Better than Traditional Marriage?: The Bankruptcy Benefits to a Divorcee Following a Same-Sex Marriage, Domestic Partnership, or Civil Union

2011 ◽  
Author(s):  
Peter C. Alexander
Keyword(s):  
Same Sex ◽  
Same Sex Marriage ◽  
Civil Union ◽  
Domestic Partnership ◽  
Traditional Marriage ◽  
Better Than

scholarly journals 權利與善——論同性婚姻

2018 ◽  
Vol 16 (2) ◽  
pp. 99-114
Author(s):  
Xudong FANG
Keyword(s):  
Human Rights ◽  
Equal Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Digital Commons ◽  
Reductio Ad Absurdum ◽  
Traditional Marriage ◽  
Heterosexual Marriage ◽  
The Ideal

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文由兩個部分構成，第一部分闡述了不反對同性婚姻合法化的理由，逐一討論了對同性婚姻合法化的五種反對意見，認為它們都不成立。第二部分論述了儒家推崇異性婚姻的原因，其主要考慮是同性婚姻不能像異性婚姻那樣可以提供倫理的完整性。作者強調，作為公民權利，同性婚姻可以被自由追求，但作為儒家則以異性婚姻為婚姻的理想模式。前者事關權利，後者事關“善”，有各自的界限，不得逾越。This paper consists of two parts. In the first part, the author refutes, one by one, five objections to the legalization of same-sex marriage, including arguments grounded in naturalness, origin, reductio ad absurdum, compromising traditional marriage, and Jiang Qing’s doctrine of particular human rights. The strongest reason for advocating the legalization of same-sex marriage is the doctrine of equal rights. As contemporary people, we have no reason to deny that all individuals have equal rights. The second part discusses why Confucianism prefers heterosexual marriage. The main consideration is that same-sex marriages cannot provide ethical integrity, as heterosexual marriages do. The author emphasizes that, as a civil right, same-sex marriage can be pursued freely, but for a Confucian, heterosexual marriage is the ideal mode of marriage. The former concerns what is “right,” whereas the latter relates to what is “good.” There is an insurmountable boundary between right and good.DOWNLOAD HISTORY | This article has been downloaded 423 times in Digital Commons before migrating into this platform.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

scholarly journals Sacralizing Liberals and Fair-Minded Conservatives: Ideological Symmetry in the Moral Motives in the Culture War

2017 ◽  
Author(s):  
Jeremy Abraham Frimer ◽  
Matt Motyl ◽  
Caitlin E. Tell
Keyword(s):  
Policy Implications ◽  
Culture War ◽  
Same Sex ◽  
Moral Issues ◽  
Same Sex Marriage ◽  
Oil Pipeline ◽  
Corporate Rights ◽  
The Earth ◽  
Traditional Marriage ◽  
Keystone Xl

Political arguments may endure seemingly into perpetuity because the conflicted combatants view the issues in different ways, with one side decrying unfairness and the other side decrying attacks on the sacrosanct. We tested whether both conservatives and liberals rely on protecting the sacrosanct when justifying their attitudes on some contentious moral issues. In 4 studies, we examine how liberals and conservatives justify their political attitudes on the issues of same-sex marriage and the Keystone XL oil pipeline. Liberals supported same-sex marriage rights primarily in the name of fairness and equality; conservatives primarily opposed same-sex marriage rights as a matter of protecting the sanctity of traditional marriage. Symmetrically, liberals primarily opposed the development of the Keystone XL oil pipeline as a matter of protecting the sanctity of the Earth; conservatives supported the development of the pipeline as a matter of promoting fairness (e.g., corporate rights; as well as citing economic and foreign policy implications). Like conservatives, liberals also bring sacred thinking to moral issues. The culture war is mired in stalemate partly because each side considers some matters to be sacrosanct, and other matters as suitable for revision in the name of fairness.

Family-Making and Citizenship

2020 ◽  
pp. 23-48
Author(s):  
Sandra Patton-Imani
Keyword(s):  
Lived Experience ◽  
Social Institutions ◽  
Child Welfare System ◽  
Welfare System ◽  
Government Agencies ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Federal Laws ◽  
Domestic Partnership ◽  
Gain Access

I draw on the voices of the mothers we interviewed to discuss the lived experience of citizenship exploring in particular, the ways a range of lesbian-headed families have been positioned in a context of inconsistent and swiftly changing laws regulating same-sex marriage and adoption. I consider citizenship and belonging through parents’ stories about interacting with social institutions (e.g., churches), government agencies (e.g., the Veteran’s Administration), state and federal laws governing marriage and domestic partnership, and the child welfare system (e.g., transracial adoption). I conclude with a structural critique of marriage as a patriarchal institution, grounded in the voices of mothers I spoke with. Through this discussion of citizenship, I explore the complexities of embracing a systemic criticism of marriage, while simultaneously desiring the legalization of same-sex marriage in order to gain access to family protections.

Marriage as a Violation of Equality

2017 ◽  
Author(s):  
Clare Chambers
Keyword(s):  
Historical Overview ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Civil Union ◽  
Women's Equality

This chapter makes the foundational egalitarian case against marriage. It starts with a historical overview of feminist objections to marriage. Marriage undermines women’s equality both practically and symbolically. Feminists criticize marriage for being both sexist and heterosexist. This two-pronged attack looks puzzling. How can it be both bad for women to be married and bad for lesbians and gays to be unmarried? The discussion continues with an analysis of whether same-sex marriage is egalitarian. It concludes that, in a marriage regime, same-sex marriage is both required by and insufficient for equality. Finally, the chapter argues that reformed versions of marriage such as civil union still enact inequality between those who have and those who lack the relevant status. It follows that the abolition of state-recognized marriage best meets the myriad egalitarian objections to the institution.

The invention of tradition: Same-sex marriage and its discontents in Hong Kong

2020 ◽  
Vol 18 (2) ◽  
pp. 539-562
Author(s):  
Marco Wan
Keyword(s):  
Hong Kong ◽  
Sexual Orientation ◽  
Gay Rights ◽  
Civil Servant ◽  
Marriage Equality ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Tax Assessment ◽  
Traditional Marriage ◽  
The Government

Abstract In Leung Chun Kwong v. Secretary for the Civil Service, the Hong Kong Court of Final Appeal held that the government unlawfully discriminated against a gay civil servant by refusing to recognize his same-sex marriage—entered into abroad—when considering the granting of local spousal benefits and joint tax assessment. The year before, in QT v. Director of Immigration, the court had ruled against the government for denying the partner of a British lesbian a dependant visa on the basis of her sexual orientation. QT and Leung Chun Kwong are landmarks in the rapidly evolving jurisprudence on same-sex marriage in the territory. This article presents an analysis of the Hong Kong cases relating to gay rights and same-sex marriage. It contends that, even though the need to protect traditional marriage is cited as a reason against marriage equality in many jurisdictions, the claim is particularly problematic in Hong Kong, given the city’s unique marriage history. It draws on the historian Eric Hobsbawm’s notion of “the invention of tradition” to argue that the rhetoric of traditional marriage conjures up an imagined past that displaces a vast and varied set of long-standing marital practices. By exploring government reports and records pertaining to Chinese marriages in colonial Hong Kong, this article then examines these forgotten traditions and demonstrates their significance for understanding the marriage equality debate in the territory in our own time.

“THIS MAN IS MY WIFE”: THE SAME-SEX MARRIAGE PROHIBITION ACT OF 2014 IN NIGERIA

2021 ◽  
Vol 36 (1) ◽  
pp. 92-104
Author(s):  
Habibat Oladosu-Uthman
Keyword(s):  
Human Rights ◽  
African Continent ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Western Modernity ◽  
Nigerian Government ◽  
Traditional Marriage

AbstractThe increased visibility of same-sex relationships and the call for same-sex marriages have been particular challenges to the traditional marriage system in Africa in the contemporary period. While some critics have argued, erroneously, that same-sex relationships were completely unknown to the African continent until the advent of Western modernity, others have suggested that the practices speak to a greater malaise confronting African societies. Nigeria is not an exception in this case. In light of these trends, this article examines the Same-Sex Marriage Prohibition Act, which was promulgated by the Nigerian government in 2014 and has since led to infractions upon the human rights of citizens in same-sex relationships. The article examines these developments around same-sex relationships in the context of wider social and economic challenges to the traditional marriage institution in Nigeria.

Bermuda same-sex rights reversal prompts controversy

2018 ◽  
Keyword(s):  
Court Ruling ◽  
Cruise Ship ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Content Type ◽  
Opposite Sex ◽  
The Caribbean ◽  
Domestic Partnership ◽  
Domestic Partnerships ◽  
Domestic Affairs

Subject The reversal of same-sex marriage legislation. Significance On February 7, the governor of Bermuda, John Rankin, approved the Domestic Partnership Act, which banned same-sex marriage in the British Overseas Territory (OT) just months after it had been legalised through a local court ruling. The Act provides for domestic partnerships for both same-sex and opposite-sex couples. The legislation and the British governor’s assent to it provoked a storm of controversy, as Bermuda became the first jurisdiction to remove the legal right to marriage after it had been granted. Impacts The move may affect the business of some cruise ship companies registered in Bermuda. London will remain unwilling to interfere in the domestic affairs of autonomous OTs. The new Act will feed into rising debates over same-sex marriage and LGBT rights in Latin America and the Caribbean.

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