Same Sex Couples - Comparative Insights on Marriage and Cohabitation
Macarena. Sáez
Bok Engelsk 2015 · Electronic books.
| Annen tittel | |
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| Medvirkende | |
| Utgitt | Dordrecht : : Springer Netherlands, , 2015.
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| Omfang | 1 online resource (215 p.)
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| Opplysninger | Description based upon print version of record.. - 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 Criterion2.2.3 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 History3.1.2 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 Colombia5.1 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. - 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 t
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| Emner | |
| Sjanger | |
| Dewey | |
| ISBN | 9789401797733
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