Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Portada
University of Chicago Press, 2010 M02 15 - 397 páginas
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe.

Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.

Dentro del libro

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Contenido

1 Introduction
1
2 The Changing Institution of Marriage and the Exclusion of SameSex Couples
6
3 Registered Partnerships in the Nordic Countries
61
4 SameSex Partnerships in the Netherlands
111
5 Recognition of SameSex Partnerships in Other European Countries
130
6 The Cohabitation Model
160
7 SameSex Partnerships in the United States
177
8 Contrasts between the Models of Recognition and the Status of SameSex Partnerships in the United States and Northern Europe
237
10 Alternatives to Marriage and the Doctrine of Separate but Equal
278
11 The Feasibility of Opening Up Marriage to SameSex Couples
308
12 Conclusion
338
European SameSex Legislation in Translation
343
Developments in the United Kingdom Israel South Africa and Brazil
355
Bibliography
359
Index
385
Derechos de autor

9 Domestic Partnership Registered Partnership and Marriage
263

Otras ediciones - Ver todas

Términos y frases comunes

Pasajes populares

Página 24 - By marriage the husband and wife are one person in law ; that is the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything...
Página 228 - No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
Página 19 - Though higher of the genial bed by far, And with mysterious reverence I deem, So much delights me, as those graceful acts, Those thousand decencies that daily flow From all her words and actions...
Página 13 - Love that dare not speak its name," and on account of it I am placed where I am now. It is beautiful, it is fine, it is the noblest form of affection. There is nothing unnatural about it. It is intellectual, and it repeatedly exists between an elder and a younger man, when the elder man has intellect, and the younger man has all the joy, hope and glamour of life before him.
Página 162 - may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others.
Página 321 - a person commits the offense of sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.
Página vii - There is always need of persons not only to discover new truths, and point out when what were once truths are true no longer, but also to commence new practices, and set the example of more enlightened conduct, and better taste and sense in human life.
Página 228 - marriage' means only a legal union between one man and one woman as husband and wife...

Acerca del autor (2010)

Yuval Merin is law lecturer at the College of Management School of Law in Tel Aviv, Israel.

Información bibliográfica