Le Code civil français, depuis juin 2013, permet aux couples de même sexe de se marier, d’adopter conjointement, et de recourir à l’adoption de l’enfant du conjoint. Malgré ces changements juridiques considérables, nombre de situations parentales sont difficilement prises en considération. Tel est le cas, par exemple, lorsque des couples de femmes recourent à une reproduction assistée avec don de sperme ou lorsque des couples d’hommes recourent à une gestation pour autrui, tous ces couples ayant élaboré conjointement le projet de (...) fonder une famille. Le choix du nom de famille et du prénom de leur enfant est alors une occasion d’affirmer le statut parental des deux membres du couple de même sexe. L’examen précis de quelques situations laisse entrevoir les pratiques spécifiques de ces couples mais aussi les différences entre couples de pères et couples de mères. Si les enquêtes disponibles montrent qu’en France les mères se soucient rarement de transmettre leur nom à leur enfant, les mères lesbiennes y portent au contraire une grande attention et vont même jusqu’à quelquefois donner en premier le nom de la mère non biologique. Les familles qu’elles composent ont ceci de particulier qu’à condition que l’état civil le leur permette, elles favorisent la transmission des noms féminins. (shrink)

Fisher, Anthony The campaign to redefine marriage has recently gained such momentum- with now three and soon four Bills before the Commonwealth Parliament-that many think it is inevitable; this can leave those with misgivings feeling that they are already losers in a done deal. Some think it's the inexorable progress of liberty and equality-which leaves the doubters 'on the wrong side of history'. In this context supporters of classical marriage are presumed to have no real arguments to offer. So in (...) this paper I want to offer some reasons-not decrees from on high or from the past, not expressions of hatred or prejudice-but reasons I hope anyone can understand. I also hope you find these reasons persuasive and helpful in proclaiming and witnessing to true marriage among your families, friends and colleagues. But even if you disagree with me on this matter, I at least hope to help you understand why Australian law has always held, and many people still hold, that marriage is for people of opposite sex. (shrink)

Polls and election results show Americans sharply divided on same-sex marriage, and the controversy is unlikely to subside anytime soon. Debating Same-Sex Marriage provides an indispensable roadmap to the ongoing debate.

This article engages the views of PRC Confucian scholars who responded to the United States Supreme Court Justice Anthony Kennedy's citing of Confucius in his majority opinion on same-sex marriage in 2015. It questions their separation of tolerance for homosexuality from legalization of same-sex marriage and argue that tolerance is not enough. The arguments in the mainland Confucian discourse about same-sex marriage highlights the historical and persistent entanglement of Confucianism with patriarchy. Instead of reviving traditional patriarchal society, (...) further entrenching and increasing gender inequality, contemporary Confucianism could shape its own unique modern society that aspires to (and hopefully one day achieving) gender equality together with sexual inclusivity by deconstructing the patriarchal Confucian family and reconstructing a different Confucian family ideal. Accepting same-sex marriage would lend weight to the latter, and there are Confucian reasons for legalizing same-sex marriage and recognizing its ethical value. (shrink)

Globally, parents and children in same-sex parent families are impacted by many laws related to the parental sexual orientation. These laws vary considerably from one country to another, ranging from full legal recognition to criminalization. The psychological consequences of living in an ambiguous or hostile legal climate likely interfere with parental health, family functioning, and child development. However, a systematic evidence synthesis of the pertinent literature and its placement within a broader psychological model are currently lacking. The aims (...) of this review were thus (1) to systematically review qualitative and quantitative evidence on the impact of sexual orientation laws on same-sex parent families in key domains and (2) to place these findings within a broader model informed by minority stress and family theories. Our review was preregistered and conducted in line with PRISMA guidelines. We searched for qualitative, quantitative, and mixed methods studies on the impact of sexual orientation laws on target outcomes (parental health, family functioning, child outcomes) via systematic database search (PubMed, Scopus, Web of Science) and forward-backward searches. Fifty-five studies published between 1999 and 2020 were eligible for inclusion and were synthesized using a data-based convergent synthesis design. Thirteen descriptive and three overarching analytical themes were identified through thematic synthesis. Linking our findings with minority stress and family theories, we propose a novel legal vulnerability model for same-sex parent families. The model posits that legal vulnerability constitutes an increased risk for parental and child health as well as family functioning through individual and shared pathways between family members. Additionally, the model introduces counteractions that families engage in on the personal, familial, and systemic level to mitigate the impact of legal vulnerability, as well as moderators on the contextual, familial, couple, and individual level that modulate this impact. Implications for research and clinical practice are discussed. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational (...) basis review in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Alain Locke, an often neglected classical American Pragmatist, developed a pluralistic value theory as an antidote to the "value absolutism" he considered the root cause of social conflict. Values, for Locke, are not immutable features of a transcendent reality, but rather emerge from human functional attitudes, or what he calls "feeling-modes." However incommensurable the contextualized values of diverse cultures may appear, they can always be traced back to common modes of valuing. Recognizing the common character of our human faculty of (...) valuation allows us to see a basic functional equivalence among superficially conflicting values, thus undermining value absolutism. This paper suggests that one reason the debate over same-sex marriage in the United States has persisted is that the arguments have been advanced primarily in absolute value terms. Re-casting the debate in terms of a Lockean pluralistic value dialogue suggests a path out of the stalemate. (shrink)

In Ghaidan v. Godin-Mendoza [2004] U.K.H.L. 30, the U.K. House of Lords upheld the right of a man to succeed to the tenancy of his deceased same-sex partner as if he had been the husband or wife of the deceased. This note examines the five judgements delivered by the court and considers the implications of the decision. It argues that, within the context of family law, Mendoza was a welcome decision but an evolutionary dead-end. The case signals a more (...) promising approach to the development of human rights, but the appropriate use and scope of s.3 of the Human Rights Act 1998 remain somewhat unclear. (shrink)

In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from family-based (...) immigration rights. Next I argue that people in the constitutional and legislative stages of Rawls's original position would act to protect family-based immigration rights for themselves and show how these rights are rights of the current citizens of a state to bring in certain outsiders and not rights of outsiders seeking to enter. Importantly, this argument takes place entirely within the bounds of Rawls's domestic theory of justice and does not make reference to his more controversial views found in his account of international justice. I then show that there is no acceptable reason to restrict these rights to opposite-sex couples and good reason to extend them to same-sex couples. Finally I consider two objections to my account and show why they do not threaten my conclusion. (shrink)

The study investigates the conceptualizations and ideologies concerning family destruction metaphors in same-sex marriage debates. With data from the official websites of two opposing camps in Taiwan, we explore the ways conceptual metaphors can be adopted along with other linguistic resources to shape, redefine and negotiate new meanings of family. Drawing concepts from critical metaphor analysis (CMA), this study shows that the same conceptual metaphor can be used in different contexts to construct and promote seemingly binary ideologies. The (...) adoption of family destruction metaphor suggests that family, ideally a complete, stable, and wholesome environment, is commonly accepted by campaigners as a destructible object worthy of protection. However, the different contextual use of this metaphor showed ideological differences in the ideal membership for marriage, the attackers and protectors of family, the victims of family destruction, and the causes and consequences of family destruction. By inviting the audience to make their own evaluation and interpretation of the metaphor, sensitive arguments can be made in a less direct but emotional manner to achieve the purpose of persuasion. Our results illustrate that conceptual metaphors can be used to reinforce conventional beliefs or introduce new values within a socially accepted frame. (shrink)

In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter’s adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his restatement of (...) the ideology of the ‹traditional’ family as natural, normative and desirable. I argue that this case shows that the exclusion of same sex couples from marriage is a feminist issue, because denying same sex couples access to marriage works to sediment patriarchal ideas and re-inscribe gender roles within the family. (shrink)

The aim of this research was to explore the elements that configure the quality of care among three Mexican same-sex planned families: two female-parented families (through donor insemination) and a male-parented one (through adoption). The first family consisted of two mothers and a 3-year-old daughter; the second one had two mothers and a 1.5-year-old set of boy twins and the third family consisted of two fathers and a 2-year-old girl. It was assumed that Ainsworth’s notions of quality (...) of care organization are useful in order to understand caregiver-child attachment relationships, regardless of the parents’ sexual orientation. A collective case study was selected due to the fact that these families shared their “unconventionality” (i.e. parents were not heterosexual) and the fact that they were planned, but each one constituted a particular case with a unique configuration. Four trained independent observers used the q-sort methodology (Maternal Behavior Q-Sort and Attachment Q-Sort) to describe parents’ and children’s behavior, respectively. The findings showed that parents were highly sensitive and all children used them as a secure base. To provide an in-depth examination of which elements configure the quality of care, a semi-structured interview with each parent was carried out. Through a thematic analysis, an over-arching theme named Affections and Emotions was identified, together with six subthemes: 1) Creating an affective environment; 2) Being available; 3) Acknowledging and expressing emotions; 4) Perceiving, interpreting and responding adequately to the child’s real self; 5) Taking the child’s perspective into account; and 6) Agreeing on roles and dividing the tasks. In order to showcase the particular configuration of gay parenting, the male-headed family narrative is reported in detail, because gay parents have been perceived as violating traditional gender roles as well as the hegemonic model of masculinity. The findings were consistent with the notion of quality of care as proposed by Ainsworth and her collaborators. The implications of the methodological device and research regarding same-sex planned families are discussed so as to understand the organization of the caregiving environment. (shrink)

This article examines the phenomenon of same-sex unions, both joint suicides and weddings, mostly among young, low-income, non-English speaking women, that have been reported from many parts of India over the last three decades. Most of the women were Hindus and many of the weddings took place by Hindu rites. None of these women had contact with any LGBT or women's movement or activists before their weddings. Ancient as well as modern texts show that people can and do draw (...) on traditional Hindu ideas about love (as the product of attachments formed in former lives), rebirth (attachments persist from one birth to another) and marriage (which is supposed to outlast one lifetime) to legitimize socially disapproved unions, both cross-sex and same-sex. Right-wing Hindu forces today mistakenly argue that the idea of same-sex love and marriage, and indeed of marriage based on love itself, are Western imports. In fact, same-sex marriages were reported from rural areas and small towns long before the Indian LGBT movement took cognizance of the issue. When families accept them, female couples are generally able to stay together but when families violently oppose them, often with the collusion of local police, couples may be forced to separate or driven to suicide, even though law courts have uniformly upheld the right of consenting adults to live together. Modern Hindu teachers and priests are divided on the question of the validity and desirability of same-sex marriage; a doctrinal debate is now developing. (shrink)

In this article, I respond to queer critiques of the pursuit of same-sex marriage. I first examine the issue of normalization through a consideration of the everyday lives of same-sex couples with children, a subject about which queer critics are strangely silent. Children force same-sex couples to be out in multiple areas of their lives and recent court cases explicitly challenge the idea that same-sex couples do not make fit parents. Second, I examine whether same-sex (...) marriage will address structural inequalities or will mainly benefit white, middle-class people. Access to marriage has disparate benefits depending on people’s structural locations, but is a movement goal supported by a broad array of LGBT people. Third, I examine the relationship between marriage, regulation, and the state. I argue for a broader understanding of the relationship between the state and different types of relationships, suggesting that it is impossible to escape regulation. If we consider marriage and family forms cross-nationally, we see a variety of possibilities for state recognition of various family forms. I conclude by assessing the impact of same-sex marriage on the future of LGBT politics, arguing that achieving marriage equality may allow the space for new political possibilities to emerge. (shrink)

This essay argues that "the family" should be understood in functional terms:whatever functions as a family should have the legal status of a family. Theauthor's argument thus avoids two extreme positions. The first is the position ofthe hard-line "platonic" essentialists who, on grounds of nature, supernature, orcultural history, argue that a family unit must comprise heterosexual partners.The second is the position of the radical relativist, who argues that there are noessences whatsoever or that essences are purely arbitrary. Treating the family (...) infunctionalist terms, the author argues, would have positive consequences thatwould strengthen the social fabric. (shrink)

An estimated 14 million children are parented by gay or lesbian couples. Research indicates that children of same-sex parents are as well adjusted as their peers of opposite-sex parents. However, previous research has yet to examine how these youth negotiate their own process of coming out about their families to others. We sought to identify the patterns, issues and themes that recur in the coming out process of these youth. Recommendations for school personnel are described.

This is a review of the book by John Corvino and Maggie Gallagher, _Debating Same-Sex Marriage_.

Argues that same-sex “marriage” is a logical and practical impossibility and has serious implications for both other aspects of family law and the respect for human life and children in our culture. Asserts that the movement for same-sex “marriage” is a logical outgrowth of our culture’s separation of sex and procreation. Argues that the basis for opposition to this movement may be the residual reservoir of traditional understanding about marriage in the American public.

Over the last decade, legal recognition of same-sex relationships in Canada has accelerated. By and large, same-sex cohabitants are now recognised in the same manner as opposite-sex cohabitants, and same-sex marriage was legalised in 2005. Without diminishing the struggle that lesbians and gay men have endured to secure this somewhat revolutionary legal recognition, this article troubles its narrative of progress. In particular, we investigate the terms on which recent legal struggles have advanced, as well as the (...) ways in which resistance to the legal recognition has been expressed and dealt with. We argue that to the extent that feminist critiques of marriage, familial ideology, and the privatisation of economic responsibility are marginalised, conservative and heteronormative discourses on marriage and family are reinforced. Our case studies include two pivotal moments in the quest for legislative recognition of same-sex relationships: the Hearings of the Canadian House of Commons Standing Committee on Justice and Human Rights on Bill C-23, The Modernization of Benefits and Obligations Act, in 2000 and the hearings on Same-Sex Marriage in 2003. We find that the debates operated within a narrow paradigm that bolstered many existing hierarchies and exacerbated conditions for those who are economically disadvantaged. (shrink)

On November 4, 2008 California voters passed Proposition 8, and accordingly same-sex marriage was banned under the state constitution. Proposition 8 is now being considered by the Supreme Court. The proposition has sparked national debate about the nature of the relationship between the state and citizens’ sexuality and corresponding rights; calling into question the practice of allocating rights and privileges on the basis of sexuality and family form. Proponents of the proposition, who can be classified as predominantly socially conservative, (...) want to maintain the status and privileges of marriage for heterosexuals; arguing that allowing same-sex marriage threatens the legitimacy, sanctity and strength of traditional heterosexual marriage . This article examines the extent to which three Californian pro-same-sex marriage organizations (Equality California, Join the Impact, and the Courage Campaign) have challenged and/or appropriated social conservative and neoliberal discourses in their effort to gain access to the rights and privileges that are currently administered through marriage. (shrink)

With the recent U.S. Supreme Court cases finding the Defense of Marriage Act unconstitutional and removing impediments to same-sex marriage in California,as well as a number of recent successes in special elections and with legislators inthe U.S. and other countries, we might wonder whether there is still need for a book debating same-sex marriage. Is not the tide of history inevitably movingtowards marriage equality? While that position seems tempting, it is too quick.

In this article, I explore the ethical dimensions of same-sex reproduction achieved through epigenome editing—an innovative and transformative technique. For the first time, I analyse the potential normativity of this disruptive approach for reproductive purposes, focusing on its implications for lesbian couples seeking genetically related offspring. Epigenome editing offers a compelling solution to the complex ethical challenges posed by traditional gene editing, as it sidesteps genome modifications and potential long-term genetic consequences. The focus of this article is to systematically (...) analyse the bioethical issues related to the use of epigenome editing for same-sex reproduction. I critically assess the ethical acceptability of epigenome editing with reproductive purposes from multiple angles, considering harm perspectives, the comparison of ethical issues related to gene and epigenome editing, and feminist theories. This analysis reveals that epigenome editing emerges as an ethically acceptable means for lesbian couples to have genetically related children. Moreover, the experiments of a reproductive use of epigenome editing discussed in this article transcend bioethics, shedding light on the broader societal implications of same-sex reproduction. It challenges established notions of biological reproduction and prompts a reevaluation of how we define the human embryo, while poses some issues in the context of gender self-identification and family structures. In a world that increasingly values inclusivity and diversity, this article aims to reveal a progressive pathway for reproductive medicine and bioethics, as well as underscores the need for further philosophical research in this emerging and fertile domain. (shrink)

Somerville, Margaret Same-sex marriage creates a clash between upholding the human rights of children with respect to their coming-into being and the family structure in which they will be reared, and the claims of homosexual adults who wish to marry a same-sex partner. It forces us, as a society, to choose whether to give priority to children's rights or to homosexual adults' claims. This problem does not arise with opposite-sex marriage, because children's rights and adult's claims with respect (...) to marriage are consistent with each other. (shrink)

In this expanded edition, Singer supplements the 2001 edition with a timely and stimulating essay that focuses upon marriage, particularly same-sex marriage. Singer maintains that questions about sex are fundamental in all thinking about the marital condition, and addresses the problem of same-sex legitimization and rights to material benefits by analyzing the nature of marriage, union, and family in their relation to sexuality and love. For first-time and seasoned readers alike, Singer's lucid new reflections will clarify current and (...) emerging issues in the philosophy of sex. (shrink)

This essay applies the principle of justice as fairness to the issue of same-sex marriage. I will outline Rawls’s theory of justice, including the original position and the veil of ignorance as the means by which choosers craft a just state. In considering whether same-sex marriage should be permissible, I argue that a just society, formulated in the Rawlsian context of justice as fairness, should allow them. I assert that gays and lesbians do count as equal citizens because (...) they possess the minimum requirements of the capacity for a sense of justice, a conception of the good, and the ability to be cooperating members of society. Furthermore, within the original position gays and lesbians will be represented because choosers do not know their sexual orientation because it is one of the individual characteristics that are withheld behind the veil. Since the choosers do not know their sexual orientation, they will be unable to use that information in their construction of what counts as a just state comprised of free and equal citizens. Because the family, and the institution of marriage as a primary manifestation of the family, is one of the major social institutions within the basic structure, limitations must be carefully scrutinized. (shrink)

While family forms are ever more diverse, there are few critical analyses of the ways in which LGBTQ families have been represented in fiction. This article explores recent Italian novels by Cristiana Alicata, Melania Mazzucco and Chiara Francini that depict lesbian and gay parents and their children. In all these novels at least one gay or lesbian parent dies. Drawing on Judith Butler’s work on mourning and melancholia, I problematize the persistent spectre of grief and loss attached to gay (...) and lesbian parenting. However, reflections by Heather Love also prompt me to explore what Love calls a “politics of damage”, or an attempt to see past the looming threat of inevitable homosexual doom towards the queer, subversive elements of these narratives, which question normative conceptions of the family and open up space to reflect on ‘alternative’ parental models. (shrink)

In the Coman case, the European Court of Justice was asked whether the term “spouse”—for the purposes of EU law—includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement (...) that Union citizens enjoy under EU law. This case comment analyses the judgment, arguing that the Court’s pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, following the delivery of this ruling, a lot of questions have arisen and gaps in the protection of same-sex couples persist, and these are also analysed in this piece. (shrink)

This book defends the thesis that Kant's normative ethics and his practical ethics of sex and marriage can be valuable resources for people engaged in the contemporary debate over same-sex marriage. It does so by first developing a reading of Kant's normative ethics that explains the way in which Kant's notions of human moral imperfection unsocial sociability inform his ethical thinking. The book then offers a systematic treatment of Kant's views of sex and marriage, arguing that Kant's views are (...) more defensible than some of his critics have made them out to be. Drawing on Kant's account of marriage and his conception of moral friendship, the book argues that Kant's ethics can be used to develop a defense of same-sex marriage. (shrink)

Marriage and family are obviously central to Confucian ethics. Perhaps the most oft‐repeated exhortation in the Analects is the duty of children to care for parents. There is little in the Daodejing or Zhuangzi on marriage and family. Relative silence suggests that Daoism does not place much importance on the formal institutionalization of interpersonal commitments. Male and female instinctually complement one another, and their pairing opens the way to reproduction, a major theme of the Daodejing. The Daodejing certainly suggests that (...) heterosexual unions are commonplace and potent. A modern Confucian perspective could be affirmative. If we take the most basic Confucian principles—humanity, ritual, and duty—shorn of any gender implications, it is by no means necessary that they would deny same‐sex marriage. Contemporary Confucians would have an initial presumption against divorce. Marriage, of any sort, is a solemnly declared commitment and, as such, it should be respected and preserved. (shrink)

In Re G, the Court of Appeal awarded a joint residence order to the appellant, who was the lesbian ex-partner of the child’s full biological mother. The award also indirectly vested the appellant, a social parent, with parental responsibility and extended a body of case law to same-sex couples, which had until now only been applied to heterosexual couples. The initial purpose of this note is to outline the legal issues of the case in the context of the framework (...) of parental responsibility set out in the Children Act 1989, putting forward a test of ‘parental fitness’ (which focuses on active ‘care’ as its central consideration) for social parents who must appeal to the court’s discretion to obtain parental responsibility. Secondly, the note offers at once a positive reading of Re G while highlighting a number of reservations centring upon continued legal preference for the ‘sexual family’. It is argued that while the legal recognition of ‘family diversity’ and parenthood remains modelled on this ‘sexual family’, the relaxation of family ‘boundaries’ (despite legal victories such as Re G) will remain limited. (shrink)

Evolutionary models of behavior often encounter resistance due to an apparent focus on themes of sex, selfishness, and gender differences. The target article might seem ripe for such criticism. However, life history theory suggests that these themes, and their counterparts, including cooperation, generosity, and gender similarities, represent two sides of the same coin – all are consequences of reproductive trade-offs made throughout development.

The general crisis of capitalism embraces all spheres of the life of society and, in the final analysis, is reflected in the life of each individual. The family is no exception in this regard. Problems of disorganization and disintegration of the family and marriage, the breakdown of traditional moral norms regulating familial and marital relationships and sexual behavior, have become subjects of close attention by philosophers, sociologists, educators, and physicians. The number of items published on these problems increases from year (...) to year. One is struck, in this regard, by the extreme diversity of criteria in the approaches to the study of these problems. Of course, this may be partially explained by the complexity of the subject under study. But in the case in point, the reason is primarily the presence of acute social contradictions in capitalist society itself, of methodological and ethical pluralism, and of the extreme contradictoriness of the initial theoretical positions characteristic of bourgeois social thought. For example, within a single collection, Sociology and Social Problems. A Conceptual Approach , one may find not only different but even mutually exclusive points of view on the same question. But for all the diversity of starting points, approaches and arguments, styles and methods of presentation, it is still possible to identify two common features that mark all such writings to some extent:1. The standards of consumer society are taken as model. Withrespect towoman's work in employment [outside the home], this is expressed in the attitude toward her career and her power . Development of parental roles in the family is associated with parents' capacities to assure, in the course of socializing their children, that they will subsequently advance. The relationships between spouses are regarded as harmonious only if a mutual attitude toward success outside the family and toward a high level of sexual activity, which creates a special kind of prestige, particularly for the man, is achieved. Consumerist attitudes are revealed, perhaps most vividly, in the approach to sexual behavior and corresponding norms of morality. Even in the writings of scholars striving for objectivity, overestimation of the significance and role of sexual activity is a factor. Most works are characterized by a spirit of negation of the traditional norms of sexual morality of Western European culture. (shrink)

Lesbian, gay, bisexual, and queer family-making has exploded in many western nations in the past few decades in the midst of growing social acceptance and legal recognition of queer families, as well as increasing options for same-sex reproduction.1 Philosophers and bioethicists have perhaps been late in taking up these issues compared to scholars in other fields concerned with politics, justice, and cultural criticism. And where philosophers and bioethics have taken up these topics, often the moral issues at stake (...) are framed in a manner that implicitly or explicitly holds heterosexual reproduction through intercourse in a committed relationship to be the normal, natural, and morally unquestioned... (shrink)

This paper comments on the strategies and goals of a politics of recognition as celebrated by Nancy Nicol’s important documentary coverage of the gay and lesbian movement for family rights in Quebec. While agreeing that ending legal discrimination against lgbt families is important, I suggest that political recognition of same-sex families and their children is a too limited goal for queer families and their allies. Moreover, it is a goal, I argue, that often trades on trades (...) on troublesome assumptions about gender, class, race, age and normative commitments to monogamy as these relate to distinctions between, for example, “fit” and “unfit” parents. (shrink)

Our families are our first and most important ethical training grounds. But what is the family? And what are our ethical commitments to our family members and to the broader moral community? After a brief introductory chapter on basic ethical concepts and theories, the essays in this volume provide readers with ethical analyses of issues ranging from same-sex marriage to a controversial proposal to "license" parents. The chapters cover love, sex, marriage, parents and children, the relationship between the (...) family and the larger moral community, and the influence of emerging technologies on the ethical issues inherent in family life. The volume is intended to open up this exciting territory in applied ethics to those interested in philosophy, family studies, social work, and to anyone who wants a deeper understanding of the ethical forces at work in this most basic social institution. (shrink)

Sex-biased investment in children has been explored in a historic population in northern England, 1600 to 1800, following a family reconstitution study. An examination of the wills and other available data identified three social groups: the elite, tradesmen, and subsistence farmers. The community lived under marginal conditions with poor and fluctuating levels of nutrition; infant and child mortalities were high. Clear differences were found between the social groups, and it is suggested that the elite wetnursed their daughters whereas the elite (...) mother breast-fed her sons for only a short period and introduced supplementary feeding early. The wives of the tradesmen probably breast-fed both sexes for the same length of time. Subsistence farmers may have weaned their sons earlier than daughters. The results are discussed in terms of possible differences in investment strategies. The investment strategy of the elite group was probably male-biased but may, in practice, have favored the female offspring. (shrink)

The vast changes in family life-the rise of single, same-sex, and two-paycheck parents-have often been blamed for declining morality and unhappy children. Drawing upon pioneering research with the children of the gender revolution, Kathleen Gerson reveals that it is not a lack of family values, but rigid social and economic forces that make it difficult to live out those values. The Unfinished Revolution makes clear recommendations for a new flexibility at work and at home that benefits families, encourages (...) a thriving economy, and helps women and men integrate love and work. (shrink)

This book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr also defends the traditional Western teaching that the marital family is an essential cradle of conscience, chrysalis of care, and cornerstone of ordered liberty. He thus urges churches, states, and other social institutions to protect and promote the marital family. He encourages reticent churches to embrace the rights of women and children, as Christians have long taught, and encourages (...) modern states to promote responsible sexual freedom and family relations, as liberals have long said. He counsels modern churches and states to share in family law governance, and to resist recent efforts to privatize, abolish, or radically expand the marital family sphere. Witte also invites fellow citizens to end their bitter battles over same-sex marriage and tend to the vast family field that urgently needs concerted attention and action. (shrink)

This study compared the family characteristics, victimization histories, and number of perpetration offenses of juvenile offenders who admitted to having had sex with animals to juvenile offenders who did not. The study found that 96% of the juveniles who had engaged in sex with nonhuman animals also admitted to sex offenses against humans and reported more offenses against humans than other sex offenders their same age and race. Those juveniles who had engaged in sex with animals were similar to (...) other sex offenders in that they also came from families with less affirming and more incendiary communication, lower attachment, less adaptability, and less positive environments. Those juveniles who had engaged in sex with animals reported victimization histories with more emotional abuse and neglect and a higher number of victimization events than other offenders. This would seem to indicate that sex with animals may be an important indicator of potential or co-occurring sex offenses against humans and may be a sign of severe family dysfunction and abuse that should be addressed in the arenas of psychological intervention, juvenile justice programs, and public policy. (shrink)

This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.’s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission’s apparent ‘return’ to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding (...) the legal recognition of relationships beyond those that are sexual, this raises concerns about the further privatisation of care as well as increased state intervention in relationships. Instead, I argue that the purpose and function of relationship recognition should be deconstructed and separated from ideology and romantic mythology about what families and relationships are and should be. If it does wed itself so closely to the conjugal marriage model in the consultation document, the Law Commission will miss a valuable opportunity to ask important questions about the purpose and function of relationship recognition. (shrink)

Background: The division of non-paid labor in heterosexual parents in the West is usually still gender-based, with mothers taking on the majority of direct caregiving responsibilities. However, in same-sex couples, gender cannot be the deciding factor. Inspired by Feinberg’s ecological model of co-parenting, this study investigated whether infant temperament, parent factors (biological relatedness to child, psychological adjustment, parenting stress, and work status), and partner relationship quality explained how first-time gay, lesbian, and heterosexual parents divided labor (childcare and family decision-making) (...) when their infants were four months and 12 months old. We also tested whether family type acted as a moderator. Method: Participants were drawn from [MASKED FOR REVIEW]. Only those who provided information about their biological relatedness (yes or no) to their child (N = 263 parents) were included. When infants were four months (T1), parents completed a password-protected online questionnaire exploring their demographic characteristics including work status and standardized online-questionnaires on task division (childcare and family decision-making), infant temperament, parental anxiety, parental depression, parental stress, and partner relationship satisfaction. When infants were 12-months-old (T2), parents provided information about task division and their biological relatedness to their children. Results: Linear mixed models showed that no factor explained the division of family decision making at T1 and T2. For relative time spent on childcare tasks at T1, biological relatedness mattered for lesbian mothers only: biologically related mothers appeared to spend more time on childcare tasks than did non-related mothers. Results showed that, regardless of family type, parents who were not working or were working part-time at T1 performed more childcare tasks at T1. This was still true at T2. The other factors did not significantly contribute to relative time spent on childcare tasks at T2. Conclusion: We had the opportunity to analyze the division of non-paid tasks in families where parenting was necessarily planned and in which gender could not affect that division. Although Feinberg’s model of co-parenting suggests that various factors are related to task division, we found that paid work outside the home was most important during the first year of parenthood in determining caregiving roles. (shrink)

In this commentary on a clinical ethics case pertaining to a same-sex couple that does not have explicit surrogate decision-making or hospital-visitation rights (in the face of objections from the family-of-origin of one of the queer partners), the authors invoke contemporary legal and policy standards on LGBTQ health care in the United States and abroad. Given this historical moment in which some clinical rights are guaranteed for LGBTQ families whilst others are in transition, the authors advocate for the (...) implementation of clinical ethics mediation as the soundest and most humane form of resolution in matters where there is a dispute between family members about an incapacitated loved one. They argue that clinical ethics mediation is an ideal alternative solution because it works toward consensus about outcome, even where consensus about values is not achievable. (shrink)

Bridging the gap between feminist studies of motherhood and queer theory, Mothering Queerly, Queering Motherhood articulates a provocative philosophy of queer kinship that need not be rooted in lesbian or gay sexual identities. Working from an interdisciplinary framework that incorporates feminist philosophy and queer, psychoanalytic, poststructuralist, and postcolonial theories, Shelley M. Park offers a powerful critique of an ideology she terms monomaternalism. Despite widespread cultural insistence that every child should have one—and only one—“real” mother, many contemporary family constellations do not (...) fit this mandate. Park highlights the negative consequences of this ideology and demonstrates how families created through open adoption, same-sex parenting, divorce, and plural marriage can be sites of resistance. Drawing from personal experiences as both an adoptive and a biological mother and juxtaposing these autobiographical reflections with critical readings of cultural texts representing multi-mother families, Park advocates a new understanding of postmodern families as potentially queer coalitional assemblages held together by a mixture of affection and critical reflection premised on difference. (shrink)

Introduction -- Rational anthropology and the difference between persons and animals -- Human freedom and conscience -- The three moral determinants and doubts of conscience -- The principle of double effect and consequentialism -- Cooperation and scandal -- Virtues--natural and supernatural -- Sin and grace -- Revelation -- Reproductive technologies -- Homosexuality and same-sex marriage -- Contraception -- Abortion -- Marriage and family -- End of life issues -- Appendix A : Summary of Evangelium Vitae -- Appendix B : (...) Summary of Savifici Doloris. (shrink)

Somerville, Margaret Over the millennia of human history, the idea that children - at least those born into a marriage - had rights with respect to their biological parents was taken for granted and reflected in law and public policy. But with same-sex marriage, which gives same-sex spouses the right to found a family, that is no longer the case. Likewise, children's rights with respect to their biological origins were not an issue when there was no technoscience that (...) could be used to manipulate or change those origins: a baby could only be conceived in vivo through sexual reproduction. But with assisted human reproductive technologies and genetic technologies, that, too, is no longer the case. So, in light of these new realities, what are our obligations, as societies, to children with respect to their biological origins and biological families? What protections do children need and deserve? I propose that the most fundamental human right of all is a child's right to be born from natural human biological origins and that children also have human rights with respect to knowing who their biological parents and families are, and that these rights must be recognized. Children also have a right to be reared within their biological families and to have a mother and a father, unless an exception can be justified as being in the 'best interests' of a particular child. The connection among adoption, the use of new reproductive technologies, and same-sex marriage is that they all unlink child-parent biological bonds. Each context raises one or more of three important issues: children's right to know the identities of their biological parents; children's right to both a mother and a father, preferably their own biological parents; and children's right to come into being with genetic origins that have not been tampered with; that is, 'designing' our children should be prohibited. Such 'designing' would result in losses with implications far beyond those persons directly affected and far beyond the present time. It would undermine the rights to equality and freedom of future generations. Because the liberty and equality of all citizens is at the heart of democratic societal institutions and of the values that democratic societies promote, to create people who are neither free nor equal undermines those institutions and values. In short, not to prohibit 'designer children' would undermine the very foundations of our Western democratic societies. (shrink)