Same Sex Couples - Comparative Insights on Marriage and Cohabitation

Same Sex Couples - Comparative Insights on Marriage and Cohabitation
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.

Same-Sex Marriage

Same-Sex Marriage
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.

Colombian Constitutional Law

Colombian Constitutional Law
Author: Manuel José Cepeda Espinosa
Publisher: Oxford University Press
Total Pages: 449
Release: 2017-02-27
Genre: Law
ISBN: 0190640383

This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.

Indian Private International Law

Indian Private International Law
Author: Stellina Jolly
Publisher: Bloomsbury Publishing
Total Pages: 389
Release: 2021-10-07
Genre: Law
ISBN: 1509938206

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.

Trans Rights and Wrongs

Trans Rights and Wrongs
Author: Isabel C. Jaramillo
Publisher: Springer Nature
Total Pages: 552
Release: 2021-06-23
Genre: Law
ISBN: 3030684946

This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law’s functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.

Feminism and the Power of Love

Feminism and the Power of Love
Author: Adriana García-Andrade
Publisher: Routledge
Total Pages: 362
Release: 2018-04-17
Genre: Social Science
ISBN: 1351780123

The power of love has become a renewed matter of feminist and non-feminist attention in the 21st century’s theory debates. What is this power? Is it a form of domination? Or is it a liberating force in our contemporary societies? Within Feminism and the Power of Love lies the central argument that, although love is a crucial site of gendered power asymmetries, it is also a vital source of human empowerment that we cannot live without. Instead of emphasizing "either-or", this enlightening title puts the dualities and contradictions of love center stage. Indeed, by offering various theoretical perspectives on what makes love such a central value and motivator for people, this title will increase one’s understanding as to why love can keep people in its grip - even when practiced in ways that deplete and oppress. In light of such analyses, the contributions within Feminism and the Power of Love present new perspectives on the conditions and characteristics of non-oppressive, mutually enhancing ways of loving. Bridging the gap between Feminist Affect Studies and Feminist Love Studies, this book will appeal to undergraduate and postgraduate students, including postdoctoral researchers, interested in fields such as women’s and gender studies, sociology, political science, philosophy, cultural studies and sexuality studies.

Commonwealth Caribbean Insurance Law

Commonwealth Caribbean Insurance Law
Author: Lesley A Walcott
Publisher: Routledge
Total Pages: 347
Release: 2019-04-15
Genre: Law
ISBN: 1351031767

This book sets out in a clear and concise manner the central principles of insurance law in the Caribbean, guiding students through the complexities of the subject. This book features, among several other key themes, extensive coverage of: insurance regulation; life insurance; property insurance; contract formation; intermediaries; the claims procedure; and analysis of the substantive laws of several jurisdictions. Commonwealth Caribbean Insurance Law is essential reading for LLB students in Caribbean universities, students in CAPE Law courses, and practitioners.

The Politics of Same-Sex Marriage

The Politics of Same-Sex Marriage
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.

LGBTQ-Parent Families

LGBTQ-Parent Families
Author: Abbie E. Goldberg
Publisher: Springer Nature
Total Pages: 546
Release: 2020-04-03
Genre: Social Science
ISBN: 3030356108

This textbook offers a comprehensive overview of research on LGBTQ-parent families. The new edition of the textbook provides updated information and expands on the range and depth of current research. The volume features contributions from scholars in psychology, sociology, human development, family studies, gender studies, sexuality studies, legal studies, social work, and anthropology. In addition, the textbook offers an international perspective, with coverage spanning many diverse nations and cultures. Chapters highlight key research, exploring sexual orientation in relation to other key social identities, such as gender, race, and nationality. Chapters also discuss new, emerging areas of research, including asexuality and immigration. The textbook concludes with a section on the growing sophistication of research methodology in the study of LGBTQ-parent families. The second edition includes new chapters discussing: LGBTQ-parent families and health. LGBTQ foster parents. LGBTQ adults and sibling relationships. LGBTQ-parent families and poverty. LGBTQ-parent families and separation/divorce. LGBTQ-parent families and religion. LGBTQ-parent families and grief/loss. Methods, recruitment, and sampling in research with LGBTQ families. Teaching/pedagogy on LGBTQ-parent families. LGBTQ-Parent Families, 2nd Edition, is a valuable updated resource for graduate students as well as veteran and beginning clinicians across disciplines, including family studies, family therapy, gender studies, public health, social policy, social work and child and adolescent psychology as well as related disciplines across mental health and educational services.