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Equality For Same Sex Couples

Author: Yuval Merin
Publisher: University of Chicago Press
ISBN: 9780226520339
Size: 44.81 MB
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During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.

Legal Recognition Of Same Sex Partnerships

Author: Robert Wintemute
Publisher: Hart Publishing
ISBN: 1841131385
Size: 70.20 MB
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"Based on 'Legal Recognition of Same-Sex Partnerships : a Conference on National, European and International Law', Centre of European Law, School of Law, King's College, University of London, 1-3 July, 1999"--Acknowledgments

Same Sex Couples Before National Supranational And International Jurisdictions

Author: Daniele Gallo
Publisher: Springer Science & Business Media
ISBN: 3642354343
Size: 77.82 MB
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The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.

Constitutional Courts Gay Rights And Sexual Orientation Equality

Author: Angioletta Sperti
Publisher: Bloomsbury Publishing
ISBN: 178225644X
Size: 79.20 MB
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In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Same Sex Marriage In The United States

Author: Jason Pierceson
Publisher: Rowman & Littlefield Publishers
ISBN: 1442212063
Size: 23.27 MB
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Same-sex marriage has become on of the defining social issues in contemporary U.S. politics. State court decisions finding in favor of same-sex relationship equality claims have been central to the issue’s ascent from nowhere to near the top of the national political agenda. Same-Sex Marriage in the United States tells the story of the legal and cultural shift, its backlash, and how it has evolved over the past 15 years.

Not The Marrying Kind

Author: Nicola Barker
Publisher: Palgrave Macmillan
ISBN: 1137266899
Size: 49.85 MB
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Not the Marrying Kind is a new and comprehensive exploration of the contemporary same-sex marriage debates in several jurisdictions including Australia, Canada, South Africa, the United Kingdom and the United States. It departs from much of the existing scholarship on same-sex marriage, which argues either for or against marriage for same-sex couples. Instead, this book begins from a critical analysis of the institution of marriage itself (as well as separate forms of relationship recognition, such as civil partnership, PaCS, domestic partnership) and asks whether and how feminist critiques of marriage might be applied specifically to same-sex marriage. In doing this, the author combines the theories of second wave feminism with insights from contemporary queer theory.

The Oxford Handbook Of Church And State In The United States

Author: Derek H. Davis
Publisher: Oxford University Press
ISBN: 0190208783
Size: 24.56 MB
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Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.

Governing Sexuality

Author: Carl Franklin Stychin
Publisher: Hart Publishing
ISBN: 1841132675
Size: 35.49 MB
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Exploring issues of sexual citizenship and law reform in the UK and Continental Europe today, this book uses same-sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy, rights discourse, national identity, citizenship, transnationalism, and globalization.

When Gay People Get Married

Author: M. V. Lee Badgett
Publisher: NYU Press
ISBN: 9780814791400
Size: 54.35 MB
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Winner of the 2010 Distinguished Book Award from the American Psychological Association’s 44th Division (the Society for the Psychological Study of Lesbian, Gay, Bisexual and Transgender Issues) The summer of 2008 was the summer of love and commitment for gays and lesbians in the United States. Thousands of same-sex couples stood in line for wedding licenses all over California in the first few days after same-sex marriage was legalized. On the other side of the country, Massachusetts, the very first state to give gay couples marriage rights, took the last step to full equality by allowing same-sex couples from other states to marry there as well. These happy times for same-sex couples were the hallmark of true equality for some, yet others questioned whether the very bedrock of society was crumbling. What would this new step portend? In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved. The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.

Gay Marriage

Author: William N. Eskridge
Publisher: Oxford University Press on Demand
ISBN: 9780195326970
Size: 11.49 MB
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Opponents of same-sex marriage in the United States often claim that allowing gays and lesbians to marry will lead to the downfall of the institution of marriage and will harm children. Drawing from 16 years of data and experience with same-sex unions in Scandinavia, Gay Marriage: For Better or for Worse? is the first book to present empirical evidence about the results of same-sex marriage (in the form of registered partnerships) from the Nordic countries. Spedale and Eskridge demonstrate that conservative defense-of-marriage arguments that predict negative effects from gay marriage are invalid, and the Scandinavian experience suggests that the institution of marriage may indeed benefit from the enactment of gay marriage. If we look at the proof from abroad, the authors argue, we must conclude that the sanctioning of gay marriage in the United States would neither undermine marriage as an institution, nor harm the wellbeing of our nation's children.