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Variations on an Equitable Theme: Explaining International Same-Sex Partner Recognition Laws
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Variations on an Equitable Theme:
Explaining International Same-Sex Partner Recognition Laws
Abstract
Formal legal recognition of same-sex couples that provides at least some rights and responsibilities of marriage has spread rapidly throughout Western Europe, beginning with Denmark in 1989 and now in eight other countries. This article draws on conceptual frameworks of institutional change from several social sciences to explain why the nine countries recognize same-sex partnerships, while other countries with similar economic statuses, social histories, and religious traditions do not. One strand of theory focuses on the efficiency-enhancing potential of institutions, and a second strand of theory focuses on the conflict over institutional change. This paper uses both quantitative regression analysis and Qualitative Comparative Analysis of efficiency-related and conflict-related variables, including social norms, religiosity, political resources, and economic incentives, to explain the pattern of SSPR adoption. The findings suggest that tolerant attitudes toward homosexuality, low religiosity, and high levels of cohabitation are the primary predictors of a country’s legal recognition of same-sex partners.
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1
Variations on an Equitable Theme:
Explaining International Same-Sex Partner Recognition Laws
Abstract
Formal legal recognition of same-sex couples that provides at least some rights and
responsibilities of marriage has spread rapidly throughout Western Europe, beginning with
Denmark in 1989 and now in eight other countries. This article draws on conceptual frameworks
of institutional change from several social sciences to explain why the nine countries recognize
same-sex partnerships, while other countries with similar economic statuses, social histories, and
religious traditions do not. One strand of theory focuses on the efficiency-enhancing potential of
institutions, and a second strand of theory focuses on the conflict over institutional change. This
paper uses both quantitative regression analysis and Qualitative Comparative Analysis of
efficiency-related and conflict-related variables, including social norms, religiosity, political
resources, and economic incentives, to explain the pattern of SSPR adoption. The findings
suggest that tolerant attitudes toward homosexuality, low religiosity, and high levels of
cohabitation are the primary predictors of a country’s legal recognition of same-sex partners.
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