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Author: Frances Hamilton
Publisher: Routledge
ISBN: 0429664443
Category : Law
Languages : en
Pages : 295
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Book Description
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.
Author: Frances Hamilton
Publisher: Routledge
ISBN: 0429664443
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
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.
Author: Jason Pierceson
Publisher: Rowman & Littlefield
ISBN: 1442212055
Category : Family & Relationships
Languages : en
Pages : 267
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Book Description
Same-sex marriage has become one 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. This book aids in a classroom examination of the legal, political, and social developments surrounding the issue of same-sex marriage in the United States. While books about same-sex marriage have proliferated in recent years, few, if any, have provided a clear and comprehensive account of the litigation for same-sex marriage, and its successes and failures, as this book does. Updated through 2013, this edition details the watershed rulings in favor of same-sex marriage: the Supreme Court's June 26th repeal of DOMA, and of Proposition 8 in California, as well as the many states (New Jersey, Illinois, New Mexico, Hawaii, and Nevada among others) where activists and public leaders have made recent strides to ensure that gay couples have an equal right to marry.
Author: Justin Healey
Publisher:
ISBN: 9781922084019
Category : Civil unions
Languages : en
Pages : 60
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Book Description
Same-sex marriages are currently not permitted under Australian federal law. Although same-sex couples in a de facto relationship have had most of the legal rights of married couples since July 2009, there is however no national registered partnership or civil union scheme.
Author: David Blankenhorn
Publisher: ReadHowYouWant.com
ISBN: 1458763374
Category : Family & Relationships
Languages : en
Pages : 578
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Book Description
With precision and passion, David Blankenhorn offers a bold new argument in the debate over same-sex marriage: that it would essentially deny all children, not just the children of same-sex couples, their birthright to their own mother and father. If we change marriage, we change parenthood - for all families. Altering marriage to accommodate same-sex couples would mean weakening in culture and eliminating in law the idea that children need both their mother and their father. The Future of Marriage analyzes recent survey data from 35 countries, offering the first scientific evidence that support for marriage is weakest in those nations where support for gay marriage is strongest. Blankenhorn explains how same-sex marriage would transform our most pro-child social institution into a purely private relationship (''an expression of love'') between adults, defined by each couple as they wish. Changing marriage laws to include same-sex couples, he argues, would require us to ''deinstitutionalize'' marriage, ''amputating from the institution one after another of its core ideas, until the institution itself is like a room with all the furniture removed and everything stripped from the walls.'' For Blankenhorn, the main question concerning the future of marriage in the United States is not whether we will adopt gay marriage. The main question is whether the social institution of marriage will become stronger or weaker. If we wish to strengthen marriage on behalf of children, there is no shortage of ideas for doing so. What matters is whether we as a society regard this as a worthy and urgent goal.
Author: Kenji Yoshino
Publisher: Crown
ISBN: 0385348800
Category : Law
Languages : en
Pages : 386
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Book Description
"Tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate"--Dust jacket flap.
Author: William N. Eskridge
Publisher:
ISBN:
Category : Current Events
Languages : en
Pages : 312
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Book Description
Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.
Author: Brian Tobin
Publisher: Bloomsbury Publishing
ISBN: 1509952551
Category : Law
Languages : en
Pages : 221
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Book Description
This book analyses the key issues affecting same-sex families in Ireland and beyond today: marriage; formalised and non-formalised same-sex relationships outside of marriage; parental rights for same-sex couples with donor-conceived or surrogate-born children; and the protections afforded to same-sex families under European human rights law. It critically examines the Irish and Australian citizen-led approaches to achieving marriage equality, which made Ireland and Australia the first and second countries in the world, respectively, to extend the institution of marriage to same-sex couples on foot of a popular vote. It analyses the pragmatic and symbolic effects of civil partnership, which was the premier means of formalising same-sex unions in Ireland. Ireland's hurried 'divorce' from civil partnership in the aftermath of marriage equality is examined in light of evidence from the U.K. indicating that this mode of relationship recognition remains popular with both same-sex and opposite-sex couples in that jurisdiction. The book goes on to consider the legal position of same-sex couples who are parenting children born via assisted reproductive techniques (ARTs) like donor-assisted human reproduction (DAHR) and surrogacy. Finally, it looks at the impact (or lack thereof) of the European Convention on Human Rights (ECHR) as regards the protection of same-sex relationships, marriage and parental rights for same-sex couples. It does this to determine what is required of Ireland and other states party to the ECHR to comply with European human rights obligations when it comes to legally recognising couples, and parents, of the same sex. Shortlisted for the 2024 SLS Margaret Brazier Prize for Outstanding Mid-Career Scholarship.
Author: Sasha Issenberg
Publisher: Pantheon
ISBN: 1524748730
Category : History
Languages : en
Pages : 929
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Book Description
The riveting story of the fight for same-sex marriage in the United States--the most important civil rights breakthrough of the new millennium. On June 26, 2015, the United States Supreme Court ruled that state bans on gay marriage were unconstitutional, making same-sex unions legal throughout the United States. But the road to victory was much longer than many know. In this seminal work, Sasha Issenberg takes us back to Hawaii in the 1990s, when that state's supreme court first started grappling with the issue, and traces the fight for marriage equality from the enactment of the Defense of Marriage Act in 1996 to the Goodridge decision that made Massachusetts the first state to legalize same-sex marriage, and finally to the seminal Supreme Court decisions of Windsor and Obergefell. This meticulously reported work sheds new light on every aspect of this fraught history and brings to life the perspectives of those who fought courageously for the right to marry as well as those who fervently believed that same-sex marriage would destroy the nation. It is sure to become the definitive book on one of the most important civil rights fights of our time.
Author: Hui Liu
Publisher: Rutgers University Press
ISBN: 1978803486
Category : Political Science
Languages : en
Pages : 295
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Book Description
Evidence shows that married couples have better overall health than unmarried people. Scholars and policy makers contend that same-sex marriage provide similar benefits as well. Marriage and Health represents the forefront of marriage and health research on same-sex couples. This collection of essays presents new perspectives that address the challenges faced by same-sex couples in multiple domains of well-being.
Author: Rosie Harding
Publisher: Routledge
ISBN: 1136918973
Category : Family & Relationships
Languages : en
Pages : 215
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Book Description
Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area where the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments. Drawing on, and developing, the concept of ‘legal consciousness’, Regulating Sexuality focuses on four different ‘texts’: qualitative responses to a large-scale online survey of lesbians’ and gay men’s views about the legal recognition of same sex relationships; published auto/biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality.
