The recognition of rights to same-sex couples: the path towards a pluralistic concept of family

This paper presents the final results of the research project undertaken in 2010 and 2011 by the legal research group “Filius”, affiliated with Corporación Universitaria Empresarial Alexander von Humboldt of Armenia, (Quindío). The project’s general objective is “to establish the concept of family used by the Colombian legal system based on the judgments of the Constitutional Court granting rights to same-sex couples”. To this end, a line of jurisprudence was developed from the Court’s rulings that discussed the rights of same-sex couples, concluding that despite the great progress made in Colombia on the recognition of rights to these couples following Decision C-075/2007, in all these judgments the Court had always refused to recognize their family status, and it was not until 2011, in Decision C-577, that the Court accepted that same-sex couples constitute a family, thereby dramatically changing the constitutional doctrine that had maintained the criteria of heterosexuality as defining family.

Tel Aviv - Mumbai - Tel Aviv: Same-Sex couples seeking parenthood in India

In Israel religious belonging remains a central category of citizenship. Laws concerning reproductive technologies such as the surrogacy law from 1996 are strongly informed by Orthodox rabbis’ kinship concepts (Kahn 2000, Shalev 1998, Weisberg 2005). A set of regulations secures that heterosexual Jewish couples bring into being children who are unequivocally Jewish themselves. The Israeli surrogacy law can therefore be understood as part of a policy seeking to reproduce the boundaries of the Jewish-Israeli collective. Same-sex couples do not fit this narrow definition of family and have no access to surrogacy in Israel. Yet gay couples maintain that parenthood is a universal civil right and bypass their exclusion through surrogacy arrangements abroad. The proposed paper follows these couples to Mumbai, which has become a popular destination for surrogacy in recent years. After their children’s birth the couples spend three to five weeks in India. In this time they not only take on their new tasks as fathers. They are also occupied with the bureaucracy of disconnecting the children from India and turning them into Israeli citizens. The paper elaborates on the bureaucratic processes and the hurdles same-sex couples encounter when seeking recognition of their parenthood and citizenship for their children. It unveils the intricacies and ramifications of Israel’s contradicting surrogacy policy of enforcing narrow definitions of family inside the country and simultaneously outsourcing problematic cases.

EU free movement law and the legal recognition of same-sex relationships: the case for mutual recognition

This article seeks to examine the cross-border legal recognition of same-sex relationships in the EU. Although the Member States maintain an exclusive competence in the field of family law and, thus, it is up to them to determine whether they will provide a legal status to same-sex couples within their territory, they need to exercise their powers in that field in a way that does not violate EU law. This, it is suggested, requires that Member States mutually recognize the legal status of same-sex couples and do not treat same-sex couples worse than opposite-sex couples, if the basis of the differentiation is, merely, the (homosexual) sexual orientation of the two spouses/partners. Nonetheless, the current legal framework does not make it clear that Member States are under such an obligation. The main argument of the article, therefore, is that the EU must adopt a more hands-on approach towards this issue.

Client discourses on the process of seeking same-sex couple counselling

How same-sex couples manage the process of seeking help for their relationships is an under-researched area. Twelve semi-structured interviews were conducted with 16 people who had engaged in same-sex couple counselling, and were analysed using discourse analysis. The ways in which the couples positioned themselves as part of a 'minority group', or part of a generic group of couples struggling with relationship issues, impacted on how they discussed seeking help. We conclude that counsellors and psychotherapists need to be aware of the ways in which couples construct their relationships, and mindful of the tricky navigations around similarity to, and difference from, different-sex relationships. The impact of this on couples seeking therapeutic help is considered. © 2013 Taylor & Francis.

“Seismic cultural change?”: British media representations of same-sex ‘marriage’

The legal recognition of same-sex relationships is a contested terrain that has been hotly debated by feminists. This article provides a social constructionist analysis of the UK newspaper media coverage around the time of the introduction of the Civil Partnership Act (2004). In examining the 348 national newspaper coverage over a three month period (November 2005–January 2006) we highlight three prevalent, and conflicting, themes: ‘same-sex marriage becomes legal under the Civil Partnership Act’; ‘couples will not get full legal status’ and ‘marriage is a heterosexual business’. We discuss these media representations and argue that the heteronormativity of the coverage provided little space for more radical constructions of same-sex relationship recognition.

An evaluation of the implications of the best interests of the child principle in the context of same-sex parenting in Ireland

Same-sex parenting is by no means a new phenomenon but the legal recognition and acceptance of gay and lesbian couples as parents is a relatively recent development in most countries. Traditionally, such recognition has been opposed on the basis of the claim that the best interests of children could not be met by gay and lesbian parents. This thesis examines the validity of this argument and it explores the true implications of the best interests principle in this context. The objective is to move away from subjective or moral conceptions of the best interests principle to an understanding which is informed by relevant sociological and psychological data and which is guided by reference to the rights contained in the UN Convention on the Rights of the Child. Using this perspective, the thesis addresses the overarching issue of whether the law should offer legal recognition and protection to gay and lesbian families and the more discrete matter of how legal protection should be provided. It is argued that the best interests principle can be used to demand that same-sex parenting arrangements should be afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition. In this regard, guidance is drawn from the English and South African experience in this area. Overall, the objective is to assess the current laws from the perspective of the best interests principle so as to ensure that the law operates in a manner which adheres to the rights and interests of children.

Bullying in the Same-Sex Friendships of Young Adolescent Girls: A Qualitative Study

This qualitative, narrative study explored the bullying experiences of young adolescent girls within their same-sex dyadic and group friendships. The participants were 5 female students, ages 11 and 12 years old, from 1 private, religious school in southern Ontario. Each girl participated in an audiotaped, 30-minute, personal interview based on an unstructured interview protocol. Interview transcripts were analyzed for bullying behaviors using Marini and Dane's (2008) subtypes of bullying, including the form, function, and involvement in bullying. Interview transcripts were also analyzed for common and emerging themes using aspects of L. M., Brown and Gilligan's (1992) "Listener's Guide." The findings of this study suggested that within their same-sex friendships girls assume the roles of all participants in bullying, including bullies, victims, bystanders, and bully-victims. The findings also suggested that bullying behaviors within young adolescent girls' same-sex friendships are mainly indirect in their mode of attack and that they are both proactive and reactive. The bully behaviors identified in this study were used to inform the major themes or salient features within the dynamics of girls' same-sex friendships also identified. These themes included acceptance, intimacy, negotiation, inclusion/exclusion, moral character judgements, and power. The findings of this study will be used to inform current theory, personal and professional practice, as well as future research.

Following Same-Sex Marriage : Redefining Marriage and the Impact for Polygamy

Dossier : Should Polygamy be Recognized in Canada ? Ethical and Legal Considerations