Comparison of US family law and Russian family law regarding the legalization of same-sex marriage

 Работу выполнила:

Краева Елизавета, 46 группа.

       Задание № 1.Выберите одну из наиболее интересных для вас отраслей российского права и подготовьте презентацию объёмом 1-2 стр.

 

       Good morning, and thanks for coming along. It’s great that so many of you have managed to make it this morning. I know that spring examination period is coming and time is precious for you. With that in mind, I’ll try to keep my talk brief.

       Let me just start by introducing myself. My name is Kraeva Elizabeth, and I am going to discuss a rather debatable question with you. I want to compare American family law and Russian family law regarding the legalization of same-sex marriage. I believe that one of the basic skills of law students is to compare legal positions, including the legal positions of different states, so for you this will be not only an interesting topic for discussion, but also practice.

       So, there are three main points I’d like to cover today. To begin with, I will tell you the legal position of the United States on this issue. Then we turn to the norms of the Family Code of the Russian Federation and see how the Russian legislator approaches this issue. I will also try to express my opinion on this topic. There will be a few minutes for questions at the end of my talk, but do feel free to interrupt me at any time.

       Well, let me start with the first point. The United States is one of the first states to allow the official registration of same-sex marriage.
       Until 2015, the union of same-sex marriages was banned, from 2004 to 2015, there was an active process for the recognition by different states of such marriages. By 2015, 34 states based on court decisions recognized the registration of same-sex marriage, and 12 states legalized such registration by law.    
       The point on this issue was set on June 26, 2015. From this date, the registration of same-sex marriage is legalized in all states of America. The United States was followed by many European states.
       The United States legalized the registration of same-sex marriages and brought in its favor the following arguments:
       — the US Supreme Court refers to the decision of the Supreme Court of Massachusetts, which says that the decision whether to marry someone, and if so, with whom, is one of the most important actions of self-determination in our lives;
       — the right to marriage is fundamental because it is the basis for creating the most important of all possible unions in which a person can participate.
       — the right to marriage consists in the fact that it is inextricably linked with the right to birth, adoption and raising children. In the USA, same-sex couples are allowed to adopt children, which, according to American lawmakers, fully explains the possibility of same-sex couples creating happy families.
       Thus, same-sex couples in marriage have the right to rely on the same legal regime as heterosexual couples, and limiting their rights would mean depriving them of their freedom of choice and their personal humiliation. The US Supreme Court concludes that same-sex couples are entitled to exercise the right to marry, which cannot be restricted to them.
       In the United States, same-sex couples are actively registering their unions, adopt children, and live as a full-fledged family. According to statistics, 981 thousand same-sex couples live in the USA, 491 thousand of them are married in the country. It is also noted that same-sex unions are stronger than traditional unions, which are world leaders in the number of divorces.
       This is the position of American law.

       Let's move on to the next point. If we analyze the legislation of our country, we can trace in the context of regulations that marriage is a union of two persons of the opposite sex.
       So, part 1 of article 12 of the Family Code states that marriage requires the mutual voluntary consent of the man and woman who marry and their marriageable age.
       Russian society reacts very harshly to homosexuality. Same-sex couples are humiliated and insulted by passers-by if they openly appear in a public place.
       In addition, adoption of a child by a same-sex couple can be considered as a violation of the constitutional rights and freedoms of the adopted.
       Russian legislation has good reasons for the prohibition of same-sex marriage in the country. There are concerns about a worsening demographic situation in the country. With same-sex unions, the birth rate will naturally decrease.   
       Despite the general denial of same-sex marriage, discussions on this topic periodically flare up in society in connection with statements by some citizens about the legalization of non-traditional relationships. 
       So, in 2005, a marriage registration application was submitted between the Bashkirian parliamentary deputy E. Murzin and the LGBT activist E. Mishin in the registry office of the Savelovsky district of Moscow. Having been refused registration, citing the fact that same-sex marriage is contrary to the Family Code of the Russian Federation, activists challenged this decision in court. On February 15, 2005, the Ostankino District Court of Moscow refused E. Murzin to satisfy the requirement to invalidate the decision of the registry office to refuse to register a marriage.

       I will give one more vivid example. The marriage was concluded between citizens of the Russian Federation in Copenhagen under the laws of Denmark. Denmark, like several other countries in the European Union, recognizes same-sex marriage. Later they returned to Russia, apostilled the documents received on the registration of marriage, translated into Russian, notarized and submitted to the multifunctional center. Internal affairs agencies in Russian passports stamped marriage registration. Then, after an active discussion of the current situation in the media, the passports of men were invalidated.

       So, to summarize, I will formally abstract the opposite approaches of the United States and Russia to the legalization of same-sex marriage.

       The United States did not find in its legislation grounds for prohibiting marriage between same-sex citizens, arguing for several points:
       — a favorable environment within the marriage, which can be created by any person, regardless of gender;      
       — the right to marry exists for any couples who want to define themselves in their relationship with each other;
       — the right to marriage consists in the fact that it is inextricably linked with the right to birth, adoption and raising children, which can be organized by same-sex couples by adopting a child.

       The Russian Federation, in turn, focuses on legal acts that treat marriage as a union of a man and a woman.
       In the legalization of same-sex marriages, the Russian state sees a number of negative factors that do not allow the legalization of such marriages: 
       — the moral side of the issue. Same-sex marriage is a denial of family values;
       — violation of the rights of the child during adoption by a same-sex couple;
       — reduction in fertility.

       I would also like to briefly express my opinion on this issue. For me, the US position on this issue is more attractive. As already mentioned several times, Russia focuses on legal acts, while the United States gives preference to the relationship between people. Same-sex couples are present in any country and this fact cannot be denied. I believe that legal acts should be consistent with modern public relations, and not vice versa. It is worth noting that at the moment, Russian society is not ready to legalize same-sex relations. This process should be carried out gradually and, possibly, in the long term, same-sex marriage will be legalized in our country.

       Thank you for attention, that all I wanted to say today. I’d be very happy to answer any questions you have. I would also like to hear your own opinion on this topic.