The Public Policy Exception: An Obstacle to Full Recognition of Civil Status and Parenting Rights of Same-Sex Couples?

2011 ◽  
Author(s):  
Claire Bright
Keyword(s):  
Public Policy ◽  
Same Sex ◽  
The Public ◽  
Same Sex Couples ◽  
Civil Status

China’s Non-Recognition of Foreign Same-Sex Unions

2020 ◽  
Vol 34 (2) ◽  
pp. 204-224
Author(s):  
Yin Liu
Keyword(s):  
Public Policy ◽  
Mainland China ◽  
Foreign Affairs ◽  
Same Sex ◽  
The Public ◽  
Same Sex Couples ◽  
Registered Partnership ◽  
Hong Kong Sar ◽  
Recognition Rule ◽  
Policy Problems

Abstract Chinese law neither expressly recognises nor prohibits same-sex unions (‘same-sex unions’ in this article refers to homosexual relationships that are legally recognised and protected by law, including marriage, civil union, (un)registered partnership, and so on). Until now, no dispute over foreign same-sex union has been brought in a Chinese court. However, the Department of Consular Affairs of China’s Ministry of Foreign Affairs has adopted a blanket non-recognition rule, alleging that same-sex unions would violate China’s (‘China’ hereinafter refers to the jurisdiction of Mainland China, excluding those of the Hong Kong SAR, the Macao SAR, and Taiwan) family law and the public interest. However, it is argued that foreign same-sex unions should be recognised unless such recognition would violate the public policy of the forum state. First, foreign same-sex unions should be regulated by the Chinese conflict rules, not by Chinese domestic law. Additionally, China is internationally obliged to recognise and protect fundamental human rights (right to marry). Secondly, under China’s conflict rules, a foreign same-sex union should be governed by the lex personalis or the law that has the closest connection with that union. Thirdly, as more than 40 jurisdictions throughout the world have legally recognised same-sex unions, and China itself has decriminalised homosexuality, same-sex unions would not necessarily be incompatible with China’s public policy. Fourthly, non-recognition of same-sex unions would instead cause public policy problems because it practically always favours one party over another, helping foreign same-sex couples to evade their responsibilities imposed by the relevant foreign law.

Atrocity stories and triumph stories

2014 ◽  
Vol 24 (2) ◽  
pp. 200-217 ◽  
Author(s):  
Mike Thomas
Keyword(s):  
Public Policy ◽  
Empirical Research ◽  
Policy Impact ◽  
Marriage Equality ◽  
Same Sex ◽  
Gay Couples ◽  
Same Sex Couples ◽  
Lesbian And Gay ◽  
Civil Partnership ◽  
The Uk

This paper investigates conflicting narratives available to lesbian and gay couples as a result of marriage and civil partnership. Whereas marginalisation may have made stories of exclusion particularly resonant for same-sex couples, marriage and civil partnership offer scope for new stories around inclusion and equality. Drawing on empirical research with married and civil partner same-sex couples in the UK, US and Canada, the paper contrasts couples’ atrocity stories with new stories about acceptance and inclusion. The paper argues that these new stories should be seen as triumph stories that point towards a tangible impact arising from marriage equality and civil partnership. However, the presence of atrocity stories alongside these triumph stories provides evidence of a more limited policy impact. In conclusion, the paper highlights the relevance of atrocity stories in an emerging area of public policy, as well as the likelihood of triumph stories being relevant in other contexts.

scholarly journals O przypadkach dokonanej transkrypcji aktów urodzenia dzieci par jednopłciowych

2021 ◽  
Vol 28 ◽  
pp. 131-161
Author(s):  
Michał Wojewoda
Keyword(s):  
The Other ◽  
Birth Certificates ◽  
Same Sex ◽  
Same Sex Couples ◽  
Civil Status ◽  
Polish Law

The article concerns the problem of birth certificates of children of same sex couples, which have been transcribed into the Polish register of civil status. Although such transcriptions, after the resolution of the Supreme Administrative Court of 2.12.2019, seem not to be allowed, a significant number of foreign certificates had already been transcribed beforehand. The author argues that there are limited grounds to eliminate such acts from the Polish register. Especially in cases, in which the transcribed birth act — generated in Poland — names the woman who gave birth to the child (which woman is always considered to be the mother according to Polish law), such acts can properly fulfill their role by proving the fact of the child’s birth and by explaining the motherhood. The fact that the other parent (of the same sex) is not mentioned at all or is mentioned only in an annotation to a birth act can be well reconciled with the rules of the Polish law.

The First Amendment, Varieties of Neutrality, and Same-Sex Marriage

2009 ◽  
Vol 2 (3) ◽  
pp. 353-377
Author(s):  
Emily R. Gill
Keyword(s):  
Public Policy ◽  
Sexual Orientation ◽  
First Amendment ◽  
Religious Belief ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Beliefs And Practices ◽  
Free Exercise ◽  
Same Sex Couples ◽  
Free Exercise Of Religion

AbstractThis article compares the difficulty in achieving a public stance of neutrality toward sexual orientation with the difficulty in achieving neutrality toward religious belief. Strict separation treats religion as a private commitment, with firm limits on government cooperation with religion and strong protection for free exercise. Formal neutrality discounts religion as a basis either for conferring special benefits or for withholding generally available benefits. Positive neutrality attends to the practical effects of public policy, sometimes requiring an abandonment of nonestablishment in favor of policies that allow for greater protection for free exercise of religion. I argue that none of these forms of neutrality establishes impartiality regarding either religious belief or same-sex marriage. First, Michael McConnell's “disestablishment” approach to sexual orientation and same-sex marriage instantiates are neither neutrality nor civic equality. Second, while formal neutrality may render an establishment more inclusive, it may exclude those whose beliefs and practices are not deemed in accordance with public purposes. Third, although positive neutrality may remove burdens from same-sex couples whose conscientious convictions may impel them to marry, it may still favor some kinds of practices over others.

scholarly journals Current Situation of Homoparental Adoption in Latin America: A Bioethical Problem of Discrimination, Rights and Social Justice

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Ana Violeta Trevizo
Keyword(s):  
Social Justice ◽  
Latin America ◽  
Current Situation ◽  
Social Awareness ◽  
Same Sex ◽  
Public Discussion ◽  
The Public ◽  
Same Sex Couples ◽  
Bioethical Education

This article raises the current situation of homoparental adoption in Latin America. The problem of discrimination-exclusion and social justice. This work exposes the need to integrate the secular bioethical perspective in the public discussion and the contrast of conservative and liberal arguments on homoparental adoption. Likewise, the article exposes the urgent need to legislate in favor of children and not against same-sex couples or gay individuals who are trying to adopt. We recommend the promotion of bioethical education and social awareness to prevent violence and discrimination against vulnerable minorities through the teaching and practice of tolerance, respect, dialogue, and the bioethical principles of non-maleficence, dignity, integrity, and vulnerability.

scholarly journals Hungarian law and practice of civil partnerships with special regard to same-sex couples = Das Ungarische recht und praxis von lebenspartnerschaften mit besonderer rücksicht auf gleichgeschlechtliche paare

2017 ◽  
Vol 9 (2) ◽  
pp. 278
Author(s):  
Ádám Fuglinszky
Keyword(s):  
Human Reproduction ◽  
Same Sex ◽  
Special Regard ◽  
Same Sex Couples ◽  
Registered Partnership ◽  
Civil Status ◽  
Factual Question ◽  
The Right ◽  
Property Regime ◽  
Bürgerliches Gesetzbuch

Abstract: Cohabitation is a factual question in Hungarian law (living in a financial and emotional community in a common household), it does not constitute civil status, and is extended to same-sex couples, too. The default property regime is “participation of acquisitions.” While the constitutional notion of marriage in Hungary covers the conjugal union of a man and a woman, registered partnership (reserved for same-sex couples) has existed since 2009, the latter constitutes a civil status and has the same legal effects as marriage except the presumption of paternity, the possibility of joint adoption and of taking part in artificial human reproduction, and the right to use each other’s name or a joint family name. The default property regime is “community of property”.Keywords: cohabitation, same-sex couples, registered partnership, Hungary, civil code.Abstrakt: Lebensgemeinschaft ist eine faktische Frage im Ungarischen Recht (man lebt in einer wirtschaftlichen und emotionalen Gemeinschaft im gemeinsamen Haushalt zusammen), sie schafft keinen Personenstand/Zivilstand und ist auch für gleichgeschlechtliche Paare zugänglich. Der gesetzliche Güterstand ist die Zugewinngemeinschaft. Während der verfassungsrechtliche Begriff der Ehe in Ungarn auf die eheliche Lebensgemeinschaft von Mann und Frau beschränkt ist, existiert seit 2009 die eingetragene Lebenspartnerschaft, welche für gleichgeschlechtliche Paare vorbehalten ist. Dieser schafft zivilrechtlichen Status (Personenstand) und hat dieselben Rechtsfolgen wie eine Eheschließung, ausgenommen die Vermutung der Vaterschaft, das Recht auf die gemeinsame Adoption eines Kindes oder auf die gemeinsame Unterziehung einer künstlichen Befruchtung, sowie das Recht, den Namen des/der anderen Partner(s) oder einen gemeinsamen Familiennamen anzunehmen. Der gesetzliche Güterstand ist die Ehegütergemeinschaft.Stichwörter: Lebenspartnerschaft, gleichgeschlechtliche Paare, eingetragene Lebenspartnerschaft, Ungarn, Bürgerliches Gesetzbuch

scholarly journals ‘It's Made a Huge Difference’: Recognition, Rights and the Personal Significance of Civil Partnership

2007 ◽  
Vol 12 (1) ◽  
pp. 129-139 ◽  
Author(s):  
Beccy Shipman ◽  
Carol Smart
Keyword(s):  
Legal Rights ◽  
Same Sex ◽  
The Public ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Personal Significance ◽  
Political Debates ◽  
The Everyday ◽  
Public Debates ◽  
Decision Making Processes

In this paper we map briefly some of the arguments around the meaning and significance of the introduction of Civil Partnership in England and Wales, and in this way show how contested these meanings are with some groups profoundly against this legal reform and others supporting it, but for a mixture of reasons. We then turn to our empirical data based on interviews with same-sex couples to explore the extent to which these arguments and issues are part of the everyday decision making processes of same sex couples who have decided to register their partnerships or to undergo a commitment ceremony of some kind. In doing this, we were interested in how people make their own meanings (if they do) and whether they actually frame important decisions in their lives around the ideas that are part of the current political debates. We are interested in whether the public debates (such as legal equality) are featured in the accounts of our interviewees but we are also concerned to reveal whether other issues are important to same sex couples when they decide to have their relationship publicly recognised in some way. We found for example that while equality and legal rights were important, love, commitment and respect from wider family featured just as strongly in people's accounts.

The Legal Recognition of Same-Sex Couples—The French Perspective

2002 ◽  
Vol 51 (2) ◽  
pp. 305-324 ◽  
Author(s):  
Claudina Richards
Keyword(s):  
General Public ◽  
Public Debate ◽  
Nordic Countries ◽  
The Political ◽  
Same Sex ◽  
Legal Recognition ◽  
The Public ◽  
Same Sex Couples ◽  
Gay Pride ◽  
Legislative Reforms

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.

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