Developments in the U.S. - The Struggle Over the Creation of a Status for Same-Sex Partners

2005 ◽  
Author(s):  
J. Thomas Oldham
Keyword(s):  
Same Sex ◽  
2003 ◽  
Vol 29 (1) ◽  
pp. 31-44
Author(s):  
Roderick T. Chen ◽  
Alexandra K. Glazier

As more same-sex couples enter into civil unions and domestic partnerships, the courts and other institutions are beginning to consider the implications of these partnerships in several areas of the law. A Georgia appeals court, for example, recently published the first opinion addressing this issue, ruling that a civil union of two women, obtained in Vermont, was not equivalent to a marriage for the purposes of interpreting a child custody agreement entered into in Georgia. As many observers predicted, the enactment of legislation recognizing same-sex partnerships has profound implications on the practice of family law, trust and estate law and healthcare law.This Article focuses on an area of healthcare law in which the legal status of a civil union or domestic partnership could have significant consequences—organ donations. In particular, it explores whether a civil union or domestic partner is an appropriate party to consent to an organ donation.


Author(s):  
Hui Liu ◽  
Ning Hsieh ◽  
Zhenmei Zhang ◽  
Yan Zhang ◽  
Kenneth M Langa

Abstract Objectives We provide the first nationally representative population-based study of cognitive disparities among same-sex and different-sex couples in the United States. Methods We analyzed data from the Health and Retirement Study (2000–2016). The sample included 23,669 respondents (196 same-sex partners and 23,473 different-sex partners) aged 50 and older who contributed to 85,117 person-period records (496 from same-sex partners and 84,621 from different-sex partners). Cognitive impairment was assessed using the modified version of the Telephone Interview for Cognitive Status. Mixed-effects discrete-time hazard regression models were estimated to predict the odds of cognitive impairment. Results The estimated odds of cognitive impairment were 78% (p < .01) higher for same-sex partners than for different-sex partners. This disparity was mainly explained by differences in marital status and, to a much lesser extent, by differences in physical and mental health. Specifically, a significantly higher proportion of same-sex partners than different-sex partners were cohabiting rather than legally married (72.98% vs. 5.42% in the study sample), and cohabitors had a significantly higher risk of cognitive impairment than their married counterparts (odds ratio = 1.53, p < .001). Discussion The findings indicate that designing and implementing public policies and programs that work to eliminate societal homophobia, especially among older adults, is a critical step in reducing the elevated risk of cognitive impairment among older same-sex couples.


Author(s):  
Michael J. Rosenfeld

The Rainbow after the Storm tells the story of the rapid liberalization of attitudes toward gay rights that made same-sex marriage the law of the U.S. sooner than almost anyone thought was possible. The book explains how and why public opinion toward gay rights liberalized so much, while most other public attitudes have remained relatively stable. The book explores the roles of a variety of actors in this drama. Social science research helped to shift elite opinion in ways that reduced the persecution of gays and lesbians. Gays and lesbians by the hundreds of thousands responded to a less repressive environment by coming out of the closet. Straight people started to know the gay and lesbian people in their lives, and their view of gay rights shifted accordingly. Same-sex couples embarked on years-long legal struggles to try to force states to recognize their marriages. In courtrooms across the U.S. social scientists behind a new consensus about the normalcy of gay couples and the health of their children won victories over fringe scholars promoting discredited antigay views. In a few short years marriage equality, which had once seemed totally unrealistic, became realistic. And then almost as soon as it was realistic, marriage equality became a reality.


2018 ◽  
Vol 38 (11/12) ◽  
pp. 973-981
Author(s):  
Danielle Xiaodan Morales

Purpose Quantitative research on the segregation of same-sex partners in the USA is new, and limited by challenges related to the accurate measurement of segregation and data errors. The purpose of this paper is to provide a novel approach to re-examine residential segregation between same-sex partners and different-sex partners in the USA. Design/methodology/approach Two versions of the dissimilarity index and corrected same-sex partners data from the 2010 decennial census were used. Effects of different geographic scales were examined. Findings Results reveal that the levels of segregation of both male and female same-sex partners were higher at metropolitan- vs state-levels; the levels of segregation was lower when measured using the unbiased as compared to the conventional version of the D-index; and male same-sex partnered households were more segregated from different-sex partnered households than were female same-sex partnered households. Research limitations/implications Future studies should be attuned to geographic scale effects and should not ignore the bias of the D-index. Originality/value This study provides a better test of the differences between the two versions of the D-index and contributes to the literature by examining the segregation of both male same-sex partners and female same-sex partners across different geographic scales.


Author(s):  
Amy Spring

AbstractFrom 2000 to 2010, the segregation of male same-sex couples from different-sex couples declined in almost all of the nation’s largest cities. This trend toward a more even distribution of male same-sex couples across city neighborhoods calls into question the demographic future of gay neighborhoods. However, it is unclear how exactly male same-sex couples are spatially reorganizing within desegregating cities. Multiple processes could be driving declining segregation, including declining shares of same-sex households within gay neighborhoods, the emergence of gay neighborhoods in new parts of the city, and/or a general dispersal of same-sex couples to almost all neighborhoods. Moreover, it is unclear what characteristics—like urbanicity, housing values, or racial/ethnic composition—define neighborhoods that have gained (or lost) same-sex partners. This chapter uses data from the 2000 and 2010 Decennial Censuses to investigate neighborhood-level changes within desegregating cities. The small number of increasingly segregated cities are also explored. Results indicate that increasing representation of male same-sex households across most neighborhoods and an expanding number of gay neighborhoods are important contributors to the trend of declining segregation. In contrast, the loss of gay neighborhoods from a city was fairly uncommon—most neighborhoods that obtained large concentrations of same-sex partners tended to keep those concentrations over time. Finally, the same residential expansion of same-sex households that occurred within desegregating cities did not occur in cities that experienced increasing segregation. These results have important implications for the spatial organization of same-sex households into the future. The chapter concludes with a discussion and critique of census data for the continued study of the geography and segregation of same-sex partners.


Temida ◽  
2009 ◽  
Vol 12 (1) ◽  
pp. 47-68
Author(s):  
Zorica Mrsevic

The year 2008 by all means will be remembered by several events, which contributed to significant progress in the domain of legal recognition of various aspects of same sex communities. There were also several initiatives contributing to making the political will necessary for legal changes. The most visible one probably was the May recognition of same sex marriage by the Supreme Court of California, which was valid only 5 months before it was cancelled by the referendum held in November 2008. Since this American state has 38 million inhabitants, more than the whole Balkan region, the event was visible by the whole world. The paper provides further analysis of mostly European events, e.g. decisions of European courts in Strasbourg and Luxembourg, political interventions by the EU Parliament Intercrop, releases of the ILGA-Europe, gay pride marches, other public activities, e.g. exhibition in the EU Parliament regarding the International Day of Human Rights, adoption of various documents relevant for the EU member states and permanent changes in internal legal provisions of the member states. The UN Declaration against discrimination on the ground of sexual orientation and gender identity concluded the year. The paper also comprises analysis of a few typical cases of implementation of family relations among same sex partners.


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