Legal Recognition of Same-Sex Partnerships: A Study of National, European and International Law
Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" 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...
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ForewordIntroduction11Same-Sex Relationships: An Australian Perspective on a Global Issue7Pt. ITheoretical PerspectivesIntroduction: Theoretical Perspectives252Same-Sex Partnerships and Arguments of Justice313The Limitations of Liberal Neutrality Arguments in Favour of Same-Sex Marriage554Like Counting Stars? Re-Structuring Equality and the Socio-Legal Space of Same-Sex Marriage755Recognition, Rights, Regulation, Normalisation: Rhetorics of Justification in the Same-Sex Marriage Debate976The Ideological Structure of the Same-Sex Marriage Debate (And Some Postmodern Arguments for Same-Sex Marriage)113Pt. IINational LawSect. AUnited States7Legal Recognition of Same-Sex Partners Under U.S. State or Local Law1338Lesbian and Gay Couples Raising Children: The Law in the United States1539The Hawaii Marriage Case Launches the U.S. Freedom-to-Marry Movement for Equality16910The Freedom to Marry for Same-Sex Couples in the United States of America177Sect. BCanadaIntroduction: Same-Sex Partnerships in Canada21111Any Two Persons in Canada's Lotusland, British Columbia21512Becoming "Persons" in Canadian Law: Genuine Equality or "Separate But Equal?"237Sect. CAfrica, Australasia and Latin America13Politics, Partnership Rights and the Constitution in South Africa ... (and the Problem of Sexual Identity)27914Let Them Eat Cake, and Ice Cream: Wanting Something "More" from the Relationship Recognition Menu29515The New Zealand Same-Sex Marriage Case: From Aotearoa to the United Nations31716Brazil's Proposed "Civil Unions Between Persons of the Same Sex": Legislative Inaction and Judicial Reactions337Sect. DAsia and the Middle East17Towards Legal Protection for Same-Sex Partnerships in Japan: From the Perspective of Gay and Lesbian Identity34918Contextualising the Same-Sex Erotic Relationship: Post-Colonial Tongzhi and Political Discourse on Marriage Law in Hong Kong and Mainland China35719Same-Sex Partnerships and Indian Law: Climate for a Change37520Challenges to Compulsory Heterosexuality: Recognition and Non-Recognition of Same-Sex Couples in Israeli Law391Sect. EEurope21The Danish Registered Partnership Act, 1989: Has the Act Meant a Change in Attitudes?41722"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 Legislation42723Small Change: How the Road to Same-Sex Marriage Got Paved in the Netherlands43724"Statutory Cohabitation" Under Belgian Law: A Step Towards Same-Sex Marriage?46525The "Pacte Civil de Solidarite" in France: Midway Between Marriage and Cohabitation47526Spain: The Heterosexual State Refuses to Disappear49327The Law on Stable Unions of Couples in the Catalonia Autonomous Community of Spain50528Italy Walking a Tightrope Between Stockholm and the Vatican: Will Legal Recognition of Same-Sex Partnerships Ever Occur?51929At the End of the Fairy Tale, Will Heidi Stay Single? Same-Sex Partnerships in Switzerland53130The First Will Be The Last: Legal Recognition of Same-Sex Partnerships in Austria54931Nice on Paper: The Aborted Liberalisation of Gay Rights in Hungary56332The Legal Situation of Same-Sex Partnerships in Germany: An Overview57533From Individual Protection to Recognition of Relationships? Same-Sex Couples and the Irish Experience of Sexual Orientation Law Reform59134Same-Sex Partnerships in English Family Law605Pt. IIIEuropean LawSect. AEuropean Community Law35The Miscegenation Analogy in Europe, or, Lisa Grant meets Adolf Hitler62336Towards the Recognition of Same-Sex Partners in European Union Law: Expectations Based on Trends in National Law63537Sexual Orientation Discrimination in Employment: An Evolving Role for the European Union65338Free Movement and Same-Sex Relationships: Existing EC Law and Article 13 EC677Sect. BEuropean Convention on Human Rights39Sex: Has It Any Place in Modern Marriage?69340Strasbourg to the Rescue? Same-Sex Partners and Parents Under the European Convention713Pt. IVInternational Law41Will the United Nations Human Rights Committee Require Recognition of Same-Sex Marriages?73342United Nations Human Rights Law and Same-Sex Relationships: Where to from Here?743Conclusion759App. ISame-Sex Partnerships: National (federal, state, provincial, regional, local) legislation recognising same-sex partnerships775App. IISexual Orientation: European treaties and legislation and national constitutions and legislation expressly prohibiting discrimination based on sexual orientation781App. IIIGender Identity: European treaties and legislation and selected national legislation expressly or implicitly prohibiting discrimination based on gender identity789
