Sacred Spaces,Sacred Words: Religion and Same‐sex Marriage in England and Wales

This article provides an analysis of the ways in which the spatial and illocutionary requirements of English marriage law – which regulate the spaces in which marriages may be solemnized and the words the parties being married must speak – have been used to maintain distinctions between same‐sex and opposite‐sex couples. It shows how religious opponents of same‐sex partnership recognition have relied upon historically entrenched differences between the spatial and illocutionary aspects of ‘civil marriage’ and ‘religious marriage’ to argue in favour of the enactment of law that enables organized religions to exclude same‐sex couples from religious premises and ceremonies that are open to opposite‐sex couples for the purpose of solemnizing marriage. It extends recent international debates about how faith‐based discrimination against same‐sex couples is accommodated by legislators and legitimized by law, and concludes with a consideration of how English law could be amended to end discrimination based on sexual orientation.     

CHILDREN OF SAME‐SEX PARENTS DESERVE THE SECURITY BLANKET OF THE PARENTAGE PRESUMPTION*

This article considers what rights are important to children of same‐sex couples, and concludes that these children must be protected by the presumption of parentage. In reaching this conclusion, the article first analyzes the limited protections currently provided to children of same‐sex couples. It then concludes that there is no persuasive reason to treat these children differently from children of “traditional” heterosexual marriage. As such, the parentage presumption should apply equally to children born of a same‐sex marriage, domestic partnership, or civil union, as well as to children who live with a same‐sex partner in a parent‐child relationship. Only with such broad protection can these children receive the economic and psychological support that they deserve.     

DOMESTIC VIOLENCE IN SAME‐GENDER RELATIONSHIPS

Physical violence occurs in 11–12% of same‐gender couples, which suggests that domestic violence is an abuse of power that can happen in any type of intimate relationship, regardless of gender or sexual orientation. Although incidents of violence occur at the same rate in same‐gender couples and cross‐gender couples, the violence appears to be milder in same‐gender couples and it is unclear what percentage of same‐gender violence should be characterized as abuse or intimate terrorism. Same‐gender victims also suffer from the additional stress of severe isolation and the abuser's threats to expose the victim's sexual orientation in a hostile manner.     

Who's Your Daddy?: The Marital Presumption of Legitimacy in the Modern World and its Application to Same‐Sex Couples

Recently, the definition of marriage has been significantly altered. No longer do we find ourselves exclusively in the midst of “traditional marriage” between one man and one woman. Instead, everywhere we experience different kinds of marriages and diverse, nontraditional families. The United States has finally caught up to many advanced democracies in universally recognizing same‐sex marriage through the Supreme Court's decision in Obergefell v. Hodges. However, the next question remains unanswered: what about families of same‐sex couples? This Note explores the nature of same‐sex couples, their families, and in particular, their children. It addresses the issue of the marital presumption of legitimacy and encourages its application to all legally recognized married couples regardless of sexual orientation and biology. Even though prior to Obergefell some states were unwilling to apply the presumption, since the implementation of marriage equality, the next logical step would be to utilize the presumption to ensure that all parents, regardless of gender, are recognized and families are preserved.     

SAME‐SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same‐sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same‐sex marriage, the first in the U.S. Now that same‐sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same‐sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same‐sex marriage, to specifically determine child custody agreements upon divorce.     

Adoption,Homosexuality and the European Convention on Human Rights: Gas and Dubois v France

On 15 March 2012 the European Court of Human Rights (the Court) issued its first judgment addressing the differential treatment of same‐sex and opposite‐sex couples in respect of the adoption of a child. 1 The Court held that excluding same‐sex couples in civil partnerships, who have no legal right to marry, from adoption provisions available to married opposite‐sex couples does not violate rights guaranteed by the European Convention on Human Rights (the Convention). I argue that the Court's reasoning in Gas and Dubois v France is unpersuasive and unsustainable in light of its wider case law.     

Accommodating Intersexuality in European Union Anti‐Discrimination Law

This article considers the relationship between EU anti‐discrimination law and intersexuality. Recent changes in German legislation that recognise intersexuality have prompted consideration of sex and gender throughout Europe. This article considers some of the disadvantages in the way the German legislation has been adopted and attempts to remedy them through the existent Recast Directive. The article rejects the current binary approach to sex and gender and recommends a broader interpretation that understands sex as a spectrum or continuum. It concludes that anti‐discrimination law may be a more suitable realm for questions of intersex to be raised than mandatory state documentation. Anti‐discrimination law is preferable, it is submitted, because it offers individuals an opt‐in model, which does not require any medical ‘proof’. Similarly, anti‐discrimination law offers activists a fluid site of resistance that is not based on medicine or the potential fixity of the birth certificate.     

Household dissolution, child care and divorce law

This paper sets up a model of household dissolution in which one party decides to leave a household that contains children. We study the effects of divorce law on this decision and, in particular, the role of legal provisions governing the post-dissolution care of the household’s children. In particular, we show that there is an inevitable tension between achieving efficiency in marriage and at the same time achieving efficiency in divorce.     

Punishing Sex: Sex Offenders and the Missing Punitive Turn in Sexuality Studies

At precisely the same time that gay and lesbian activists were securing marriage rights for same‐sex couples nationwide, courts and “tough on crime” state legislatures were devising new ways to regulate sex. Despite recent estimates that over 750,000 Americans are registered sex offenders, few sexuality scholars have examined the growth of punitive policies regulating sex offenders. In this article, I draw on a unique set of data on the population of sex offenders in the United States to analyze: (1) whether recent trends in sex offender registration mirror those of corrections more generally, and (2) whether these policies disproportionally impact racial minorities. Findings reveal that sex offender registries grew dramatically between 2005 and 2013; that this growth is out of step with concurrent trends in corrections; and that black communities are disproportionately impacted. I conclude by considering whether these data reveal a new mode of “governing through crime” specifically targeting sex.

相似文献   

Pacs Seven Years on: is it Moving Towards Marriage?

The French government has recently taken advantage of the reformof the law of succession (June 23, 2006) to reform the Pactecivil de solidarité which allows for a form of civilpartnership between two adults (same sex and opposite sex) andprovides a legal status for their relationship. The introductionof Pacs in 1999 was controversial but since then it has becomepopular, mainly with heterosexual couples. Gradually same-sexcouples are being granted more rights and heterosexual couplesare taking advantage of these changes so that the institutionmight be seen as becoming closer to marriage. This article arguesthat, while the flexibility of Pacs should remain for thosewho do not want commitment, a legal status should be createdfor same sex couples which would give them the same rights andprotections as a married couple.     

“I WANT MY MOMMIES”: THE CRY FOR MINI‐DOMAS TO RECOGNIZE THE BEST INTERESTS OF THE CHILDREN OF SAME‐SEX COUPLES*

In child custody cases, courts will look to the best interests of a child to maintain visitation/custody rights only with the child's biological parent, not third parties. However, with a same‐sex couple, it is inevitable that one parent will not be the biological parent. Thus, when that parent is in a mini‐DOMA state, where same‐sex couples from non‐mini‐DOMA states do not have to be recognized, that parent will be viewed as a third party and lose all visitation/custody rights if the couple separates. This note advocates that mini‐DOMAs allow both the biological and nonbiological parents of a same‐sex couple to have visitation/custody rights of their children if it would be in the best interest of the children to do so.     

MARRIAGE IN CANADA—EVOLUTION OR REVOLUTION?*

On July 20, 2005, the Canadian Civil Marriage Act became law, extending equal access to civil marriage to same‐sex couples while respecting religious freedom. This article briefly traces the distinctive juridical factors that have contributed to the legislation: the constitutional comity or dialogue among Parliament, the courts and the people resulting from the constitutional entrenchment of a Charter of rights and freedoms; the growth of the substantive concept of equality in Canadian law; and the impact of the constitutional division of powers and the nature of Canadian federalism. Together, these factors contributed to a constructive debate centered on respect for diversity.     

Public Reason Liberalism and Sex‐Neutral Marriage A Response to Francis J. Beckwith

This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same‐sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same‐sex partners. In correcting these flaws I tentatively propose a Voltairean argument in favour of same‐sex civil marriage for those citizens with moral qualms about same‐sex relationships derived from their reasonable comprehensive doctrine.     

A Rigorous Quasi‐Experimental Design to Evaluate the Causal Effect of a Mandatory Divorce Education Program

All couples with minor children who filed for divorce within a specific 6‐week period (N = 191 couples) in one jurisdiction were ordered to attend a divorce education program. The control group included about 20 couples randomly selected from each of six 6‐week intervals before and six 6‐week intervals after the treatment interval (N = 243 couples). Archival records were searched for variables such as legal and residential custody award, visitation percentage, and relitigation. The impact of the program was assessed by evaluating, for each variable, whether the data for program interval departed from the straight (regression) line drawn through all the control group intervals. Only the visitation time award significantly differed: 27.75% for treatment couples and 22.46% for control couples. Analyses show that the father's attendance at the program primarily accounts for the difference.

Key Points for the Family Court Community
• There are considerable methodological weaknesses in most of the existing evaluations of divorcing parent education programs.
• Stronger, more scientifically rigorous—and thus persuasive—designs are possible in court settings, such as the regression discontinuity quasi‐experimental design we feature here.
• Archival records, such as various court filings, are a rich and relatively untapped source of data.
• Being mandated to attend a single 2‐hour divorcing parent education class caused an increase in the visitation time award in divorce decrees.
• There is a disconnect between being mandated by a judge to attend a program and actual attendance.

     

Blood Will Not Justify My Relation: Same‐Sex Couples and their Battle for Standing as De Facto Parents

A parent's right to maintain a relationship with his/her child lies within the Fourteenth Amendment of the U.S. Constitution; however, this right does not apply to every type of parent. Although the U.S. Supreme Court granted same‐sex couples the right to marry, they still face parental rights issues when their child(ren) are nonbiological or nonadoptive because they lack standing for custody and/or visitation as de facto parents. Moreover, the rise of nontraditional same‐sex‐couple families has been placing states in a predicament, and the lack of uniform rights for de facto parents creates great inconsistency across the United States. The creation of a uniform statute with specific elements distinguishing de facto parents from mere caretakers will grant same‐sex nonbiological parents standing and create uniformity across the United States.     

An Exploratory Study of Custody Challenges Experienced by Affirming Mothers of Transgender and Gender‐Nonconforming Children

Family courts have lacked familiarity with evidence‐based recommendations regarding the best interests of transgender and gender‐nonconforming (TGNC) children, resulting in some affirming parents losing physical and/or legal custody. This exploratory, qualitative study with 10 affirming mothers of TGNC children who had experienced custody‐related challenges reported on salient themes, including “blame” for causing children's gender nonconformity, coercion by ex‐partners, bias in the courts, negative impact on children, emotional and financial toll on participants, and the critical importance of adequate resources. Findings indicate the need for better‐educated family court professionals, as well as socioemotional support and financial and legal assistance for affirming parents of TGNC children.     

THE EVOLUTION—OR END—OF MARRIAGE?: REFLECTIONS ON THE IMPASSE OVER SAME‐SEX MARRIAGE

The debate over legalizing same‐sex marriage implicates the question of whether doing so would signal the end—or destruction—of the institution of marriage. The appeal to preserving a millennia‐old tradition of marriage against change fails to reckon with the evolution that has already occurred. Invocations of gender complementarity between parents as essential to child well‐being also conflict with growing recognition in family law that children's best interests can be served by gay and lesbian parents. Canada's path toward same‐sex marriage suggests that impasse need not be inevitable. In the United States, this impasse stems in part from the problem that same‐sex marriage serves as an emblem of everything that threatens marriage.     

Will She Stay or Will She Go? Career Ceilings and Women's Retirement from the U.S. Congress

This article offers the first broad‐based, systematic, times‐series assessment of the gender dynamics underlying congressional retirement. We extend the body of work on gender and representation by using the congressional retirement literature to develop an argument that accounts for the gender gap in the average length of congressional service. Our results indicate that women are less willing than men to remain in Congress when their ability to influence the legislative agenda stalls. Because of women's relatively early departures from the House of Representatives, our analysis suggests that prospects for women's representation are less promising than the conventional wisdom suggests.     

Evaluation of Topics in Utah's ONE‐HOUR Divorce Education Program

Divorce education programs are mandatory in most states. Despite the ongoing debate in the field regarding the appropriate duration of these programs, the goal of the current study was to identify the following five content areas in divorce education that may be most relevant for predicting favorable outcomes: (1) impact of divorce on children, (2) impact of divorce on family relationships, (3) financial responsibilities of divorcing parents for children, (4) benefits of positive coparenting, and (5) impact of domestic violence on children and family relationships. Using divorcing parents' self‐reported data (N = 3,275) from a one‐hour online divorce education program in Utah, we examined participants' post‐divorce intentions to treat each other respectfully, especially in front of the child(ren), and engage in positive coparental practices. The results showed that the program was effective in obtaining these objectives. We discuss these findings in depth and offer suggestions for future programs.     

TWENTY‐FIRST CENTURY PINK OR BLUE: HOW SEX SELECTION TECHNOLOGY FACILITATES GENDERCIDE AND WHAT WE CAN DO ABOUT IT

In the midst of a genetic revolution in medicine, Assisted Reproductive Technology (ART) has become a well‐established technique to help infertile women achieve pregnancy. But many women are now turning to ART not just to circumvent infertility, but consciously to shape their families by determining the sex of their children. Many patriarchal cultures have a gender preference for males and to date have used technological advances in reproductive medicine to predetermine the sex of the child being born. Women have sought sex‐selective abortions, where the pregnancy was being terminated solely on the basis of the sex of the unborn fetus. The combination of ART advances and gender preference has led to the disappearance of at least 100 million girls from the world's population leading to a mass gendercide. This article examines the societal impact of unbalanced gender ratios and the need to regulate sex selection to avoid nations of bachelors.