Suchergebnisse

This article explores some limits to freedom imposed by family law & considers the merit of extending marriage rights to homosexual cohabitants -- a topic of heated debate throughout the world. Answering this question requires first examining the relationship between marriage & cohabitation. Marriage is a contract into which most heterosexual couples choose to enter, though the number of those who do not is growing. It is not a choice in most places for homosexual couples. However, there has been a recent trend to increase the obligations of unmarried intimate cohabitants, both hetero- & same-sex couples. In essence this trend has implications for personal autonomy. The contrasting legal positions of cohabitants & spouses are examined. It is concluded that marriage is useful in cohabitation settings where there is asymmetry in life profiles. It allows spouses or partners to feel comfortable with long-term investments of time & effort, especially when there are children involved. This is true for both opposite- & same-sex couples. Therefore it is suggested that a new form of obligated cohabitation, called the "marriage lite," might be an acceptable alternative for those who do not wish to marry but do wish for a certain degree of legal obligation & commitment. References. J. Stanton

Democracy, discursive frames, and same-sex unions : a cross-national analysis / Ahmed Khanani and Jean C. Robinson -- Constructing policy innovation in Argentina : from gender quotas to same-sex marriage / Adriana Piatti-Crocker -- The Argentine supreme court and the construction of a constitutional protection of sexual minorities / Laura Saldivia -- Policy stability without policy : the battle for same-sex partnership recognition in Brazil / Shawn Schulenberg -- Same-sex relationship equality in Mexico / Genaro Lozano -- Deconstructing the backlash : same-sex marriage litigation and social change in the United States and Canada / Jason Pierceson -- Legal struggles and political resistance : same-sex marriage in Canada and the USA / Nancy Nicol and Miriam Smith -- The distinctive centrality of marriage in the United States / David Rayside -- Conclusion : juristocracy in the Americas? / Jason Pierceson

The historical background for the struggle over same-sex marriage includes marriage in the Western world being a privileged status imbued with a spirit of reverence - being a sacrament in Catholicism and a covenant with God in much of Protestantism. The struggle over same-sex marriage also involves long-standing social forms being challenged by the principles of freedom and equality - a point illustrated in the picture on the cover of Pinello's book showing a same-sex marriage rally demanding free and equal access to marriage.

"The subject of same-sex marriage, including its intersection with the subject of religion, has exploded onto the cultural and political scene in the last 50 years. Before 1970, no state acted to ban same-sex marriage. In fact, it wasn't until 1970 that a same-sex couple applied for (and was denied) a marriage license in the United States. Thus, nearly 200 years after our country was founded, the subject was not even on most people's radars. Now, just about 50 years later, same sex-marriage is legal across America"--

"In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessable to anyone interested in same-sex equality, the Supreme Court or constitutional law generally"--