The Social Science of Same-Sex Marriage

2021 ◽  
Author(s):  
Aaron Hoy
Keyword(s):  
Social Science ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Social

Perry and Windsor

2021 ◽  
pp. 147-155
Author(s):  
Michael J. Rosenfeld
Keyword(s):  
Social Science ◽  
Federal Government ◽  
Federal Court ◽  
Court System ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Social ◽  
Legal Challenges ◽  
Tax Benefits

A 2010 federal trial in California, Perry v. Schwarzenegger, ruled that Proposition 8 was unconstitutional and showed that the expert witnesses brought in to testify against marriage equality were either unconvincing or entirely lacking in credibility. Perry was a triumph for the social science consensus supporting gay rights. Moving up the federal court system at the same time was Edith Windsor’s challenge to DOMA, which prevented the federal government from recognizing Windsor’s marriage to Thea Spyer, and therefore prevented Windsor from enjoying the estate tax benefits that married heterosexual couples enjoy. The 2013 U.S. v. Windsor decision overturned a key provision of DOMA, the federal ban on recognizing same-sex marriages and opened the door to legal challenges to every state ban on same-sex marriage.

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.

‘Belief shifts’: Ireland’s referendum and the journey from Gemeinschaft to Gesellschaft

2017 ◽  
Author(s):  
Eugene O’Brien
Keyword(s):  
Social Relations ◽  
Catholic Church ◽  
Irish Society ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Fantasy Fiction ◽  
The Social ◽  
Organic Community ◽  
German Sociologist ◽  
Definition Of

This chapter examines the implications for Irish Catholicism that the ‘Yes’ vote in the May 2015 referendum on same-sex marriage may have for the social and cultural position of the Catholic church in contemporary Ireland and in the future. His analysis channels the thinking of Ferdinand Tönnies, an early German sociologist and a contemporary of Durkheim and Weber, who used the German words ‘Gemeinschaft’ and ‘Gesellschaft’ to distinguish between two fundamentally different structural paradigms for social relations. O’Brien sees marriage as a core ideological signifier of ideological hegemony, and using the fantasy fiction of Terry Pratchett’s satire on religion entitled Small Gods as a lens, he looks at the referendum as a significant turning point in the definition of marriage, and by extension, in the transformation Irish society from the organic community of the Gemeinschaft, to the more postmodern and pluralist notion of the Gesellschaft.

What Obergefell v. Hodges Should Have Said

2020 ◽  
Keyword(s):  
Social Movement ◽  
Supreme Court ◽  
Constitutional Law ◽  
Gay Rights ◽  
Political Struggle ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Social ◽  
The Right

The authors of this book, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, the book's editor provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how — through legal imagination and political struggle — arguments once dismissed as “off-the-wall” can later become established in American constitutional law.

Marriage Equality

2015 ◽  
Author(s):  
John Dombrink
Keyword(s):  
Gay Rights ◽  
Legal Reform ◽  
Center Of Gravity ◽  
Gay Marriage ◽  
Marriage Equality ◽  
Significant Issue ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Social

This chapter traces the steady and dramatic changes in American attitudes toward, and legal reform of, marriage equality. This is analyzed as an example of the “de-wedging” of one of the key “wedge issues” utilized by the social and religious conservatives from 1980 onward, that of gay rights generally and same-sex marriage specifically. It uses as a touchpoint one analyst’s observation: “It’s hard to imagine a significant issue in which the center of gravity is shifting faster than gay marriage in this country.”

Marriage, Law, and Society: A Tangled Web

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Domestic Violence ◽  
Married Couples ◽  
Social Institution ◽  
Law And Society ◽  
Same Sex ◽  
Economic Rights ◽  
Same Sex Marriage ◽  
Patriarchal Family ◽  
Legal Context ◽  
The Social

This chapter explores marriage in the social and legal context. It looks at who marries, and what marriage seems to mean to them. Marriage is a crucial social institution, and many people bemoan the state of American marriage: opponents of same-sex marriage, supporters of the patriarchal family, anti-divorce moralists, advocates for children, and so on. Marriage may be weaker than before, it may have changed greatly; but it is still fundamental to society and to the lives of people in America. And its consequences reverberate throughout society and the law. Thus the chapter discusses what marriage means in law: the rights and obligations of married couples, including economic rights. It also looks at the darker side of marriage—domestic violence and marital rape.

scholarly journals Preference about Laws for the Legal Recognition of Same-Sex Relationships in Taiwanese People Before and After Same-Sex Marriage Referenda: A Facebook Survey Study

2020 ◽  
Vol 17 (6) ◽  
pp. 2000
Author(s):  
Cheng-Fang Yen ◽  
Nai-Ying Ko ◽  
Yu-Te Huang ◽  
Mu-Hong Chen ◽  
I-Hsuan Lin ◽  
...  
Keyword(s):  
Civil Code ◽  
Survey Study ◽  
Same Sex ◽  
Online Questionnaire ◽  
Same Sex Marriage ◽  
Legal Recognition ◽  
The Social ◽  
Before And After ◽  
Taiwanese People ◽  
Marriage Laws

This study examined the factors related to the preference about laws to legalize same-sex relationships in participants of the first wave of a survey (Wave 1, 23 months before the same-sex marriage referendum) and the second wave of a survey (Wave 2, 1 week after the same-sex marriage referendum) in Taiwan. The data of 3286 participants in Wave 1 and 1370 participants in Wave 2 recruited through a Facebook advertisement were analyzed. Each participant completed an online questionnaire assessing their attitude toward the legal recognition of same-sex relationships, preference about laws to legalize same-sex relationships (establishing same-sex couple laws outside the Civil Code vs. changing the Civil Code to include same-sex marriage laws), belief in the importance of legalizing same-sex relationships, and perceived social attitudes toward the legal recognition of same-sex relationships. The results revealed that those who did not support legalizing same-sex relationships were more likely to prefer establishing same-sex couple laws outside the Civil Code than those who supported the legalization. The form of law preferred to legalize same-sex relationships significantly changed between Wave 1 and Wave 2. Multiple factors, including gender, age, sexual orientation, belief in the importance of legalizing same-sex relationships to human rights and the social status of sexual minorities, and perceived peers’ and families’ attitudes toward the legal recognition of same-sex relationships, were significantly associated with the preference of laws, although these associations varied among heterosexual and non-heterosexual participants and at various stages of the survey.

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