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Legal Issues in Divorce for Transgender Individuals 变性人离婚中的法律问题
Pub Date : 2018-11-01 DOI: 10.1093/MED-PSYCH/9780190635176.003.0017
S. Minter
This chapter examines the legal issues faced by transgender people in divorce and child custody cases. Despite trans people’s increased visibility, and gains in legal rights and protections, many people—including judges—continue to harbor misconceptions about transgender people. Attorneys representing transgender clients must anticipate the possibility of judicial bias and take proactive steps to address it. Attorneys must be prepared for the unique legal issues that arise when a spouse transitions during an existing marriage. Even under modern “no-fault” divorce regimes, attorneys must be prepared to rebut the claim that coming out as transgender constitutes misconduct or justifies awarding the other spouse more marital property or spousal support. In custody cases, attorneys must anticipate and rebut misinformation and negative judicial attitudes toward transgender parents. Finally, even after Obergefell v. Hodges (2015), attorneys representing transgender clients who married before Obergefell must be prepared to explain why that decision is retroactive.
本章探讨了跨性别者在离婚和儿童监护案件中面临的法律问题。尽管变性人的知名度越来越高,在法律权利和保护方面也越来越多,但许多人——包括法官——仍然对变性人怀有误解。代表跨性别客户的律师必须预见到司法偏见的可能性,并采取积极的措施来解决这个问题。当配偶在现有婚姻中发生转变时,律师必须为出现的独特法律问题做好准备。即使在现代的“无过错”离婚制度下,律师们也必须准备好反驳这样的说法,即出柜是跨性别者构成了不当行为,或证明给另一方更多的婚姻财产或配偶抚养费是正当的。在监护案件中,律师必须预见并反驳对跨性别父母的错误信息和负面司法态度。最后,即使在奥贝格费尔诉霍奇斯案(2015)之后,代表在奥贝格费尔案之前结婚的跨性别客户的律师必须准备好解释为什么该决定具有追溯效力。
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引用次数: 1
From Conflict to Co-Parenting 从冲突到共同抚养
Pub Date : 2018-11-01 DOI: 10.1093/MED-PSYCH/9780190635176.003.0015
Mark Gianino, Elisabeth Sackton
This chapter examines important dimensions of assessment and intervention with same-sex parent couples who choose to dissolve their relationship during the course of treatment, or seek therapy after having made the decision to end their relationship. Unique aspects of therapy with same-sex separated parent couples are illustrated through case examples, and multicultural dimensions of the therapeutic work are emphasized. Special attention is paid to the impact of various forms of oppression on same-sex parenting couples who are separating in the context of societal homophobia and heterosexism. Recommendations for how to facilitate resiliency with these couples are offered. Specific areas of focus include (1) establishing goals for treatment; (2) determining whether the parents can work together on parenting issues; (3) structuring conjoint therapy or referral to a parenting coordinator with medium- and high-conflict couples; (4) establishing a therapist orientation and position that facilitates progress; and (5) the role of individual therapy.
本章探讨了在治疗过程中选择解除关系或在决定结束关系后寻求治疗的同性父母夫妇的评估和干预的重要维度。通过案例说明了同性离异父母治疗的独特方面,并强调了治疗工作的多元文化维度。特别关注在社会仇视同性恋和异性恋的背景下,各种形式的压迫对分居的同性父母的影响。建议如何促进这些夫妇的弹性提供。具体的重点领域包括:(1)建立治疗目标;(2)确定父母是否可以共同处理育儿问题;(3)对中、高冲突夫妻进行联合治疗或转介给育儿协调员;(4)建立有利于进步的治疗师取向和位置;(5)个体治疗的作用。
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引用次数: 1
Demographic Approaches to Same-Sex Relationship Dissolution and Divorce 同性关系解除和离婚的人口统计学方法
Pub Date : 2018-11-01 DOI: 10.1093/MED-PSYCH/9780190635176.003.0003
Wendy D. Manning, K. Joyner
The recent US Supreme Court decision to legalize marriages of same-sex couples has resulted in a surge of new marriages, and some end in divorce. There is a limited research base to draw on to understand the potential patterns and correlates of divorce among same-sex couples. There are only a few recent studies on the instability or dissolution of same-sex relationships in the United States in part because there are only a handful of data sources with large enough samples of same-sex couples that can be used to analyze the instability of same-sex relationships and compare their stability to different-sex relationships. The chapter reviews recent findings on the dissolution of same-sex relationships in Europe and the United States with a focus on the legal status of the relationship, noting areas for future research. It discusses potential opportunities and challenges in new studies of divorce and dissolution among same-sex couples.
最近,美国最高法院决定将同性婚姻合法化,这导致了新婚姻的激增,其中一些以离婚告终。有一个有限的研究基础来了解同性伴侣之间离婚的潜在模式和相关关系。在美国,最近关于同性关系不稳定或破裂的研究很少,部分原因是只有少数具有足够大的同性伴侣样本的数据来源,可以用来分析同性关系的不稳定性,并将其与异性关系的稳定性进行比较。这一章回顾了欧洲和美国最近关于同性关系破裂的研究结果,重点关注了这种关系的法律地位,并指出了未来研究的领域。它讨论了同性伴侣离婚和离婚的新研究中潜在的机遇和挑战。
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引用次数: 4
What Makes Same-Sex Relationships Endure? 是什么让同性关系经久不衰?
Pub Date : 2018-11-01 DOI: 10.1093/med-psych/9780190635176.003.0004
S. Rostosky, E. Riggle
This chapter asks, What contributes to the stability of same-sex couples?—or, in other words, Why do same-sex couples stay together? First, it reviews and critiques the empirical literature on stability and longevity in same-sex couple relationships. It then argues for the utility of more consistently integrating theories from relationship science that focus on investments, commitment, and intimate relationship interaction processes with the theory of minority stress. It suggests this integration will better reflect the lived experience of social stigma that continues to influence same-sex relationship stability. It ends with suggestions for future research to increase knowledge needed to build supportive, evidence-based interventions.
这一章的问题是,是什么促成了同性伴侣的稳定?——或者,换句话说,为什么同性伴侣要呆在一起?首先,它回顾和批评了关于同性伴侣关系的稳定性和寿命的实证文献。然后,它论证了更一致地整合关系科学理论的效用,这些理论侧重于投资、承诺和亲密关系互动过程与少数群体压力理论。这表明,这种整合将更好地反映继续影响同性关系稳定的社会耻辱的生活经历。报告最后对未来的研究提出了建议,以增加建立支持性的、以证据为基础的干预措施所需的知识。
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引用次数: 0
Emerging Legal Issues in Same-Sex Divorces 同性离婚新出现的法律问题
Pub Date : 2018-11-01 DOI: 10.1093/med-psych/9780190635176.003.0021
F. Hertz
There is no such thing as “gay marriage.” Rather, it is “straight” marital law that is applied to same-sex couples, with its well-established heteronormative rules of shared assets and debts, potential obligation for postseparation financial support, and marriage-based rules of parentage. While marriage equality is rightly celebrated as a civil rights victory, it has resulted in a host of unanticipated challenges for couples dealing with the break-up of their marital or registered partnership/civil union relationships. This is especially true for recently married couples that lived together for decades as an unmarried couple due to the inability to marry. This chapter describes the recurring challenges faced by same-sex couples seen through the lens of a variety of case examples, as observed by a California family law attorney and mediator who specializes in same-sex dissolutions, and who has been working with the LGBT community for more than thirty years.
根本就没有所谓的“同性婚姻”。更确切地说,适用于同性伴侣的是“异性恋”婚姻法,它有着公认的异性恋规则,包括共享资产和债务、分居后经济支持的潜在义务,以及基于婚姻的亲子关系规则。虽然婚姻平等被理所当然地视为民权的胜利,但它也给那些处理婚姻或登记伴侣关系/民事结合关系破裂的夫妇带来了许多意想不到的挑战。对于那些因为无法结婚而在一起生活了几十年的未婚夫妇来说,情况尤其如此。本章通过一系列案例描述了同性伴侣所面临的反复出现的挑战,这些案例是由加州一位专门研究同性离婚的家庭法律律师兼调解员观察到的,他在LGBT社区工作了30多年。
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引用次数: 0
Tying Tight or Splitting Up 紧紧地绑在一起还是分开
Pub Date : 2018-11-01 DOI: 10.1093/MED-PSYCH/9780190635176.003.0014
A. Sachs
In this reflexive autoethnography, the author uses performative writing and evocative personal narrative to recount the dissolution of his parents’ relationship and explore the implications of such dissolutions for children of same-sex relationships. The lack of legal and social support structures available to LGBTQ families in the 1980s, and the prevalence of anti-LGBTQ rhetoric focused on the effects of LGBTQ parents on children, both increased the already traumatic impact of family dissolution on the author. As a child, like members of many groups under “political threat,” the author feared that discussing the difficulty of his parents’ separation would validate anti-LGBTQ rhetoric. For the author, labeling the dissolution of his parents’ relationship as “divorce,” and finding friendship with other young people from divorced families, was insufficient; only peer support from other people with LGBTQ parents helped the author to find a safe space to share the trauma of parental relationship dissolution.
在这本反思性的自我民族志中,作者使用表演写作和令人回味的个人叙述来叙述他父母关系的破裂,并探索这种破裂对同性关系的孩子的影响。20世纪80年代,LGBTQ家庭缺乏法律和社会支持结构,反LGBTQ言论的流行主要集中在LGBTQ父母对孩子的影响上,这都增加了家庭破裂对作者的创伤性影响。作为一个孩子,就像许多受到“政治威胁”的群体的成员一样,作者担心讨论父母分居的困难会使反lgbtq的言论合法化。对作者来说,将父母关系的破裂贴上“离婚”的标签,并与来自离婚家庭的其他年轻人建立友谊,是不够的;只有来自其他LGBTQ父母的同伴支持,才能帮助作者找到一个安全的空间来分享父母关系破裂的创伤。
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引用次数: 0
Stress in the Lives of Same-Sex Couples 同性伴侣生活中的压力
Pub Date : 2018-11-01 DOI: 10.1093/MED-PSYCH/9780190635176.003.0005
D. Frost, A. LeBlanc
Due to the stigmatization of their relationships, people in same-sex couples are at risk for exposure to forms of social stress that those in different-sex couples are not. This chapter discusses how these “couple-level minority stressors,” which may be individually experienced as well as jointly experienced with a partner, may have deleterious effects and lead to relationship dissolution and divorce among same-sex couples. Moreover, it describes potential stress processes emanating from discrepancies in minority stress experiences and stress contagion between partners in same-sex relationships, which may contribute to relationship dissolution in previously unexamined ways. The chapter discusses the role resilience resources may play in same-sex couples’ experiences of minority stress, potentially mediating or moderating its effects on relationship quality, and concludes by considering how better understandings of minority stress in relational contexts can deepen emerging understandings of relationship dissolution in same-sex couples and inform psychological interventions for those seeking help.
由于他们的关系被污名化,同性伴侣面临着暴露于不同性别伴侣所没有的各种社会压力的风险。这一章讨论了这些“夫妻层面的少数压力源”,可能是个人经历的,也可能是与伴侣共同经历的,可能会产生有害的影响,导致同性伴侣之间的关系破裂和离婚。此外,它还描述了潜在的压力过程,这些压力过程源于少数民族压力经历的差异和同性关系中伴侣之间的压力传染,这可能以以前未被研究的方式导致关系破裂。本章讨论了弹性资源在同性伴侣的少数群体压力体验中可能发挥的作用,可能调解或缓和其对关系质量的影响,并通过考虑如何更好地理解关系背景下的少数群体压力,加深对同性伴侣关系破裂的新理解,并为寻求帮助的人提供心理干预。
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引用次数: 4
Child Custody in the Context of LGBTQ Relationship Dissolution and Divorce LGBTQ关系解除与离婚背景下的子女监护
Pub Date : 2018-11-01 DOI: 10.1093/MED-PSYCH/9780190635176.003.0011
Kimberly Pearson
This chapter discusses how families headed by LGBTQ people can engage in transformative advocacy during child custody disputes. It presents cases that demonstrate how parental sexual orientation identity can be used to bolster parental claims of fitness and bids for more custodial time with a child. It discusses how advocacy efforts for same-sex marriage and equal treatment of LGBTQ parents have often used assimilative strategies to gain legal protection. Now that many state jurisdictions expand and align their marriage-related rules to include child custody decisions, it is likely that courts will rely on assimilative narratives when making custody decisions for children of LGBTQ parents. As a result, LGBTQ families that fall outside of the stereotypical monogamous, white, wealthy, family configuration may find themselves precluded from legal protection. Deploying a wider range of LGBTQ-positive arguments in child custody cases could help courts recognize ongoing forms of bias against LGBTQ families.
本章讨论了LGBTQ人领导的家庭如何在儿童监护权纠纷中进行变革性的倡导。它展示了一些案例,证明父母的性取向身份可以用来支持父母的健康主张,并争取更多的监护时间。它讨论了倡导同性婚姻和平等对待LGBTQ父母的努力如何经常使用同化策略来获得法律保护。现在,许多州的司法管辖区扩大并调整了与婚姻有关的规则,将儿童监护权的决定纳入其中,法院在为LGBTQ父母的孩子做出监护权决定时,很可能会依赖于同化叙事。因此,那些不属于典型的一夫一妻制、富裕的白人家庭结构的LGBTQ家庭可能会发现自己被排除在法律保护之外。在儿童监护权案件中采用更广泛的对LGBTQ有利的论点,可以帮助法院认识到对LGBTQ家庭的持续偏见。
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引用次数: 2
Exploring the Polysemy of Voice and Silence 浅谈声与沉默的一词多义性
Pub Date : 2018-11-01 DOI: 10.1093/MED-PSYCH/9780190635176.003.0022
G. Yep, Rebecca N. Gigi, Briana E. Avila
This chapter addresses the complex interplay between voice and silence in US LGBT communities. In terms of voice, the chapter focuses on Evan Wolfson, founder of Freedom to Marry and colloquially known as “Mr. Gay Marriage,” whose public comments on same-sex divorce before and after the Supreme Court ruling on marriage equality focused on two central themes: (1) fairness and (2) protection. In terms of silence, the chapter focuses on the largely absent discourse about same-sex divorce in mainstream LGBT online media to explore its multiple meanings. The analysis explores three major themes: (1) that same-sex divorce is a recent phenomenon, (2) that same-sex divorce may not be relevant to unconventional long-term relationships, and (3) that creation of a pseudo charmed circle suppresses the visibility of same-sex divorce. The chapter concludes by exploring the implications of the multiple meanings of voice and silence surrounding same-sex relational dissolution.
本章探讨了美国LGBT群体发声与沉默之间复杂的相互作用。在声音方面,这一章主要关注“婚姻自由”的创始人埃文·沃尔夫森(Evan Wolfson),他被称为“同性婚姻先生”,在最高法院对婚姻平等作出裁决前后,他对同性离婚的公开评论集中在两个中心主题上:(1)公平和(2)保护。在沉默方面,本章将重点放在主流LGBT网络媒体中基本缺失的关于同性离婚的话语上,探讨其多重含义。该分析探讨了三个主要主题:(1)同性离婚是一个最近的现象;(2)同性离婚可能与非传统的长期关系无关;(3)建立一个伪魅力圈抑制了同性离婚的可见性。本章最后探讨了声音和沉默的多重含义对同性关系破裂的影响。
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引用次数: 0
A Daughter of a Transgender Parent’s Perspective on Relationship Dissolution 一个跨性别父母的女儿对关系破裂的看法
Pub Date : 2018-11-01 DOI: 10.1093/med-psych/9780190635176.003.0019
Amanda Veldorale-Griffin
In this chapter, the author presents her experience as the daughter of a transgender woman who transitioned when the author was a child. The author explores her experience coming to terms with her father’s gender identity, managing her own fears of stigma and harassment from others, and navigating her parents’ divorce. She also discusses her journey to becoming a family therapist and family science researcher whose work focuses on transgender individuals and family dynamics. This chapter also includes a brief overview of the author’s research with transgender parents and their children and a discussion of best practices for therapists working with these families.
在这一章中,作者介绍了她作为一个变性女人的女儿的经历,这个女人在作者还是个孩子的时候就变性了。作者探讨了她如何接受父亲的性别认同,如何处理自己对耻辱和他人骚扰的恐惧,以及如何应对父母的离婚。她还讨论了她成为一名家庭治疗师和家庭科学研究员的过程,她的工作重点是跨性别者和家庭动态。本章还简要概述了作者对跨性别父母及其子女的研究,并讨论了治疗师与这些家庭合作的最佳实践。
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引用次数: 0
期刊
LGBTQ Divorce and Relationship Dissolution
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