Same-Sex Adultery as a Ground for Divorce

Authors : Tuğçem Seçer

Pages : 743-773

Doi:10.60002/ebyuhfd.1536676

View : 58 | Download : 63

Publication Date : 2024-12-24

Article Type : Research Paper

Abstract :Discrimination against individuals with different orientations occurs when courts adopt a perspective that implies that those who do not identify as heterosexual are abnormal. Since marriage is a heterosexual legal relationship for the Turkish courts, the heteronormative dynamics rule the divorce. Protecting or supporting same-sex relationships has never been the goal of Turkish courts. Nonetheless, the court rulings constitute a form of rights violation, given that discrimination is expressly forbidden regarding Turkish legislation and causes compensation demands. Adultery is only one of the reflections of same-sex unions in the Turkish judication. Turkish courts are aware that decisions regarding adultery do not inevitably permit same-sex unions. Notwithstanding Türkiye is a secular state, the religious rules that a significant percentage of the population embraces cannot be disregarded when it comes to the administration of the judicial system. Nonetheless, the courts believe that they are acknowledging the possibility of same-sex relationships if they permit same-sex adultery. On the other hand, because of the fear of compensation, courts are beginning to adopt supposedly equal positions even in cases where they are sincerely unable to approve of same-sex unions, and some change their understandings case to case to avoid the accusation of discrimination, causing legal dualities.
Keywords : Ayrımcılık, Aile Hukuku, Boşanma, Cinsiyet Eşitliği, Yargılama