Legal Recognition Of Same Sex Partnerships

During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.

In this book an international team of scholars examines both theoretical issues and the wide variety of legal developments in various countires.

This open access book focuses on family diversity from a legal, demographical and sociological perspective. It investigates what is at stake in the life of homosexuals in the field of family formation, parenting and parenthood, what it brings to everyday life, the support of the law, and what its absence implies. The book shows the paths leading to the adoption of laws while demographic analyses concentrate on the link between registration of same-sex marriages and same-sex parenting with a detailed focus on Spain. The sociological chapters in this book, based upon qualitative surveys in France, Iceland and Italy, underline how the importance of the legal structure influenced the daily life of homosexual families. As such this book is an interesting read to lawyers, demographers, sociologists, behavioural scientists, and all those working in the field.

The legal recognition of same-sex couples in Europe has undergone dramatic changes over the last few years. Following the Scandinavian model, many European countries have adopted statutes on registered partnerships or are currently debating draft legislation. The differences are bigger than one would expect at first sight. This book provides detailed information about the current state of affairs. The latest adopted statutes and draft legislation are included.

The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.

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.

Evidence shows that married couples have better overall health than unmarried people. Scholars and policy makers contend that same-sex marriage provide similar benefits as well. Marriage and Health represents the forefront of marriage and health research on same-sex couples. This collection of essays presents new perspectives that address the challenges faced by same-sex couples in multiple domains of well-being.

This book examines the proliferation of policy making concerning the recognition and protection of same-sex relationships in the countries of North and South America, adding to the knowledge of developments in the United States and Canada, but, mostly notable, exploring more recent developments in Mexico, Central and South America, and the Caribbean. While much work has been done on developments in Europe and upper North America, this book attempts to broaden the understanding of relationship equality policy proliferation around the world and to add new insights regarding the policies of sexuality in different national contexts. The book discusses the several factors that have constrained and facilitated policymaking in this area including legal systems, public opinion, political culture, and, more particularly, the role of religion as a key obstacle in the recognition of rights for same-sex couples. The chapters also explore the role of institutional mechanisms, political parties, NGOs, IGOs, and international norms as significant factors for policy adoption This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.