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Record Nr. |
UNINA9910483963303321 |
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Titolo |
Same Sex Couples - Comparative Insights on Marriage and Cohabitation / / edited by Macarena Sáez |
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Pubbl/distr/stampa |
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Dordrecht : , : Springer Netherlands : , : Imprint : Springer, , 2015 |
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ISBN |
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Edizione |
[1st ed. 2015.] |
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Descrizione fisica |
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1 online resource (215 p.) |
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Collana |
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Ius Gentium: Comparative Perspectives on Law and Justice, , 1534-6781 ; ; 42 |
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Disciplina |
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170 |
306.85 |
340 |
340.2 |
340.56 |
340.9 |
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Soggetti |
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Conflict of laws |
Families |
Families—Social aspects |
Culture—Study and teaching |
Ethics |
Civil law |
Private International Law, International & Foreign Law, Comparative Law |
Family |
Regional and Cultural Studies |
Civil Law |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di contenuto |
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1. Introduction; Macarena Sáez -- 2. And the story comes to an end: The Constitutionality of Same-Sex Marriages in Spain; José María Lorenzo Villaverde -- 3. Same-sex unions in Mexico: between text and doctrine; Estefania Vela Barba -- 4. Same-sex Marriage in the United States: The New Protection to Marriage; Macarena Sáez -- 5. Marriage between two. Changing and unchanging concepts of family: The case of LGBTI rights litigation on family issues in Colombia; Natalia Ramírez- |
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Bustamante -- 6. Same-Sex Relationships and Israeli Law; Ayelet Blecher-Prigat -- 7. Same-sex marriage in the Commonwealth Caribbean: Is it Possible?; Toni Holness -- 8. Legal status of same-sex couples within the framework of Turkish civil law; Başak Başoğlu. |
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Sommario/riassunto |
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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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