Conflicts of law and the mutual recognition of same-sex unions in the EU

My thesis uses legal arguments to demonstrate a requirement for recognition of same-sex marriages and registered partnerships between EU Member States. I draw on the US experience, where arguments for recognition of marriages void in some states previously arose in relation to interracial marriages. I show how there the issue of recognition today depends on conflicts of law and its interface with US constitutional freedoms against discrimination. I introduce the themes of the importance of domicile, the role of the public policy exception, vested rights, and relevant US constitutional freedoms. Recognition in the EU also depends on managing the tension between private international law and freedoms guaranteed by higher norms, in this case the EU Treaties and the European Convention on Human Rights. I set out the inconsistencies between various private international law systems and the problems this creates. Other difficulties are caused by the use of nationality as a connecting factor to determine personal capacity, and the overuse of the public policy exception. I argue that EU Law can constrain the use of conflicts law or public policy by any Member State where these are used to deny effect to same-sex unions validly formed elsewhere. I address the fact that family law falls only partly within Union competence, that existing EU Directives have had limited success at achieving full equality and that powers to implement new measures have not been used to their full potential. However, Treaty provisions outlawing discrimination on grounds of nationality can be interpreted so as to require recognition in many cases. Treaty citizenship rights can also be interpreted favourably to mandate recognition, once private international law is itself recognised as an obstacle to free movement. Finally, evolving interpretations of the European Convention on Human Rights may also support claims for cross-border recognition of existing relationships.

Gendered (s)explorations among same-sex attracted young people in Australia

This paper seeks to import a more complex understanding of gendered subjectivity into discussions of young people and homosexuality, and is based on an Australian national survey (n=749) of same-sex attracted youth (SSAY) aged between 14 and 21. Results revealed significant gender differences with regard to patterns of sexual attraction, behaviour and identity labels among participants. For the young men in the study, there was more congruence between feelings of gender a-typicality, same-sex attractions and same-sex behaviours. Overall, young women displayed more fluidity with regard to their sexual feelings, behaviours and identities. Young women were more likely to be engaged in private explorations of lesbianism, concurrent with participation in heterosexual sex and relationships. Young women were also grappling with more limited and emotionally risky opportunities for sex with other girls who were already known to them as friends. The invisibility of lesbianism as an identity or practice led to confusion about what feelings meant for the future in the arena of lived experience. The paper concludes that more research is needed into the impact of gender on the development of young people's experiences of homosexuality, particularly the manner in which invisibility and lack of social acceptance of a full spectrum of sexual diversity may disadvantage young women's emotional health and well-being.

Homophobia and the production of shame: young people and same sex attraction

Research among same-sex attracted young people in Western cultures has described a minority group of adolescents whose sexuality is negated by the significant institutions and people in their lives. Very often, there is a silence in the family and at school about same-sex sexuality and when a young person's homosexuality is suspected or disclosed s/he suffers from denial, discrimination and abuse. Not surprisingly, living in hostile environments leaves such young people at high-risk of drug abuse, depression and suicide. This paper describes some of the ways young people resist being positioned in these negative ways. Using autobiographical stories from 200 same-sex attracted young Australians, we document the discursive field of sexuality in which these young people struggle to construct positive identities. Young people were well aware of dominant discourses which characterized homosexuality as 'evil, diseased and unnatural'. Yet they use different strategies to fault, deflect and discount these negative understandings and to highlight other discourse which positions them positively.

Combating homophobia : preliminary results of a school-based program to reduce discrimination against same-sex attracted youth

Two key determinants of mental health are (a) freedom from discrimination and (b) social connectedness. Same-sex attracted youth who are subjected to violence and discrimination, or who experience homophobia in their everyday lives are at greater risk of mental health problems, including suicidal thoughts and behaviours. As one of the most significant sites of homophobia is the school, a 6-week school-based program designed to help students explore their attitudes to gays and lesbians was developed, called “Pride & Prejudice”. In order to evaluate the usefulness of the program, students’ attitudes were measured before and after their participation. Variables assessed were: beliefs about gender roles, social desirability, attitudes to gay men and lesbians, social connectedness, self-esteem, and attitudes to race. Attitudes towards gay men held by students were significantly more positive after the program, and the level of attendance during the program significantly predicted > this change. A significant positive change also occurred in attitudes towards lesbians. Process evaluation showed that students generally viewed the program positively. From this preliminary data, it can be concluded that school-based programs delivered to individual classes in which students are given the opportunity to explore their attitudes towards lesbians and gay men are likely to lead to a significant reduction in homophobia. Health-promoting schools now have available to them an effective tool for promoting opportunities for students to reflect on their attitudes towards gay men and lesbians, and other aspects of “social diversity”. It is hoped that school-wide implementation of such a program will eventually lead to a reduction in the discrimination same-sex attracted youth often experience (either directly, or indirectly), and improve the social-connectedness of all students.

Building realities less limited than their own : young people practising same sex attraction on the internet

The internet has met with mixed community reactions, especially when the focus is on young people's internet use. There are those who fear that the internet will introduce undesirable people and information into the home, leaving the young vulnerable and exploited. Alternatively, there are others who argue that the exclusion of young people from the internet is one of many examples of the diminishing public space that is made available to young people in this post-modern world. In this article we focus on the internet use of one ‘space deprived’ group of marginalized young people, those who are same-sex attracted. Regardless of some important changes in Australian culture and law, these young people's opportunities to openly live their sexual difference remain restricted. In this article we are interested in exploring the role of the internet as a space in which some important sexuality work can be done. What we found was that the internet was providing young people with the space to practise six different aspects of their sexual lives namely identity, friendship, coming out, intimate relationships, sex and community.

Diversity, tradition and family : Australian same-sex attracted parents and their families

This paper describes the diversity of family forms within a sample of 455 families parented by same-sex couples and same-sex attracted sole parents from Australia and New Zealand. Around one-third of this sample had conceived at least one of their children while in a previous heterosexual relationship. The remaining two-thirds had conceived at least one child within a same-sex relationship or while they were single. Among this group, the largest proportion was women who conceived using home-based self-insemination with a known donor. A smaller proportion of women had conceived through clinic-based insemination or assisted reproduction with a known or unknown donor. There were 60 male participants in the sample. Around 20% of these men were raising children they had conceived through a surrogacy arrangement; the rest had conceived their children within previous heterosexual relationships or through donor arrangements with single women or lesbians. Around 50% of participants described their family form in terms of a two-parent model, where they and their partner were their children's only parents. Around 34% were sharing care of their children with ex-partners, either a previous heterosexual (opposite sex) partner or a previous same-sex partner. Around 10% described themself as their child's sole parent. In large part, participants in this study were not creating radically new family formations, with around half of all participants describing their family in terms of a two-parent ‘nuclear’ model, albeit a model involving parents of the same gender. However, pathways to conception and/or parenthood did reflect nontraditional patterns.

Understanding resilience in same-sex parented families : the work, love, play study

Background: While families headed by same-sex couples have achieved greater public visibility in recent years, there are still many challenges for these families in dealing with legal and community contexts that are not supportive of same-sex relationships. The Work, Love, Play study is a large longitudinal study of same-sex parents. It aims to investigate many facets of family life among this sample and examine how they change over time. The study focuses specifically on two key areas missing from the current literature: factors supporting resilience in same-sex parented families; and health and wellbeing outcomes for same-sex couples who undergo separation, including the negotiation of shared parenting arrangements post-separation. The current paper aims to provide a comprehensive overview of the design and methods of this longitudinal study and discuss its significance.
Methods/Design: The Work, Love, Play study is a mixed design, three wave, longitudinal cohort study of same-sex attracted parents. The sample includes lesbian, gay, bisexual and transgender parents in Australia and New Zealand (including single parents within these categories) caring for any children under the age of 18 years. The study will be conducted over six years from 2008 to 2014. Quantitative data are to be collected via three on-line surveys in 2008, 2010 and 2012 from the cohort of parents recruited in Wave1. Qualitative data will be collected via interviews with purposively selected subsamples in 2012 and 2013. Data collection began in 2008 and 355 respondents to Wave One of the study have agreed to participate in future surveys. Work is currently underway to increase this sample size. The methods and survey instruments are described.
Discussion: This study will make an important contribution to the existing research on same-sex parented families.
Strengths of the study design include the longitudinal method, which will allow understanding of changes over time within internal family relationships and social supports. Further, the mixed method design enables triangulation of qualitative and quantitative data. A broad recruitment strategy has already enabled a large sample size with the inclusion of both gay men and lesbians.

Gender, sexuality and embodiment : access to and experience of healthcare by same-sex attracted women in Australia

This article identifies the way same-sex attracted women negotiate healthcare in a rural Australian setting. In-depth interviews were conducted with 10 women. Respondents choose general practitioners (GPs) carefully, `interviewing' them to see if they hold acceptable attitudes to same-sex attraction. However, sexuality is not the only evaluative criteria women use. Some women invoke gender-based discourse, evaluating GPs by how well they treat women's bodies. In other instances, women utilize a framework based on sexuality; good healthcare is associated with how the practitioner dealt with same-sex attraction. Sometimes women evaluated care by reference to a model of the body that did not implicate gender or sexuality and GPs are evaluated on the basis of clinical knowledge. This shows that women do not define themselves in a unitary way in relation to gender or sexuality. They selectively and strategically employ discourses of gender, sexuality and embodiment to structure and evaluate healthcare