Editors

Mortimer Sellers, James Maxeiner, Myroslava Antonovych, Nadia de Araújo, Jasna Bakšic-Muftic, David L. Carey Miller, Loussia P. Musse Félix, Emanuel Gross, James E. Hickey, Jr., Jan Klabbers, Cláudia Lima Marques, Aniceto Masferrer, Eric Millard, Gabriël Moens, Raul C. Pangalangan, Ricardo Leite Pinto, Mizanur Rahman, Keita Sato, Poonam Saxena, Gerry Simpson, Eduard Somers, Xinqiang Sun, Tadeusz Tomaszewski, Jaap de Zwaan

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Publication Date

5-6-2015

Abstract

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.

ISBN

9789401797740

DOI

https://doi.org/10.1007/978-94-017-9774-0

First Page

1

Last Page

208

Publisher

Springer, Dordrecht

Series

Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 42

Same-Sex Couples - Comparative Insights on Marriage and Cohabitation

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