Legalization of same-sex relationships
| Quick info | |
|---|---|
| Data type | {{{datatype}}} |
| Scale | Date |
| Value labels | {{{valuelabels}}} |
| Technical name | cult_srg_fam_legal |
| Category | Culture |
| Label | Legalization of same-sex relationships (CRC 1342) |
| Related indicators | |
Legalization of same-sex acts and/or relationships.
Coding rules
The distinction between legalization, decriminalization, and criminalization: In some instances, countries have criminalized same-sex acts specifically. In some countries, those laws were then later abandoned, but no further mention of punishment or legalization was made. Then, the country is coded as “decriminalized”, as the status is generally unclear with the exception that there is no longer a cause for prosecution in the law. If a country specifically allows same-sex relations, these instances are coded as “legalization”. In cases where countries still actively prosecute the LGBTQ+ community, this is coded in the “criminalization” indicator. In some instances, there are, and never were, any mention of same-sex relations. In these instances, the respective criminalization and decriminalization indicators are coded with 9999. Due to the often unclear wording of the legal text, these indicators could potentially contradict each other.
The distinction between Marriage and Civil Unions: In many countries such as Germany, civil unions or registered partnerships offer similar advantages as traditional marriage but are not quite the same. Marriages between same-sex couples are coded as marriages if they contain the same regulations as marriages between different-sex couples. Civil unions, registered partnerships, or, in the case of Hawaii for example, reciprocal beneficiary relationships, however often contain limitations on regulations such as joint adoptions. They do however often contain benefits such as joint tax filing, benefits regarding employment and insurance, and decision-making power in emergencies. In many countries, civil unions are available for same-sex couples equally as to different-sex couples. In most countries in which civil unions are available for different-sex couples, these unions are the first regulation to be introduced for same-sex couples before the more traditional marriages are introduced. Some countries therefore still allow both types of legal unions for both same-sex and different-sex couples. In the Netherlands for example, registered partnerships for same-sex couples were introduced in 1998, a regulation that allowed a marriage-type union, but differs on the subject of adoption and rights regarding children. In 2001 a bill was passed to allow registered marriages between same-sex couples with the same rights as different-sex couples in the Netherlands as the first country to legalize marriage for the LGBTQ+ community. In some countries, the right to civil unions was abolished in favor of the broader marriage laws, such as in Germany, which allowed civil unions between 2001 and 2017, which were at introduction the only option for same-sex couples but have since then been replaced by the right to legal marriage (eingetragene Ehe vs. eingetragene Partnerschaft).
For further information see the Technical Paper: Besche-Truthe, Fabian; Seitzer, Helen; Windzio, Michael. 2020 “Cultural Spheres – Creating a dyadic dataset of cultural proximity”. SFB 1342 Technical Paper Series, 5. Bremen, SFB 1342.
Bibliographic info
Citation: Please cite the respective version of the dataset, the technical paper, or: Seitzer, Helen. 2022. “The Diffusion of Workplace Antidiscrimination Regulations for the LGBTQ+ Community.” In Networks and Geographies of Global Social Policy Diffusion: Culture, Economy, and Colonial Legacies, edited by Michael Windzio, Ivo Mossig, Fabian Besche-Truthe, and Helen Seitzer, 227–253. Cham: Springer International Publishing https://doi.org/10.1007/978-3-030-83403-6_9.
Related publications:
Misc
Project manager(s): Fabian, Besche-Truthe, Michael, Windzio, Helen, Seitzer,
- Version 0.001: Initial release
Revisions: No revisions yet
Sources
The information collected in this dataset was collected and validated from the sources listed below and collected in early 2022. As some of the sources are conflicting, even citing different legal text, the earliest and most explicit text was used.
