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Same Sex Couples - Comparative Insights on Marriage and Cohabitation (Hardcover, 2015 ed.)
Loot Price: R3,517
Discovery Miles 35 170
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Same Sex Couples - Comparative Insights on Marriage and Cohabitation (Hardcover, 2015 ed.)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 42
Expected to ship within 12 - 19 working days
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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.
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