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  • © 2015

Same Sex Couples - Comparative Insights on Marriage and Cohabitation

Editors:

  • Provides readers with only overview of its type on regulation of same sex couples around the world

  • Provides a comprehensive comparative view of a highly contested debate

  • Focuses on the ideologies behind changes on the regulation preventing this book from becoming outdated

  • Includes supplementary material: sn.pub/extras

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 42)

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  • ISBN: 978-94-017-9774-0
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Softcover Book USD 129.00
Price excludes VAT (USA)
Hardcover Book USD 139.99
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Table of contents (8 chapters)

About this book

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.

Keywords

  • Asian Legal Systems
  • Changing and unchanging concepts of family
  • Constitutionality of Same-Sex Marriages
  • Family law in the domestic legal system
  • Latin America
  • Legal status of same-sex couples
  • Mandatory Commitment
  • Marriage and Dignity
  • Marriage and Tradition
  • Marriage as a Constitutional Value
  • Registered Partnership
  • Sacred Institution
  • Same-sex Couples
  • Same-sex unions
  • United States
  • Unmarried Couples
  • Unmarried Heterosexual Couples
  • litigation and political reforms
  • rights litigation on family issues
  • same-sex marriage

Editors and Affiliations

  • Washington College of Law, American University, Washington, USA

    Macarena Sáez

Bibliographic Information

Buying options

eBook USD 99.00
Price excludes VAT (USA)
  • ISBN: 978-94-017-9774-0
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Softcover Book USD 129.00
Price excludes VAT (USA)
Hardcover Book USD 139.99
Price excludes VAT (USA)