scholarly journals The effect of changes in the legal recognition of same-sex couples on gay households

2012 ◽  
Author(s):  
Ian C. Burn
2021 ◽  
Vol 19 (3) ◽  
pp. 143-175
Author(s):  
Aleksandra Kuczyńska-Zonik ◽  
Peteris F. Timofejevs

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.


Sexualities ◽  
2020 ◽  
pp. 136346072097861
Author(s):  
Aspa Chalkidou

This article analyzes how parenthood gets established as a defined sexual category predicated on the exclusion of imagined deviance. Examining the Greek state's policies on reproduction, public discourses over non-heterosexual kinship, and the LGBT movement’s claims for the institutional recognition of same-sex parenthood, I analyze the circulation of sexual concepts and ideas through the cultural notion of parenthood, their imbrication with policies on family and reproduction, and their connection to broader national, political, and reproductive imaginaries. Through a careful reading of the “Greek case,” a nation where same-sex couples can now enter a civil partnership, but who nevertheless lack any legal recognition of same-sex parenting, I argue that political attachments to parenthood have implications for understanding other forms of institutionalized reproduction, including the academic re/production of scholarship on kinship and sexuality, labor law, and the reproduction of state authority.


2002 ◽  
Vol 51 (2) ◽  
pp. 305-324 ◽  
Author(s):  
Claudina Richards

Legislative reforms have been introduced in several European states to tackle the question of the legal recognition of same-sex relations, with the Nordic countries taking the lead.1 Changes in the attitude of the general public towards gays and lesbians, as demonstrated by the publicity and popularity of Gay Pride marches throughout Europe, has brought the issue to the fore of the political and legal arenas. France has been no exception, with the public debate on the recognition of same-sex couples culminating in the recent adoption of the law relating to the Pacte Civil de Solidarité (PACS) which provides for the registration of a couple's partnership regardless of sex.


2000 ◽  
Vol 4 (3) ◽  
pp. 256-282
Author(s):  
Kenneth McK Norrie

Fitzpatrick v Sterling Housing Association is offundamental importance as thefirst time that the House of Lords has held that a same-sex couple can he a “family” for certain legal purposes. It consigns the concept of a “pretended family relationship” to the dustbin of history and is one of a line of important decisions from supreme courts around the world which, in different ways, are developing the law in the same direction. This article analyses Fitzpatrick and explores how it relates to international developments in discrimination law. It also identifies Scottish statutes which may now be accessible by same-sex couples in this jurisdiction and explores how similar foreign statutes are already accessible by such couples.


Author(s):  
Naomi G. Goldberg ◽  
Amira Hasenbush

LGBTQ-headed families face a complicated legal landscape when it comes to legal recognition. The 2015 U.S. Supreme Court ruling , permitting same-sex couples nationwide to marry, substantially shifted the legal landscape for lesbian, gay, bisexual, transgender, and queer (LGBTQ) parents. Many families now have access to legal recognition through joint adoption, stepparent adoption, and the long-held legal presumptions of parentage for children born to married parents. Yet access to marriage has not fully created the necessary legal protections for the diverse ways in which LGBTQ-headed families form and live their lives. The patchwork of legal protections across the states means that many LGBTQ-headed families lack needed security, stability, and legal recognition.


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