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The Legal Recognition of Same-sex Partnership: A Study of National, European and International Law

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Edited by: Robert Wintemute, Mads Andenas

ISBN13: 9781841131382
ISBN: 1841131385
Published: October 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £78.00



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Should same-sex couples be permitted to marry? Or should an alternative institution of ""registered partnership"" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other's children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In ""Legal Recognition of Same-Sex Partnerships"", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, a dozen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.

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Subjects:
Family Law
Contents:
Same sex relationships - an Australian perspective on a global issue, The Hon. Justice Michael Kirby AC CMG, High Court of Australia.
Part 1 Theoretical perspectives: introduction - theoretical perspectives, David A.J. Richards; same-sex partnerships and arguments of justice, Nicholas Bamforth; the limitations of liberal neutrality arguments in favour of same-sex marriage, Chai R. Feldblum; like counting stars? re-structuring equality and the socio-legal space of same-sex marriage, Davina Cooper; recognition, rights, regulation, normalisation - rhetorics of justification in the same-sex marriage debate, Janet Halley; the ideological structure of the same-sex marriage debate (and some postmodern arguments for same-sex marriage), William N. Eskridge.
Part 2 National law - United States: legal recognition of same-sex partners under US state or local law, Arthur S. Leonard; lesbian and gay couples raising children - the law in the United States, Nancy D. Polikoff; the Hawaii marriage case launches the US freedom-to-marry movement for equality, Evan Wolfson; the freedom to marry for same-sex couples in the United States of America, Mary L. Bonauto).
Part 2 National law - Canada: introduction - same-sex partnerships in Canada, The Hon. Justice Claire L'Heureux-Dube, Supreme Court of Canada; any two persons in Canada's lotusland, British Colombia, Donald G. Casswell; becoming ""persons"" in Canadian law - genuine equality or ""separate but equal?"", Kathleen A. Lahey.
Part 2 National law - Africa, Australasia and Latin America: politics, partnership rights and the constitution in South Africa (and the problem of sexual identity), Craig Lind; let them eat cake and ice cream - wanting something ""more"" from the relationship recognition menu, Jenni Millbank and Wayne Morgan; the New Zealand same-sex marriage case - from Aotearoa to the United Nations, Nigel Christie; Brazil's proposed ""civil unions between persons of the same sex"" - legislative inaction and judicial reactions, Marcelo Dealtry Turra.
Part 2 National law - Asia and the Middle East: towards legal protection for same-sex partnerships in Japan - from the perspective of gay and lesbian identity, Akitoshi Yanagihashi; contextualising the same-sex erotic relationship - post-colonial Tongzhi and political discourse on marriage law in Hong Kong and mainland China, Chiu Man-Chung (Andy Chiu); same-sex partnerships and Indian law - climate for a change, Poonam Saxena; challenges to compulsory heterosexuality - recognition and non-recognition of same-sex couples in Israeli law, Aeyal M. Gross.
Part 2 National law - Europe: the Danish Registered Partnership Act 1989 - has the act meant a change in attitudes?, Ingrid Lund-Andersen; ""from society's point of view, cohabitation between two persons of the same sex is a perfectly acceptable form of family life"" - a Swedish story of love and legislation, Hans Ytterberg; (Part Contents).