On Same Sex Marriage Civil Unions And The Rule Of Law
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On Same Sex Marriage Civil Unions And The Rule Of Law
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Author : Mark Strasser
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2002-10-30
On Same Sex Marriage Civil Unions And The Rule Of Law written by Mark Strasser and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-30 with Law categories.
The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner. Discussing the constitutional implications of civil unions with a special focus on how they might be treated in the interstate context, Strasser explains how the courts and commentators have reworked and significantly weakened a variety of constitutional protections in their attempts to establish that same-sex couples are not afforded constitutional protections. He further suggests that the constitutional protections for religion support rather than undermine the constitutional protection of same-sex unions.
Same Sex Couples Comparative Insights On Marriage And Cohabitation
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Author : Macarena Sáez
language : en
Publisher: Springer
Release Date : 2015-05-06
Same Sex Couples Comparative Insights On Marriage And Cohabitation written by Macarena Sáez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-06 with Law categories.
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.
Marriage And Same Sex Unions
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Author : Lynn D. Wardle
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2003-04-30
Marriage And Same Sex Unions written by Lynn D. Wardle and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-30 with Political Science categories.
This book exemplifies the high quality of thoughtful discussion and debate that is possible on the issue of same-sex marriage. Authors are paired to address and respond to a particular topic, one in favor of state recognition of same-sex relationships, and one in favor of limiting state recognition to those relationships that have been traditionally recognized as marriages. Proposals to legalize same-sex marriage evoke strong response from those on both sides of the debate. Much has been written about the legal policy issues over the legal recognition of same-sex unions in the United States, yet there has been little dialogue and exchange between participants in the debate. This book attempts to open that dialogue, and to exemplify the high quality of thoughtful discussion and debate that is possible. Authors are paired to address and respond to a particular topic, one in favor of state recognition of same-sex relationships and one in favor of limiting state recognition to those relationships that have been traditionally recognized as marriages. This ideal introduction is designed to lead the reader through the relevant issues, progressing from the general to the particular. Debates are contextualized, offering comparative, historical, and family-policy perspectives, asking fundamental questions such as what is the purpose of a family, and what interests, if any, that state has in promoting a particular type of family over others. Issues of jurisprudence and political philosophy are examined, addressing the public benefits of marriage and equal treatment before the law, among other items. The constitutionality of same-sex marriage or domestic partnership policies is explored. Finally, this book covers the broad implications when states—such as Vermont—legally recognize same-sex unions, and the impact of international recognition of same-sex marriage rights.
Same Sex Relationships Law And Social Change
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Author : Frances Hamilton
language : en
Publisher: Routledge
Release Date : 2020-01-15
Same Sex Relationships Law And Social Change written by Frances Hamilton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-15 with Law categories.
This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.
Making It Legal
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Author : Frederick Hertz
language : en
Publisher: Nolo
Release Date : 2018-04-01
Making It Legal written by Frederick Hertz and has been published by Nolo this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-01 with Family & Relationships categories.
Marriage equality is here to stay: Understand the benefits and complications Full legal marriage is now available in all U.S. states. But there are still many questions that same-sex couples should discuss before walking down the aisle. Learn how marriage will affect: your family if you have children your taxes, and your responsibility for your partner’s debts. Making It Legal also covers state laws on same-sex domestic partnerships and civil unions, and explains whether your registration will be recognized if you move to another state.
Same Sex Couples Before National Supranational And International Jurisdictions
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Author : Daniele Gallo
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-02
Same Sex Couples Before National Supranational And International Jurisdictions written by Daniele Gallo and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-02 with Law categories.
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.
Same Sex Different States
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Author : Andrew Koppelman
language : en
Publisher: Yale University Press
Release Date : 2006-01-01
Same Sex Different States written by Andrew Koppelman and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Social Science categories.
This book is a comparative history devoted to the revolutionary tradition in the West as it evolved over many centuries and reached its logical, though extreme, culmination in the Communist revolutions of the twentieth century. Unique in the breadth of its scope, "History's Locomotives" is also unique in its interpretation of the origins and history of socialism as well as the meanings of the Russian Revolution, the rise of the Soviet regime, and the ultimate collapse of the Soviet Union. The masterwork of a historian in whom a fine sense of historical particularity never interfered with the ability to see the large picture, this book explores religious conflicts in fifteenth- and sixteenth-century Europe, the revolutions in England, American, and France, and the twentieth-century Russian explosions into revolution. Malia finds that twentieth-century revolutions have deep roots in European history and that revolutionary thought and action underwent a process of radicalization from one great revolution to the next. He offers an original view of the phenomenon of revolution and a fascinating assessment of its power as a driving force in history.
Equality Dignity And Same Sex Marriage
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Author : Man Yee Karen Lee
language : en
Publisher: BRILL
Release Date : 2010
Equality Dignity And Same Sex Marriage written by Man Yee Karen Lee and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Om udviklingen i homoseksuelles rettigheder på det ægteskabsretlige område i internationalt perspektiv.
Same Sex Marriage And The Constitution
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Author : Evan Gerstmann
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-26
Same Sex Marriage And The Constitution written by Evan Gerstmann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-26 with Law categories.
A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.
Legal Recognition Of Same Sex Couples In Europe
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Author : Katharina Boele-Woelki
language : en
Publisher: Intersentia nv
Release Date : 2003
Legal Recognition Of Same Sex Couples In Europe written by Katharina Boele-Woelki and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Civil unions categories.
The legal recognition of same-sex couples in Europe has undergone dramatic changes over the last few years. Following the Scandinavian model, many European countries have adopted statutes on registered partnerships or are currently debating draft legislation. The differences are bigger than one would expect at first sight. This book provides detailed information about the current state of affairs. The latest adopted statutes and draft legislation are included.