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There are an array of international policies that variously legitimize same-sex partnerships, and consequently same-sex family formations, through extending the rights of lesbians and gay men to marry or to live as a legally recognized couple. N. Naples (2007) outlines the different types of relationship policies that can be utilized by same-sex couples, beginning with registered partnerships or civil unions, which include substantively similar-or the same-rights as marriage.

Evolution of the Institution

Transcript
  • Irina and Irina have decided to tie the knot. They’re the first lesbian couple ever to put a request in for marriage to the authorities in Moscow.
  • We love each other and want to build a life together. That’s why we want to formally legitimize our relationship. We’re no different from any other couple; I just want to marry the person that I love – why shouldn’t I? I’m just like everyone else.
  • But not in the eyes of the law. Same-sex marriage is still forbidden in Russia; no surprise that their request was turned down.
  • According to article one, paragraph three of the Family Code, family law confirms the principle of a voluntary union between a man and a woman.
  • If they can’t marry, then at least their attempt to do so stands as an act of defiance. Although homosexuality was decriminalized in Russia 16 years ago, homophobia is still widespread.
  • When the Moscow mayor is banning the event and saying that it’s a satanic gathering, weapons of mass destruction, when gays are responsible for the HIV infection in Moscow, when he’s saying all these nasty things about gays – after that, obviously, the level of homophobia is growing enormously.
  • But Irina and Irina won’t be beaten; in a few months they’re travelling to Canada, where the marriage of same-sex couples is allowed.

The first national recognition of same-sex partnerships came in Denmark in 1989, allowing registered partnership, as opposed to “marriage.” More recently, sexuality has also been high on the United Kingdom (UK) legislative and policy agenda, with fresh legislation that explicitly addresses sexuality within the context of equality issues, including same-sex partnership (e.g., The Civil Partnership Act, 2004). These moves are mirrored across time and place with countries bringing in policies from full marriage (Belgium, 2003; Canada, 2005; Netherlands, 1998; Portugal, 2010; South Africa; Spain, 2005; Sweden, 2009) to civil unions and registered partnerships (including France's pacte civil de solidarité in 1999 and New Zealand's Civil Union in 2004).

The United States now stands apart from Canada and many European countries on same-sex marriage, passing the Defense of Marriage Act (DOMA) in 1996, upholding and “defending” marriage for heterosexuals only. The recent Proposition 8 debates suggest a wider differential “mapping” of same-sex rights in the United States Proposition 8 was a California ballot proposition passed in the November 2008 general election. The measure added a new section (7.5) to Article I of the California Constitution. The new section reads: “Only marriage between a man and a woman is valid or recognized in California.” The http://ProtectMarriage.com organization sponsored the initiative that placed Proposition 8 on the ballot, also attracting the support of a number of political figures and religious organizations.

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