Pub Date : 2018-11-01DOI: 10.1093/MED-PSYCH/9780190635176.003.0020
Suzanne A. Kim, E. Stein
This chapter identifies ways researchers, policymakers, therapists, lawyers, and couples should attend to the role of gender and gender dynamics facing same-sex couples upon divorce or relationship dissolution. When same-sex couples marry, gender roles associated with a particular vision of different-sex couples—in reference to which the legal institution of marriage developed historically—may be projected onto same-sex couples both socially and by judges adjudicating their relationship dissolutions, often in a manner conflicting with couples’ intentions and practices. Thus, couples consisting of two men and couples consisting of two women may be differentially affected. Gender and gender dynamics are likely to affect the bases for dissolution (e.g., whether one of the spouses committed adultery or whether there is a basis for annulment); the financial aspects of dissolution; and determination of child custody. The chapter suggests directions for future research regarding the impact of gender on the dissolution of same-sex relationships.
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Pub Date : 2018-11-01DOI: 10.1093/MED-PSYCH/9780190635176.003.0002
N. Knauer
This chapter examines the implications of the landmark US Supreme Court decision Obergefell v. Hodges for same-sex marriage, divorce, and parental rights. Heralded as one of the most significant civil rights victories in recent memory, Obergefell had an immediate impact on the lives of same-sex couples by providing uniform and nationwide access to both marriage and divorce. It ended a confusing patchwork of state laws, some of which recognized same-sex marriage and some of which prohibited not only same-sex marriage but also domestic partnerships and civil unions. Obergefell also ensured that all same-sex married couples would be eligible for federal benefits regardless of where they lived. The longer-term effects and applications of Obergefell remain unclear, especially with respect to parental rights. In addition, Obergefell has ignited a backlash of religious exemptions law and concern remains that marriage equality may further marginalize nontraditional families and those who choose not to marry.
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