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Books > Law > English law > Private, property, family > Gender law
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Same-Sex Relationships, Law and Social Change (Hardcover)
Loot Price: R4,154
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Same-Sex Relationships, Law and Social Change (Hardcover)
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This edited collection provides a forum for rigorous analysis of
the necessity for both legal and social change with regard to
regulation of same-sex relationships and rainbow families, the
status of civil partnership as a concept and the lived reality of
equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide
have now legalised same-sex marriage and many others some level of
civil partnership. In contrast other jurisdictions refuse to
recognise or even criminalise same-sex relationships. At a Council
of Europe level, there is no requirement for contracting states to
legalise same-sex marriage. Whilst the Court of Justice of the
European Union now requires contracting states to recognise
same-sex marriages for the purpose of free movement and residency
rights, unlike the US Supreme Court, it does not require EU Member
States to legalise same-sex marriage. Law and Sociology scholars
from five key jurisdictions (England and Wales, Italy, Australia,
Canada, and the Republic of Ireland) examine the role of the
Council of Europe, European Union and further international
regimes. A balanced approach between the competing views of
critically analytical rights based theorists and queer and feminist
theorists interrogates the current international consensus in this
fast moving area. The incrementalist theory whilst offering a
methodology for future advances continues to be critiqued. All
contributions from differing perspectives expose that even for
those jurisdictions who have legalised same-sex marriage, still
further and continuous work needs to be done. The book will be of
interest to students and scholars in the field of human rights,
family and marriage law and gender studies.
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