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Frederick Hertz

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Divorce & Marriage Rates for Same-Sex Couples

Posted: 11/10/11 05:50 PM ET

The Williams Institute, a prestigious gay-legal think tank located at the University of California Los Angeles, has just released some fascinating statistics. In a comprehensive study, researchers Lee Badgett and Jody Herman surveyed the number of same-sex couples that married or state-registered in civil unions or domestic partnerships. They also looked at the gender and age of those who did so. And most interestingly to me, they also looked at the number of couples that are formally ending their relationships, in comparison to the divorce rate for straight couples. The study can be found on Williams Institute website.

Here is a summary of what these researchers concluded:

1. Nearly 150,000 same-sex couples have either married or registered civil unions or domestic partnerships, which constitutes about one-fifth of same-sex couples in the U.S. (or rather, a fifth of those who acknowledged themselves as such in recent United States Census reports).

2. About 1% of the total number of currently-married or registered same-sex couples get divorced each year, in comparison to about 2% of the total number of married straight couples. Note that the percentage of couples that get divorced eventually is close to 50%, but only 1% or 2% of them get divorced in any particular year.

3. Couples are more likely to legally formalize their relationship when marriage is an option, as opposed to a marriage-equivalent domestic partnership or civil union registration in states where only those options are allowed.

4. Nearly two-thirds of registered or married same-sex couples are lesbians, and only about a third are gay men.

5. A smaller percentage of same-sex couples register or marry in comparison to straight couples, but if current trends continue the marriage/registration rates will be similar in about ten years.

What do these statistics tells us about what is happening with gay marriage and divorce?

First, marriage is much more attractive to same-sex couples than a legally equivalent registration as civil union or domestic partners. This finding is consistent with other studies that have shown that same-sex couples are more interested in the social symbolism and community acceptance that is bestowed by marriage, as opposed to the "dry" technical benefits of a domestic partnership or civil union. This should not surprise us -- increasingly, gay and lesbian folks seem to be not all that different than straight couples when it comes to love and romance. We lawyers tend to see marriage rights in terms of the legal benefits it confers, but that is not what motivates most couples to get hitched.

Second, marriage is more appealing to women than to men. There are some demographic reasons for this pattern -- women are more likely to be raising children, they are more likely to have one partner that is unemployed (and thus needing health benefits), and they tend to have lower incomes than their male counterparts and thus are concerned about the legal benefits of marriage. But it is also about our culture: despite the feminist arguments to the contrary, women tend to be more marriage-focused, be they straight or lesbian, and remember, lesbian women are still women. Interestingly, some studies have shown that committed lesbian relationships don't last longer than gay men's relationships. It will be fascinating to see whether the married lesbians will stick together longer than the unmarried ones.

Third, the divorce rate is lower for same-sex couples than straight couples. It would be wonderful to proclaim that this shows that gay folks are more committed to their marriages than straight folks -- and given the recent rash of near instantaneous divorces (think Kardashian) this wouldn't seem that crazy. However, I suspect that this can be attributed to the types of couples getting married in these early years of same-sex marriage, and not a testament to the stability of lesbian and gay relationships. There's no statistical data out yet on this particular dynamic, but in my experience as a lawyer working with same-sex couples, the partners getting married tend to be those who have already been together for some time. They already have weathered the stormy middle years of coupledom, and they are consciously committed to being a family. For that reason, we should not be surprised that they are not rushing to get divorced so quickly. Of course, there are a fair number of such couples whose relationships don't last, but on the whole it's a rather select group. Think about it -- the couples with shakier relationships are not likely to travel across state lines to get married -- and there certainly aren't any "shotgun" marriages in the gay community!

Despite the uncertainties about statistics and the limited data available, the trends uncovered by this report tell us a lot about the new world of same-sex marriage. The Williams Institute should be commended for their excellent work in documenting these fascinating social trends. Regardless of one's political position on the right of same-sex couples to legally marry, watching these sociological developments is bound to be enlightening for everyone.

 
 
 
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11:31 AM on 11/13/2011
We live in Indiana and we have no legal recognition what so ever. In fact the GOTB candidate for governor wants to put the "man and woman" thing in the state constitution. Our family, friends and co workers already considered us a married couple. How ever, it would be nice if we did not have to go through all sorts of expensive legal contortions to protect our common assets.
05:45 PM on 11/12/2011
As Eminem said, "I think that everyone should have the chance to be equally miserable, if they want."

Give it ten or fifteen years, gay marriage will be legal everywhere, and gay people will get divorced and miserable and ruined and nastyly fighting for kids custody the same way straight people are today.
06:44 PM on 11/12/2011
I hope not. Well, I do hope for gay marriage to be legal everywhere, but I also hope that divorce rates go down within the next 10 or 15 years.
12:15 PM on 11/13/2011
I'm confused : why do you think divorce would be less common by a few years?
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Contact1972
Honey Badger Don't Care
01:24 AM on 11/13/2011
15 years? Better be well before then. My partner and I have waited long enough.
03:09 PM on 11/11/2011
My partner and I have been together 27 years,and I am blessed beyond words,our families support and love us,our friends are real friends.
Our relationship has been the most wonderful thing to ever happen to me and our life together is a gift from God.
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Contact1972
Honey Badger Don't Care
01:19 AM on 11/13/2011
27 years? Congrats. My partner and I have some catching up to do lol. 11 years here.
02:37 PM on 11/11/2011
>> "4. Nearly two-thirds of registered or married same-sex couples are lesbians, and only about a third are gay men."

This statement carries at least one of two unproven assumptions -- (1) that none of the individuals in same sex marriages are bisexual, or (2) that being a bisexual person is the same thing as being a lesbian or a gay man. I checked the Williams Institute report linked above. The report talked about gender, not orientation, thereby declining to make either of those assumptions.

A more accurate statement would be, "Nearly two-thirds of registered or married same-sex couples are women, and only about a third are men." This revised statement allows for (1) the likelihood that some individuals in same-sex marriages are indeed bisexual, and (2) the likelihood that bisexual individuals might see themselves as different than gay or lesbian.
10:39 AM on 11/12/2011
This does seem a bit misleading. However, I think a case could be made that the termenology is correct, depending on how you define the words. Homosexuality and bisexuality do not have to be considered mutually exclusive.

This venn diagram is a good illustration (if you ignore the green circle).
http://images.cheezburger.com/completestore/2010/4/21/129163236066501350.png

Bisexuality is a state of being both heterosexual and homosexual. If you work with the definitions of "lesbian" as homosexual female and "gay male" as homosexual male then, a bisexual is necessarily either a lesbian or gay male, but not vice versa. In essence, homosexuality simply means that you are attracted to the same sex, not that you lack attraction to the opposite sex.
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Akshay Singh
Go To Sleep
01:06 AM on 11/11/2011
All of these statistics show that in both cases human beings and marriages are the same. Some break, some last long. All it shows that people who want to uphold the "sanctity" of marriage as between man and woman are full of it.

We're all the same, so no point in discrimination
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Contact1972
Honey Badger Don't Care
01:19 AM on 11/13/2011
Well said Akshay.
12:41 AM on 11/11/2011
Gay marriage must be a great relief. Couples get to go where their love leads them. Any disapproving family members can't keep them apart in times of trouble because they're legally married. Welcome to the marriage milieu and enjoy the heck out of it!
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Contact1972
Honey Badger Don't Care
01:20 AM on 11/13/2011
Unfortunately it's not at the Federal level as yet so we can't quite enjoy every aspect of marriage. Not yet at least.
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SalesmanForLife
Happy Humanist!
11:47 PM on 11/10/2011
I don't wanna marry. Whats all the fuss, having a great time unmarried.
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Dirk1
Same Sex Married
01:50 AM on 11/11/2011
Well, then, don't.
Just, don't be surprised if one day it hits you and hits you hard that the happiness of the guy you just wanted to bang has become essential to your own happiness. It doesn't always happen, and one should not marry just because 'every one else is doing it', but I've seen one heck of a lot of gay and straight male friends who never, ever, no way, no how were going to 'lose their freedom' end up the most married of all.
Just saying.
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SalesmanForLife
Happy Humanist!
12:34 PM on 11/12/2011
Been banging the same guy for 10 years and he is legally seperated but married. We will not be repeating that disaster.
01:52 AM on 11/11/2011
No kidding. And note that only 1/5 of gay COUPLES are getting married. Left out of the equation, as usual, is the vast majority who are single, single, single. In a culture so desperate to prop up marriage and general pairing up, there always seem to be surveys ready to do the required foot work. Single and still waiting for some respect. When will it come?
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SalesmanForLife
Happy Humanist!
12:32 PM on 11/12/2011
Yay, I am not alone!! My friends are always asking if I will get married and I say, def. no.....Don't wanna:)
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Ricardo Valentin
Old belief+new evidence=new belief
11:42 PM on 11/10/2011
Considering the strong prejudice that a significant part of the population holds against same sex marriage, I would suspect that only the most commited couples are the ones getting married.
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CSNC
Living on the edge -- not taking too much space
11:16 PM on 11/10/2011
"Do Same-Sex Couples REALLY Split Less Than Straight Ones?"

... as I said, it is the marriage thing. Not natural, for anyone.

Didn't you read a blog about that?

H
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knotsofast
47% pay no income tax, 47% support Obama
11:05 PM on 11/10/2011
They are only civil "marriages"...never married in the eyes of God. Even if a sham blasphemous priest does the ceremony.
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Darwincrat
My God only exists if you believe too.
11:34 PM on 11/10/2011
No one wants the approval of your backwards god.
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grandma58
http://parkersnowefiberartblog.blogspot.com/
11:46 PM on 11/10/2011
Married is married is married is committed, and that is all that matters.
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DanaRuns
6' blonde, liberal, lesbian, lawyer with a brain.
10:33 PM on 11/10/2011
I look forward to the day that I can marry my partner. As it turns out, people like us just might be good for the institution of marriage! (Of course we know that, but it's apparently some gigantic revelation for others.)
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myviewsofnow
We love Obama!
12:41 AM on 11/11/2011
I hope you can and very soon !
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01:12 AM on 11/11/2011
If marriage is the bedrock of society, then as many people should be offered the opportunity as possible. It can only make us stronger.
09:54 PM on 11/10/2011
Onward. Cheers, Joe Mustich, CT USA, Marriage Officiant
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09:23 PM on 11/10/2011
Interesting, but the source is bias as it states in the first paragraph.
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