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Sexuality and Law: Volume I Family and Youth

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Edited by: Ruthann Robson

ISBN13: 9780754628699
Published: May 2011
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £195.00



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The legal regulation of family forms is a global phenomenon and changes in the 'traditional' family have provoked a variety of legal responses. Same-sex marriage, civil partnerships and other legal avenues to recognize intimate relationships between adults have become a feature of many jurisdictions and a subject for debate in most. Parenting has also become contentious, whether the issue is custody, adoption, or legal recognition of parental status of a non-biological parent. How the law should regulate or protect the sexuality and gender identity of youth is a matter of great concern throughout many countries. The sexuality of the elderly members of societies is beginning to be considered. The papers reprinted in this volume contain discussions, analysis and theoretical challenges to legal regulations and definitions of family, to the primacy of marriage as a legal relationship, to the determination of 'sex' in opposite-sex requirements for marriage and to the treatment of sexual minority elders. The volume also covers specific topics regarding children, including doctrinal and theoretical frameworks relating to the adoption of children, the primacy of genetic ties in parenting, the legal and medical status of intersex children and issues of 'queer youth' in society and in court.

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Subjects:
Family Law
Contents:
Part I Relationships Adult
Chatting with the lady in the grocery store about Hernandez v Robles, the New York same-sex marriage case, John B. Mitchell
Marriage or liberation? Reflections on two strategies in the struggle for lesbian and gay rights and relationship recognition, Edward Stein
From functional family to spinster sisters: Australia's distinctive path to relationship recognition, Reg Graycar
Law that values all families: beyond (straight and gay) marriage, Nancy D. Polikoff
The legal recognition of same-sex relationships within the European Union, Katharine Boele-Woelki
The 'inevitability' of same-sex marriage in South Africa's post-apartheid state, Pierre de Vos
Is Barbados ready for same-sex marriage? Analysis of legal and social constructs, Celine Abramschmitt
A mere switch or a fundamental change? Theorizing transgender marriage, Ruthann Robson.
Part II Parenting: (When) are rights wrong?
Rights discourses and indeterminacy in gay and lesbian parents' custody cases, Kimberley Richman
From Frette to EB: the European Court of Human Rights on gay and lesbian adoption, Kathleen Doty
One, two, or three parents? Lesbian co-mothers and a known donor with 'family life' under Dutch law, Machteld Vonk
Gendering legal parenthood: bio-genetic ties, intentionality, and responsibility, Susan Boyd.
Part III Youth and the Elderly
The legally queer child, Bruce MacDougall
Who will make room for the intersexed?, Kate Haas
When your attorney is your enemy, Sarah Valentine
From jailbird to jailbait: age of consent laws and the construction of teenage sexualities, Kate Sutherland
Nursing wounds: why LGTB elders need protection from discrimination and abuse based on sexual orientation and gender identity, Jaime Hovey
Name index.