Sentiment toward same-sex divorce

Abstract

The legalization of same-sex marriage in some American states has brought about another legal issue: same-sex divorce. This chapter examines that topic through an investigation of the community sentiment of judges, legislators, and rank-and-file citizens with a particular focus on the degree and patterns of change in sentiment. We pay particular attention to patterns in those states where same-sex marriages are not recognized and find some evidence that judges may have slightly more positive sentiment than the mass public. Through a survey in a non-marriage equality state, we find evidence that the variables linked to marriage attitudes are in step with those regarding divorce. This survey also shows evidence that such attitudes are impervious to priming effects. As same-sex marriage evolves in law and public opinion, we anticipate that divorces will continue to play a central role in the debate.