Same Sex Couples Comparative Insights On Marriage And Cohabitation
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| Author | : Macarena Sáez |
| Publisher | : Springer |
| Total Pages | : 215 |
| Release | : 2015-05-06 |
| Genre | : Law |
| ISBN | : 9401797749 |
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.
| Author | : Craig A. Rimmerman |
| Publisher | : University of Chicago Press |
| Total Pages | : 403 |
| Release | : 2007-10 |
| Genre | : Family & Relationships |
| ISBN | : 0226720004 |
Same-sex marriage emerged in 2004 as one of the hottest issues of the campaign season. But in a severe blow to gay rights advocates, all eleven states that had the issue on the ballot passed amendments banning the practice, and the subject soon dropped off the media’s radar. This pattern of waxing and waning in the public eye has characterized the debate over same-sex marriage since 1996 and the passing of the Defense of Marriage Act. Since then, court rulings and local legislatures have kept the issue alive in the political sphere, and conservatives and gay rights advocates have made the issue a key battlefield in the culture wars. The Politics of Same-Sex Marriage brings together an esteemed list of scholars to explore all facets of this heated issue, including the ideologies and strategies on both sides of the argument, the public’s response, the use of the issue in political campaigns, and how same-sex marriage fits into the broad context of policy cycles and windows of political opportunity. With comprehensive coverage from a variety of different approaches, this volume will be a vital sourcebook for activists, politicians, and scholars alike.
| Author | : Jonathan Rauch |
| Publisher | : Macmillan |
| Total Pages | : 226 |
| Release | : 2005-02-01 |
| Genre | : Social Science |
| ISBN | : 1429936746 |
A leading Washington journalist argues that gay marriage is the best way to preserve and protect society's most essential institution Two people meet and fall in love. They get married, they become upstanding members of their community, they care for each other when one falls ill, they grow old together. What's wrong with this picture? Nothing, says Jonathan Rauch, and that's the point. If the two people are of the same sex, why should this chain of events be any less desirable? Marriage is more than a bond between individuals; it also links them to the community at large. Excluding some people from the prospect of marriage not only is harmful to them, but is also corrosive of the institution itself. The controversy over gay marriage has reached a critical point in American political life as liberals and conservatives have begun to mobilize around this issue, pro and con. But no one has come forward with a compelling, comprehensive, and readable case for gay marriage-until now. Jonathan Rauch, one of our most original and incisive social commentators, has written a clear and honest manifesto explaining why gay marriage is important-even crucial-to the health of marriage in America today. Rauch grounds his argument in commonsense, mainstream values and confronting the social conservatives on their own turf. Gay marriage, he shows, is a "win-win-win" for strengthening the bonds that tie us together and for remaining true to our national heritage of fairness and humaneness toward all.
| Author | : David E. Newton |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 239 |
| Release | : 2016-09-26 |
| Genre | : Social Science |
| ISBN | : |
Same-sex marriage continues to be a polarizing subject in the United States and other parts of the world. This new edition of Same-Sex Marriage: A Reference Handbook brings readers up to date on the status of same-sex unions from social, legal, political, and historical perspectives. According to Pew Research poll data, in 2001, the majority of Americans opposed same-sex marriage—57 percent against, 35 percent in support. As of 2015, a majority of Americans (55 percent) supported same-sex marriage, with 39 percent expressing opposition. The landmark Obergefell v. Hodges case, in which the U.S. Supreme Court held in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples, is likely further influencing opinions among U.S. citizens. Still, controversy and heated debate continues to ensue on the social, legal, and political implications of same-sex marriage. The second edition of Same-Sex Marriage: A Reference Handbook presents thorough coverage of recent changes in the legal status of same-sex marriage in the United States as well as essays that provide historical perspectives on same-sex marriage; an extensive, up-to-date bibliography; a collection of primary source documents; a glossary; and a chronology that will serve readers studying the topic. New material includes a detailed discussion of the 2015 Supreme Court of the United States decision as well as coverage of issues that have arisen as a result of the Obergefell case, such as the debate over "religious freedom" and LGBT civil rights legislation.
| Author | : Stellina Jolly |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 416 |
| Release | : 2021-10-07 |
| Genre | : Law |
| ISBN | : 1509938192 |
This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.
| Author | : Manuel José Cepeda Espinosa |
| Publisher | : Oxford University Press |
| Total Pages | : 449 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0190640367 |
Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.
| Author | : Cynthia Grant Bowman |
| Publisher | : Oxford University Press |
| Total Pages | : 287 |
| Release | : 2010-04-14 |
| Genre | : Law |
| ISBN | : 0199707146 |
In Unmarried Couples, Law, and Public Policy, Cynthia Grant Bowman explores legal recognition of opposite-sex cohabiting couples in the United States. Unmarried cohabitation has increased at a phenomenal rate in the U.S. over the last few decades, but the law has not responded to the legal issues raised by this new family form. Although a majority of cohabiting unions dissolve within the first two years, many are longer in term and function like other families; a large number of children also reside in these households. If one partner dies, is injured, or leaves the family, the remaining family members are left in an extremely vulnerable position in almost every state without any type of survivors' benefits, compensation for loss of a wage-earning partner, or remedies similar to those available upon dissolution of a marriage. The author argues that the many benefits attendant upon formal marriage should be extended to cohabitants who have lived together for more than two years or give birth to a child. In order to avoid these consequences, a couple would need to opt out of them by contract. Professor Bowman reaches this conclusion after a thorough review of the history of the legal treatment of cohabitation in the United States, the inadequacy of the legal remedies available to cohabitants in most states, the now-voluminous social science literature about cohabitation, and the experience of six other countries (England, Canada, Australia, France, The Netherlands, and Sweden) that have attempted a variety of legal reforms to address the problems of cohabitants.
| Author | : Philip Blumstein |
| Publisher | : New York : Morrow |
| Total Pages | : 664 |
| Release | : 1983 |
| Genre | : Family & Relationships |
| ISBN | : |
An authoritative study of contemporary American couples--married, living together, and homosexual--addresses diverse issues involved in their work, money, and sexual and emotional relationships.
| Author | : Brian J Willoughby |
| Publisher | : Routledge |
| Total Pages | : 222 |
| Release | : 2020-11-29 |
| Genre | : Psychology |
| ISBN | : 1000283305 |
This essential text explores the concept of "Me-Marriage"—a marital relationship that blends individualized life goals and interests—and draws from research on the current benefits and costs of marriage to consider how to achieve success, both individually and relationally. Chapters explore the larger patterns at play and identify the trends about what a modern "healthy marriage" looks like for this new generation. Brian J. Willoughby combines a review of the latest social science research on the benefits and costs of marriage with new quantitative and qualitative data from married and single adults. The book explores how marriage has fundamentally shifted in the Western world due to the changing values and approaches to relationships by the Millennial generation that is now largely transitioning to marriage. This book is an ideal text for clinicians and practitioners (particularly those working with young married populations) looking for guidance on how to understand the increasingly complex ways that adults are navigating their relationship landscape, as well as students and scholars in the fields of psychology, family studies, and sociology and those interested in individual development, relational development, and demographic trends on the family.
| Author | : Brian Tobin |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 221 |
| Release | : 2023-02-23 |
| Genre | : Law |
| ISBN | : 1509952551 |
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.
