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

Same Sex Couples - Comparative Insights on Marriage and Cohabitation

Same Sex Couples - Comparative Insights on Marriage and Cohabitation
Same Sex Couples - Comparative Insights on Marriage and Cohabitation
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
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Ius Gentium: Comparative Perspectives on Law and Justice Ser.
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Same Sex Couples - Comparative Insights on Marriage and Cohabitation
Same Sex Couples - Comparative Insights on Marriage and Cohabitation
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  • 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 -- Marital Rape -- Marriage, Divorce and the Loss of Parental Control -- 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 -- Why Is Same-Sex Marriage Constitutional? -- Why Is Same-Sex-Parent Adoption Constitutional? -- 3.2.2 The Oaxaca Ruling -- The Right to Non-discrimination -- Is the Distinction Constitutional? -- 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 -- The Registration/Recognition Distinction -- 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 -- The Family Court -- Family Violence -- Family Name -- Succession -- 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 -- Privy Council Jurisprudence -- 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
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