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- Focuses on the ideologies behind changes on the regulation preventing this book from becoming outdated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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Table of contents (8 chapters)
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Front Matter
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
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Washington College of Law, American University, Washington, USA
Macarena Sáez
Bibliographic Information
Book Title: Same Sex Couples - Comparative Insights on Marriage and Cohabitation
Editors: Macarena Sáez
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-94-017-9774-0
Publisher: Springer Dordrecht
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer Science+Business Media Dordrecht 2015
Hardcover ISBN: 978-94-017-9773-3Published: 20 May 2015
Softcover ISBN: 978-94-024-0544-6Published: 23 October 2016
eBook ISBN: 978-94-017-9774-0Published: 06 May 2015
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: VIII, 208
Topics: Private International Law, International & Foreign Law, Comparative Law, Family, Regional and Cultural Studies, Ethics, Civil Law