Coverart for item
The Resource Same Sex Couples - Comparative Insights on Marriage and Cohabitation

Same Sex Couples - Comparative Insights on Marriage and Cohabitation

Label
Same Sex Couples - Comparative Insights on Marriage and Cohabitation
Title
Same Sex Couples - Comparative Insights on Marriage and Cohabitation
Creator
Subject
Language
eng
Summary
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
Member of
Cataloging source
MiAaPQ
Literary form
non fiction
Nature of contents
dictionaries
Series statement
Ius Gentium: Comparative Perspectives on Law and Justice Ser.
Series volume
v.42
Same Sex Couples - Comparative Insights on Marriage and Cohabitation
Label
Same Sex Couples - Comparative Insights on Marriage and Cohabitation
Link
http://libproxy.rpi.edu/login?url=https://ebookcentral.proquest.com/lib/rpi/detail.action?docID=2097703
Publication
Copyright
Related Contributor
Related Location
Related Agents
Related Authorities
Related Subjects
Related Items
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Contents -- About the Authors -- 1 Introduction -- 1.1 The Road Towards the Recognition of Same-Sex Couples -- 1.1.1 Procreation and Choice -- 1.1.2 Human Dignity -- 1.1.3 Evolution of Concepts -- 1.2 Legal Systems That Deny Same-Sex Couples -- 1.3 Conclusion -- 2 And the Story Comes to an End: The Constitutionality of Same-Sex Marriages in Spain -- 2.1 Constitutional Basis of the Debate on Same-Sex Marriage -- 2.1.1 Equality -- 2.1.2 Dignity -- 2.1.3 Liberty -- 2.2 Challenges to the Constitutionality of Act 13/2005: Article 32 CE and Heterosexuality as a Defining Element in Marriage -- 2.2.1 Grammatical Criterion -- 2.2.2 Historical Criterion -- 2.2.3 Dynamic (Sociological) Criterion -- 2.3 The Constitutional Court and the Development of the Concepts of Constitutional Guarantee and Subjective Right -- 2.4 Same-Sex Couples and Marriage According to the Constitutional Court Prior to STC 198/2012 -- 2.5 Lessons from Portugal: Acórdãos 359/2009 and 121/2010 -- 2.6 The Spanish Constitutional Court and Its Long Awaited Decision STC 198/2012 -- 2.7 Conclusion -- Bibliography -- 3 Same-Sex Unions in Mexico: Between Text and Doctrine -- 3.1 Marriage and Family Law in Mexico -- 3.1.1 The Original Conception of Marriage and the Transformations of Marriage and Family Through History -- 3.1.2 Changes in Legal Reasoning Around Marriage -- 3.1.2.1 Marital Rape -- 3.1.2.2 Marriage, Divorce and the Loss of Parental Control -- 3.1.2.3 The No-Fault Divorce Case -- 3.2 Towards the Recognition of Same-Sex Couples and Same-Sex Marriage -- 3.2.1 The Mexico City Ruling -- 3.2.1.1 Why Is Same-Sex Marriage Constitutional? -- 3.2.1.2 Why Is Same-Sex-Parent Adoption Constitutional? -- 3.2.2 The Oaxaca Ruling -- 3.2.2.1 The Right to Non-discrimination -- 3.2.2.2 Is the Distinction Constitutional? -- 3.2.2.3 Would a Different Distinction Be Constitutional? -- 3.3 Conclusion
  • Bibliography -- Statutes -- Cases -- 4 Same-Sex Marriage in the United States -- 4.1 The Value of Marriage -- 4.2 A Dialogue Between Politics and Rights -- 4.2.1 From Courts to Political Processes and Vice Versa -- 4.2.2 California: From a Mayor's Decision to a Court's Decision -- 4.3 Windsor: The Game Changer -- 4.3.1 Windsor and Dignity: A Lost Opportunity -- 4.3.2 After Windsor: The Dialogue Between Rights and Politics Revisited -- 4.4 Before and After Windsor: A Narrow Concept of the Family -- Bibliography -- Cases and Documents -- Statutes -- 5 Marriage Between Two. Changing and Unchanging Concepts of Family: The Case of LGBTI Rights Litigation on Family Issues in Colombia -- 5.1 Changing Conceptions of the Family. The Family Protected Under 1991 Constitution and Its Multiple Meanings -- 5.1.1 Step One: Cohabitation Rights. De facto Marital Unions -- 5.1.2 Step Two: Marriage -- 5.1.3 Step Three: Adoption -- 5.2 Unchanging Conceptions of the Family. Marriage Between Two -- Bibliography -- 6 Same-Sex Relationships and Israeli Law -- 6.1 Legal Framework -- 6.1.1 Marriage and Divorce in Israel - Law and Jurisdiction -- 6.1.2 Marriage, Divorce, and Israeli Constitutional Law -- 6.2 Same-Sex Formal Marriage Under Israeli Law -- 6.2.1 Same-Sex Formal Marriage in Israel -- 6.2.2 Same-Sex Formal Marriages Celebrated Abroad -- 6.2.2.1 The Registration/Recognition Distinction -- 6.2.2.2 Validity of Civil Marriage Celebrated Abroad -- 6.3 Dissolving Same-Sex Marriages Performed Abroad -- 6.4 Reputed Spouses -- 6.4.1 Reputed Spouses Under Israeli Law in General -- 6.4.2 Same-Sex Couples as Reputed Spouses -- 6.4.2.1 The Family Court -- 6.4.2.2 Family Violence -- 6.4.2.3 Family Name -- 6.4.2.4 Succession -- 6.4.2.5 Social Rights -- 6.5 Consequences of Relationships: Marriage and Cohabitation -- 6.5.1 Property Relations -- 6.5.2 Maintenance Obligations
  • 6.6 Parenthood in Same-Sex Families -- 6.6.1 Becoming Parents by Adoption -- 6.6.2 Becoming Parents Through Reproductive Technologies -- 6.6.3 Being Legally Recognized as Co-parents -- 6.7 Conclusions -- Bibliography -- Books -- Articles -- Cases -- Legislation -- Others -- 7 Same-Sex Marriage in the Commonwealth Caribbean:Is It Possible? -- 7.1 Current Atmosphere of Hostility Toward LGBTI Communities in the Commonwealth Caribbean -- 7.1.1 Violence Against LGBTI Persons -- 7.1.2 Sociocultural Resistance to Sexual Minorities -- 7.1.3 State Complicity in Violence and Discrimination Against LGBTI Persons -- 7.2 Overview of Marriage Laws in the Commonwealth Caribbean -- 7.2.1 Heteronormative Trends in the Domestic Marriage Laws of Commonwealth Caribbean Countries -- 7.2.2 Same-Sex Marriage in Non-Commonwealth Caribbean Nations -- 7.3 Same-Sex Marriage in the Bahamas -- 7.4 Same-Sex Marriage in Jamaica -- 7.5 Same Sex Marriage in Trinidad and Tobago -- 7.6 Anti-Sodomy Laws of the Caribbean: The Colonial Legacy -- 7.6.1 Anti-Sodomy Laws in the Bahamas, Jamaica, and Trinidad and Tobago -- 7.6.2 Anti-Sodomy Laws in the Broader Independent Commonwealth Caribbean -- 7.6.3 Anti-Sodomy Laws in the British Overseas Territories (Anguilla, British Virgin Islands, Cayman Islands, Montserrat, and Turks and Caicos) -- 7.7 Regional Jurisprudence Around LGBTI Rights -- 7.7.1 Inter-American Court and Commission on Human Rights Jurisprudence -- 7.7.2 The United Kingdom Privy Council and the Caribbean Court of Justice -- 7.7.2.1 Privy Council Jurisprudence -- 7.7.2.2 Caribbean Court Jurisprudence -- 7.8 Limitations and Conclusion -- Bibliography -- Books -- Cases -- Journal Articles -- News Articles -- Legislation and Related Documents -- Published Reports -- Websites -- 8 Legal Status of Same-Sex Couples Within the Framework of Turkish Civil Law -- 8.1 Introduction
  • 8.2 Framework of Turkish Family Law -- 8.3 Application of Family Law Provisions -- 8.3.1 Application of Marriage Regulations to Same-Sex Couples -- 8.3.2 Application of Engagement Regulations to Same-Sex Couples -- 8.4 Possibility of Application of Contractual Provisions -- 8.4.1 Validity of the Contract -- 8.4.2 Donations Between Same-Sex Cohabitants -- 8.4.3 Labor Relationships Between Same-Sex Couples -- 8.4.4 Simple Partnership -- 8.5 Other Claims and Ways to Protect Same-Sex Couples -- 8.5.1 Claim for Compensation for the Loss of Support -- 8.5.2 Claims for Compensation Due to Mental Anguish and Emotional Distress -- 8.5.3 Parental Rights -- 8.6 Conclusion -- Bibliography
http://library.link/vocab/cover_art
https://contentcafe2.btol.com/ContentCafe/Jacket.aspx?Return=1&Type=S&Value=9789401797740&userID=ebsco-test&password=ebsco-test
Dimensions
unknown
http://library.link/vocab/discovery_link
{'f': 'http://opac.lib.rpi.edu/record=b4383362'}
Extent
1 online resource (215 pages)
Form of item
online
Isbn
9789401797740
Media category
computer
Media MARC source
rdamedia
Media type code
c
Sound
unknown sound
Specific material designation
remote

Library Locations

    • Folsom LibraryBorrow it
      110 8th St, Troy, NY, 12180, US
      42.729766 -73.682577
Processing Feedback ...