Such exclusions, however, can be circumvented by migrants who, in the process, also negotiate diverse and even divergent meanings of marriage embedded in different socio-institutional contexts. This study examines such diverse meanings of marriage among LGB transnational migrants based on biographic narrative interviews with nine individuals married to same-sex partners in Belgium and the Netherlands and coming from Central and Eastern European countries with constitutional protection of heterosexual marriage. The study highlights the negotiations of intimate relationships in the context of the new institutional opportunity of marriage and stresses how the similarities between migrants and non-migrants testify to the strengthening of same-sex marriage as a social institution. Focusing further on migrants' unique experiences of marriage in divergent socio-institutional contexts, this study also shows how same-sex marriage empowers LGB migrants even where it is (still) not available.

scholarly journals SAME-SEX MARRIAGE AND THE SAME OLD CONSTITUTION*

2011 ◽  
Vol 14 (2 & 3) ◽  
pp. 2005
Author(s):  
Ronalda Murphy
Keyword(s):  
Supreme Court ◽  
Social Institution ◽  
Supreme Court Of Canada ◽  
Same Sex ◽  
Political Debate ◽  
Same Sex Marriage ◽  
Political Issues ◽  
Same Sex Couples ◽  
The Supreme Court ◽  
Do So

The Reference re Same-Sex Marriage1 is not a major opinion on the rights of same-sex couples in Canada, but it is nonetheless an important and fascinating case. There are only a few lines that are about the “rights” of same-sex couples. Did the Supreme Court of Canada “duck” the issue? Was the Court carefully gauging how much or little political capital it had and making a political decision to say as little as possible on this topic? The Court certainly displayed strategic brilliance, but it did not do so in the name of avoiding the “political” hot topic of same-sex marriage. It is factually difficult to maintain the view that the Supreme Court of Canada is loath to enter into this political debate. It has been the lead social institution in Canada in terms of responding to the claims of gays and lesbians to equality in law,2 and it has never been shy of dealing with topics simply because they involve controversial political issues.3 Rather, the Court’s brilliance lies in its minimalist and almost weary tone. This approach had the effect of taking the wind out of the sails of those opposed to same-sex marriage: the same-sex advocates definitely win the constitutional race, but they do so because according to the Supreme Court, there is no provincial constitutional headwind that can stop them. In short, provinces can complain all they want about the federal position in favour of same-sex marriage, but the wedding will go on despite and over their objections to the ceremony.

Happily Ever After

Just Married ◽  
2015 ◽  
Author(s):  
Stephen Macedo
Keyword(s):  
Family Relations ◽  
Social Institution ◽  
Sexual Intimacy ◽  
Same Sex ◽  
Public Philosophy ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
Neutral State ◽  
Marital Commitment ◽  
The Ideal

This concluding chapter summarizes some of the main points of the book's argument regarding same-sex marriage, marriage, and monogamy. It first considers how same-sex marriage might change marriage for all before reflecting on what marriage tells us about the ideal of an ethically neutral state and liberalism as a public philosophy. It argues that same-sex marriage makes monogamous marriage stronger as a liberal and democratic social institution. From the standpoint of justice, the chapter explains how monogamous marriage helps imprint the DNA of equal liberty onto the very fiber of family and sexual intimacy. It contends that the distinctiveness of marriage as a plan of life goes beyond its role in securing justice, that lifelong monogamous marital commitment is a distinctive plan of life. It concludes by suggesting that, with respect to other complex aspects of law pertaining to marriage and family relations, the law should change incrementally.

Marriage, Law, and Society: A Tangled Web

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Domestic Violence ◽  
Married Couples ◽  
Social Institution ◽  
Law And Society ◽  
Same Sex ◽  
Economic Rights ◽  
Same Sex Marriage ◽  
Patriarchal Family ◽  
Legal Context ◽  
The Social

This chapter explores marriage in the social and legal context. It looks at who marries, and what marriage seems to mean to them. Marriage is a crucial social institution, and many people bemoan the state of American marriage: opponents of same-sex marriage, supporters of the patriarchal family, anti-divorce moralists, advocates for children, and so on. Marriage may be weaker than before, it may have changed greatly; but it is still fundamental to society and to the lives of people in America. And its consequences reverberate throughout society and the law. Thus the chapter discusses what marriage means in law: the rights and obligations of married couples, including economic rights. It also looks at the darker side of marriage—domestic violence and marital rape.

scholarly journals A Gay Federation: The Effects of Federalism on the Lesbian and Gay Movement in Canada

Federalism-E ◽  
1969 ◽  
Vol 14 (1) ◽  
pp. 58-66
Author(s):  
Morag Keegan-Henry
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Sex Partners ◽  
Same Sex ◽  
Specific System ◽  
Same Sex Marriage ◽  
Lesbian And Gay ◽  
Bisexual And Transgender ◽  
Gays And Lesbians ◽  
Gay Movement

Alan Cairns argues that “federalism is not enough” to deal with non-territorial minorities.1 This certainly seems to have been the case with the Canadian LGBT (lesbian, gay, bisexual, and transgender)2 movement. In some ways, federalism (the specific system of sovereignty-sharing wherein both levels of government are co-equal and each is sovereign in areas under its jurisdiction) has directly inhibited attempts to stop discrimination, provide benefits to common-law same-sex partners, and legalize same-sex marriage. First, prior to the introduction of the Charter of Rights and Freedoms in 1982, human rights cases were usually decided on the basis of jurisdiction, thus severely limiting the ability of activists to challenge discriminatory laws. Second, activists who wish to limit the allocation of rights to gays and lesbians have used arguments regarding provincial rights to frame the debate as a question of constitutionality rather than of strictly human rights [...]

Rewriting Obergefell

2020 ◽  
pp. 71-90
Keyword(s):  
Gay Rights ◽  
State Policies ◽  
Public Law ◽  
Legal Issues ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Constitutional Protection ◽  
Legal Problems ◽  
Gays And Lesbians

This chapter details a series of eleven opinions by leading public law experts on rewriting the opinion in Obergefell v. Hodges. It introduces the constitutional issues at the heart of the debate and the legal problems that the justices faced as they grappled with the legal issues in the case. It also discusses the key problems, issues, and strategies involved in writing an opinion upholding same-sex marriage. The chapter mentions Justice Anthony Kennedy, who spoke about liberty interests, about the constitutional protection of dignity, and about how state policies demeaned gays and lesbians. It highlights Justice Kennedy's four gay rights opinions: Romer, Lawrence, Windsor, and Obergefell.

Five Reasons why Margaret Somerville is Wrong about Same-Sex Marriage and the Rights of Children

Dialogue ◽  
2009 ◽  
Vol 48 (4) ◽  
pp. 867-887
Author(s):  
Scott Woodcock
Keyword(s):  
Social Sciences ◽  
Minority Group ◽  
Social Institution ◽  
Insufficient Evidence ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Biological Parents ◽  
Humanities And Social Sciences

ABSTRACT: In written work and a lecture at the 2008 Congress of the Humanities and Social Sciences that was co-sponsored by the Canadian Philosophical Association, Margaret Somerville has claimed that allowing same-sex marriage is unethical because doing so violates the inherently procreative function of marriage and thereby undermines the rights and duties that exist between children and their biological parents. In my paper, I offer five reasons for thinking that Somerville’s argument for this conclusion is unpersuasive. In each case her argument either begs important questions about same-sex marriage or else relies on insufficient evidence to justify excluding a vulnerable minority group from participating in a state-sponsored social institution.

scholarly journals Moderate Effects of Same-Sex Legislation on Dependent Employer-Based Insurance Coverage Among Sexual Minorities

2016 ◽  
Vol 73 (6) ◽  
pp. 752-768 ◽  
Author(s):  
Linda Diem Tran
Keyword(s):  
Gay Men ◽  
Insurance Coverage ◽  
Marginal Effect ◽  
Sex Partners ◽  
Same Sex ◽  
Related Factors ◽  
Same Sex Marriage ◽  
Domestic Partnership ◽  
And Bisexual ◽  
The Impact

A difference-in-difference approach was used to compare the effects of same-sex domestic partnership, civil union, and marriage policies on same- and different-sex partners who could have benefitted from their partners’ employer-based insurance (EBI) coverage. Same-sex partners had 78% lower odds (Marginal Effect = −21%) of having EBI compared with different-sex partners, adjusting for socioeconomic and health-related factors. Same-sex partners living in states that recognized same-sex marriage or domestic partnership had 89% greater odds of having EBI compared with those in states that did not recognize same-sex unions (ME = 5%). The impact of same-sex legislation on increasing take-up of dependent EBI coverage among lesbians, gay men, and bisexual individuals was modest, and domestic partnership legislation was equally as effective as same-sex marriage in increasing same-sex partner EBI coverage. Extending dependent EBI coverage to same-sex partners can mitigate gaps in coverage for a segment of the lesbians, gay men, and bisexual population but will not eliminate them.

Pragmatic Language Performance of Children Adopted Internationally

2019 ◽  
Vol 28 (2) ◽  
pp. 501-514
Author(s):  
Deborah A. Hwa-Froelich ◽  
Hisako Matsuo
Keyword(s):  
Social Communication ◽  
False Belief ◽  
Pragmatic Language ◽  
Eastern European ◽  
Language Performance ◽  
Emotion Identification ◽  
False Belief Understanding ◽  
Quasi Experimental ◽  
Pragmatic Communication ◽  
Eastern European Countries

Purpose Pragmatic language is important for social communication across all settings. Children adopted internationally (CAI) may be at risk of poorer pragmatic language because of adverse early care, delayed adopted language development, and less ability to inhibit. The purpose of this study was to compare pragmatic language performance of CAI from Asian and Eastern European countries with a nonadopted group of children who were of the same age and from similar socioeconomic backgrounds as well as explore the relationship among emotion identification, false belief understanding, and inhibition variables with pragmatic language performance. Method Using a quasi-experimental design, 35 four-year-old CAI (20 Asian, 15 Eastern European) and 33 children who were not adopted were included in this study. The children's pragmatic language, general language, and social communication (emotion identification of facial expressions, false belief understanding, inhibition) were measured. Comparisons by region of origin and adoption experience were completed. We conducted split-half correlation analyses and entered significant correlation variables into simple and backward regression models. Results Pragmatic language performance differed by adoption experience. The adopted and nonadopted groups demonstrated different correlation patterns. Language performance explained most of the pragmatic language variance. Discussion Because CAI perform less well than their nonadopted peers on pragmatic communication measures and different variables are related to their pragmatic performance, speech-language pathologists may need to adapt assessment and intervention practices for this population.

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