Navigating Illegitimacy

2020 ◽  
pp. 137-164
Author(s):  
Sandra Patton-Imani ◽  
Sandra Patton-Imani
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Hospital Care ◽  
First Century ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Care Education ◽  
Same Sex Couples ◽  
Legal Precedent ◽  
Laws And Policies

I explore the first few years of the twenty-first century through the stories of mothers negotiating a sense of belonging and legitimacy in a sociopolitical context of shifting laws and policies about same-sex marriage and adoption. I explore the ways that mothers navigate the treacherous terrain of socializing their children in a society that denigrates their families—for example, in hospital care, education, and transracial adoption. I explore legal changes in Vermont in 2000 and Massachusetts in 2003 legalizing same-sex unions, and the ways these decisions lay legal groundwork for the widespread use of the civil rights movement as an analogy for the “marriage equality” movement. The legal strategy of arguing for the rights of same-sex couples to marry based on the harms that illegitimacy will impose on their children emerged as an important legal precedent that shaped the way same-sex marriage was legalized federally in 2015.

scholarly journals Minimizing and addressing microaggressions in the workplace: Be proactive, part 2

2018 ◽  
Vol 79 (10) ◽  
pp. 538 ◽  
Author(s):  
Shamika Dalton ◽  
Michele Villagran
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Work Productivity ◽  
The United States ◽  
People Of Color ◽  
History Plays ◽  
Same Sex ◽  
Underrepresented Groups ◽  
Same Sex Couples ◽  
Movement Discrimination

Our nation’s history plays a huge role in the way we perceive underrepresented groups. From slavery to segregation, to the inequality in compensation for women and people of color, to the refusal to wed same sex couples, discrimination and opposition has plagued the United States for decades. Since the Civil Rights Movement, discrimination towards underrepresented groups has shifted from overt acts to subtle and semiconscious manifestations called microaggressions. These manifestations reside in well-intentioned individuals who are often unaware of their biased beliefs, attitudes, and actions. They can lead to inequities within our relationships and affect our work productivity.

Courts and Same-Sex Marriage in Latin America

2021 ◽  
Author(s):  
Maximiliano Campana ◽  
Juan Marco Vaggione
Keyword(s):  
Latin America ◽  
Civil Rights ◽  
Latin American ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Historical Developments ◽  
The Right ◽  
Lgbt Movement

Same-sex marriage has become one of the LGBT movement’s main demands in Latin America in the past decade. Argentina was the first Latin American country to recognize same-sex marriage in 2010, and it has been replicated in other countries such as Brazil, Uruguay, Colombia, Ecuador, Costa Rica, and Mexico. In all these cases, the courts have been an important ally of the LGBT movement, generating the constitutional grounds and decisions for the recognition and expansion of the rights of same-sex couples. In this sense, litigation has proved to be a powerful strategy for LGBT groups for their demands of recognition, and in the analyzed cases, the judiciary has been receptive to these petitions and claims assuming different roles. The litigation experience in Latin America has been shaped by the U.S. litigation model for the advancements of civil rights, a model that has had an impact in the LGBT campaigns for same-sex marriage, and as a result it is possible to identify different roles that the Latin-American courts have played in protecting same-sex couples and legally recognizing their partnerships in the region. Thus the historical developments of the strategic litigation have been crucial for the recognition and advancement of rights, generating a type of litigation that was originated in the United States and later replicated in Latin America, thanks to institutional changes and successful experiences of same-sex marriage litigation. However, the courts have assumed different roles when recognizing the right to marriage between same-sex couples in the region, according to the legal, social, political, and international context where they are inserted, showing that the “politization of the justice” and the “judicialization of politics” are two interconnected procceses that combine in different and complex manners when debating sexuality in the region.

Implications of Obergefell for Same-Sex Marriage, Divorce, and Parental Rights

2018 ◽  
pp. 7-30 ◽  
Author(s):  
Nancy J. Knauer
Keyword(s):  
Civil Rights ◽  
Married Couples ◽  
Supreme Court Decision ◽  
Parental Rights ◽  
Same Sex ◽  
Nontraditional Families ◽  
Same Sex Marriage ◽  
State Laws ◽  
Same Sex Couples ◽  
Domestic Partnerships

This chapter examines the implications of the landmark US Supreme Court decision Obergefell v. Hodges for same-sex marriage, divorce, and parental rights. Heralded as one of the most significant civil rights victories in recent memory, Obergefell had an immediate impact on the lives of same-sex couples by providing uniform and nationwide access to both marriage and divorce. It ended a confusing patchwork of state laws, some of which recognized same-sex marriage and some of which prohibited not only same-sex marriage but also domestic partnerships and civil unions. Obergefell also ensured that all same-sex married couples would be eligible for federal benefits regardless of where they lived. The longer-term effects and applications of Obergefell remain unclear, especially with respect to parental rights. In addition, Obergefell has ignited a backlash of religious exemptions law and concern remains that marriage equality may further marginalize nontraditional families and those who choose not to marry.

scholarly journals Democratic Values, Religiosity, and Support for Same-Sex Marriage in Latin America

2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Capital City ◽  
Religious Values ◽  
Democratic Values ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Latin American Countries

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.

James Baldwin

2021 ◽  
Keyword(s):  
Twentieth Century ◽  
Short Stories ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
American History ◽  
James Baldwin ◽  
First Century ◽  
Black Lives Matter ◽  
Twenty First Century

The book is devoted to the works of James Baldwin, one of the most compelling writers of the twentieth century. The authors examine his most important contributions – including novels, essays, short stories, poetry, and media appearances – in the wider context of American history. They demonstrate the lasting importance of his oeuvre, which was central to the Civil Rights Movement and continues to be relevant at the dawn of the twenty-first century and the Black Lives Matter era.

scholarly journals Parentalization of Same-Sex Couples: Family Formation and Leave Rights in Five Northern European Countries

2020 ◽  
pp. 397-428
Author(s):  
Marie Evertsson ◽  
Eva Jaspers ◽  
Ylva Moberg
Keyword(s):  
The Netherlands ◽  
Transition To Parenthood ◽  
Family Formation ◽  
European Countries ◽  
Same Sex ◽  
Same Sex Couples ◽  
Number Of Children ◽  
Northern European ◽  
Laws And Policies ◽  
Married Female

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.

scholarly journals The Precarious Position of Same-Sex Divorce in Texas

2014 ◽  
Vol 1 (3) ◽  
pp. 779-800
Author(s):  
Shawna M. Young
Keyword(s):  
Legal Issues ◽  
Courts Of Appeals ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Legal Remedy

Currently, same-sex couples that are legally married in a jurisdiction that recognizes same-sex marriage may not be able to divorce if they move to Texas. Of the few cases tried in Texas, most courts refused to grant the samesex divorce because the courts refused to recognize the underlying marriage. Because these couples cannot simply return to the granting state due to most states’ divorce residency requirements, they cannot divorce and face untold issues due to this inability. While Texas does offer the opportunity for the couple to declare the marriage void, declaring the marriage void is not an adequate legal remedy and may not prevent property and other legal issues. Instead, Texas should analyze divorce as implicating rights separate from those implicated by marriage. Based on such analysis, Texas should grant same-sex divorces. While several authors have addressed this issue from a national standpoint, this Comment addresses the issue as it stands in Texas, where a jurisdictional split between the courts of appeals makes it ripe for discussion.

The Same Difference: Protecting Same-Sex Couples under the Domestic Violence Ordinance

2009 ◽  
Vol 4 ◽  
pp. 1-33 ◽  
Author(s):  
Puja Kapai
Keyword(s):  
Domestic Violence ◽  
Orientation Discrimination ◽  
Same Sex ◽  
International Human Rights ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Sexual Orientation Discrimination ◽  
Civil Remedies ◽  
The Subject ◽  
International Human

AbstractHong Kong recently amended its Domestic Violence Ordinance (“DVO”). During the deliberations, the issue of whether protection under the DVO ought to be extended to same-sex couples arose for discussion and has since been the subject of extensive debate. Religious and conservative groups have argued that including these groups within the DVO risks overhauling the traditional meaning of “family” and could implicitly legitimize same-sex marriage whilst others have insisted that failing to provide equivalent civil remedies under the DVO to such groups amounts to sexual orientation discrimination and is contrary to Hong Kong's international human rights commitments. This paper reviews the various arguments that have been raised against the inclusion of same-sex couples within the DVO and argues that Hong Kong's international and constitutional commitments to the principles of equality and non-discrimination require that samesex couples be brought within the purview of this legislation.

Marriage: Obligations, Benefits, and Access

Just Married ◽  
2015 ◽  
Author(s):  
Stephen Macedo
Keyword(s):  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Special Obligations ◽  
The Future ◽  
Opposite Sex ◽  
The Many

This chapter examines the many “legal incidents” of marriage: the specific benefits, responsibilities, obligations, and protections that are associated with marriage by law. While critics focus on the special privileges or benefits that spouses acquire in marriage, those are balanced by special obligations. The chapter suggests that the whole package seems reasonably appropriate for both opposite-sex and same-sex couples. It also considers the ways in which marriage seems to promote the good of spouses, children, and society, along with the class divide that now characterizes marriage and parenting. It argues that this class divide, not same-sex marriage, is the great challenge for the future.

Introduction

2020 ◽  
pp. 1-22
Author(s):  
Sandra Patton-Imani
Keyword(s):  
Social Policy ◽  
Gay Men ◽  
First Century ◽  
Social Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Des Moines ◽  
Twenty First Century ◽  
Queer Citizenship

I begin this book with the story of my spouse and I essentially being kicked out of the Des Moines YMCA for being lesbians. I use this narrative to introduce the ways relationships between social and legal definitions of “legitimate” family are used to regulate access to social rights and resources. The most pervasive stories in public dialogues about families headed by lesbians and gay men at the turn of the twenty-first century suggest that legalizing same-sex marriage should be either the panacea for all the constitutional vulnerabilities of queer citizenship, or the downfall of civilization due to the crumbling of the institution of marriage. I argue that the construction of lesbian-headed families should be explored in the context of other arenas of social policy, including adoption, immigration, and welfare. I discuss my family’s location in this research.

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