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Legal Recognition of Same-Sex Partnerships

A Study of National, European and International Law

Editor(s): Robert Wintemute, Mads Andenas
Media of Legal Recognition of Same-Sex Partnerships
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Published: 23-10-2001
Format: Paperback
Edition: 1st
Extent: 790
ISBN: 9781841131382
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £100.00
 

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About Legal Recognition of Same-Sex Partnerships

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 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, thirteen 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.

Table Of Contents

Introduction
Robert Wintemute, Reader, School of Law, King's College, University of London

1. Same-Sex Relationships: An Australian Perspective on a Global Issue
The Hon. Justice Michael Kirby AC CMG, High Court of Australia

PART I THEORETICAL PERSPECTIVES

Introduction: Theoretical Perspectives
David AJ Richards, Professor, School of Law, New York University

2. Same-Sex Partnerships and Arguments of Justice
Nicholas Bamforth, Fellow, Queen's College, University of Oxford

3. The Limitations of Liberal Neutrality Arguments in Favour of Same-Sex Marriage
Chai R Feldblum, Professor, Georgetown University Law Center

4. Like Counting Stars? Re-Structuring Equality and the Socio-Legal Space of Same-Sex Marriage
Davina Cooper, Professor, School of Law, Keele University

5. Recognition, Rights, Regulation, Normalisation: Rhetorics of Justification in the Same-Sex Marriage Debate
Janet Halley, Professor, Harvard Law School

6. The Ideological Structure of the Same-Sex Marriage Debate (And Some Postmodern Arguments for Same-Sex Marriage)
William N Eskridge, Jr., Professor, Yale Law School

PART II NATIONAL LAW

Section A-United States

7. Legal Recognition of Same-Sex Partners Under US State or Local Law
Arthur S Leonard, Professor, New York Law School

8. Lesbian and Gay Couples Raising Children: The Law in the United States
Nancy D Polikoff, Professor, Washington College of Law, American University

9. The Hawaii Marriage Case Launches the US Freedom-to-Marry Movement for Equality
Evan Wolfson, Freedom to Marry Project, New York (formerly Marriage Project Director, Lambda Legal Defense and Education Fund, New York)

10. The Freedom to Marry for Same-Sex Couples in the United States of America
Mary L Bonauto, Civil Rights Director, Gay and Lesbian Advocates and Defenders, Boston

Section B-Canada

Introduction: Same-Sex Partnerships in Canada
The Hon. Justice Claire L'Heureux-Dubé, Supreme Court of Canada

11. Any Two Persons in Canada's Lotusland, British Columbia
Donald G Casswell, Professor, Faculty of Law, University of Victoria

12. Becoming “Persons” in Canadian Law: Genuine Equality or “Separate But Equal?”
Kathleen A Lahey, Professor, Faculty of Law, Queen's University

Section C-Africa, Australasia and Latin America

13. Politics, Partnership Rights and the Constitution in South Africa . . . (and the Problem of Sexual Identity)
Craig Lind, Lecturer, School of Legal Studies, University of Sussex

14. Let Them Eat Cake, and Ice Cream: Wanting Something “More” from the Relationship Recognition Menu
Jenni Millbank, Senior Lecturer, Faculty of Law, University of Sydney
Wayne Morgan, Senior Lecturer, Faculty of Law, Australian National University

15. The New Zealand Same-Sex Marriage Case: From Aotearoa to the United Nations
Nigel Christie, Ph.D. Candidate, School of Law, University of Waikato

16. Brazil's Proposed “Civil Unions Between Persons of the Same Sex”: Legislative Inaction and Judicial Reactions
Marcelo Dealtry Turra, Adjunct Professor of Law, Universidade Candido Mendes, Rio de Janeiro

Section D-Asia and the Middle East

17. Towards Legal Protection for Same-Sex Partnerships in Japan: From the Perspective of Gay and Lesbian Identity
Akitoshi Yanagihashi, Legal Director, Japan Association for the Lesbian and Gay Movement (OCCUR), Tokyo

18. 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), Assistant Professor, School of Law, City University of Hong Kong

19. Same-Sex Partnerships and Indian Law: Climate for a Change
Poonam Saxena, Associate Professor, Faculty of Law, University of Delhi

20. Challenges to Compulsory Heterosexuality: Recognition and Non-Recognition of Same-Sex Couples in Israeli Law
Aeyal M. Gross, Lecturer, Faculty of Law, Tel-Aviv University

Section E-Europe

21. The Danish Registered Partnership Act, 1989: Has the Act Meant a Change in Attitudes?
Ingrid Lund-Andersen, Associate Professor, Faculty of Law, University of Aarhus

22. “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, Associate Judge of Appeal and Ombudsman against Discrimination because of Sexual Orientation (HomO),Stockholm

23. Small Change: How the Road to Same-Sex Marriage Got Paved in the Netherlands
Kees Waaldijk, Senior Lecturer, Faculty of Law, Universiteit Leiden

24. “Statutory Cohabitation” Under Belgian Law: A Step Towards Same-Sex Marriage?
Olivier De Schutter, Professeur adjoint, Faculté de Droit, Université catholique de Louvain
Anne Weyembergh, Chercheuse, Institut d'Etudes européennes, Université libre de Bruxelles

25. The “Pacte Civil de Solidarité” in France: Midway Between Marriage and Cohabitation
Daniel Borrillo, Maître de conférences en droit privé, Université de Paris X (Nanterre); Centre National de la Recherche Scientifique (laboratoire CERSA, Université de Paris II (Panthéon-Assas))

26. Spain: The Heterosexual State Refuses to Disappear
Nicolás Pérez Cánovas, Professor of Civil Law, Universidad de Granada

27. The Law on Stable Unions of Couples in the Catalonia Autonomous Community of Spain
Francesc Jaurena i Salas, Lawyer, Assistant to a Member of the Catalan Parliament, Barcelona

28. Italy Walking a Tightrope Between Stockholm and the Vatican: Will Legal Recognition of Same-Sex Partnerships Ever Occur?
Gioia Scappucci, Ph.D. Candidate, Faculty of Laws, University College, University of London

29. At the End of the Fairy Tale, Will Heidi Stay Single? Same-Sex Partnerships in Switzerland
François E Baur, Vice-Director, Legal Department, Swiss Federal Office of Culture; President, Pink Cross (Swiss Gay Federation), Bern

30. The First Will Be The Last: Legal Recognition of Same-Sex Partnerships in Austria
Helmut Graupner, Lawyer; Vice-President, Austrian Society for Sex Research; President, Rechtskomitee Lambda, Vienna

31. Nice on Paper: The Aborted Liberalisation of Gay Rights in Hungary
Lilla Farkas, Hungarian Helsinki Committee; Legal Defence Bureau for National and Ethnic Minorities, Budapest

32. The Legal Situation of Same-Sex Partnerships in Germany: An Overview
Roland Schimmel, Lawyer, Schimmel Buhlmann, Frankfurt am Main
Stefanie Heun, Legal Counsel, German Stock Exchange, Frankfurt am Main

33. From Individual Protection to Recognition of Relationships? Same-Sex Couples and the Irish Experience of Sexual Orientation Law Reform
Leo Flynn, Legal Secretary, Court of Justice of the European Communities, Luxembourg (Lecturer, School of Law, King's College, University of London)

34. Same-Sex Partnerships in English Family Law
Rebecca Bailey-Harris, Professor and Dean, Faculty of Law, University of Bristol

PART III EUROPEAN LAW

Section A–European Community Law

35. The Miscegenation Analogy in Europe, or, Lisa Grant meets Adolf Hitler
Andrew Koppelman, Associate Professor of Law and Political Science, Northwestern University

36. Towards the Recognition of Same-Sex Partners in European Union Law: Expectations Based on Trends in National Law
Kees Waaldijk, Senior Lecturer, Faculty of Law, Universiteit Leiden

37. Sexual Orientation Discrimination in Employment: An Evolving Role for the European Union
Mark Bell, Lecturer, Faculty of Law, University of Leicester

38. Free Movement and Same-Sex Relationships: Existing EC Law and Article 13 EC
Elspeth Guild, Professor of European Migration Law, Katholieke Universiteit Nijmegen; Partner, Kingsley Napley, London

Section B–European Convention on Human Rights

39. Sex: Has It Any Place in Modern Marriage?

Stephen Whittle, Reader, School of Law, Manchester Metropolitan University

40. Strasbourg to the Rescue? Same-Sex Partners and Parents Under the European Convention
Robert Wintemute, Reader, School of Law, King's College, University of London

PART IV INTERNATIONAL LAW

41. Will the United Nations Human Rights Committee Require Recognition of Same-Sex Marriages?
Laurence R Helfer, Professor, Loyola Law School, Los Angeles

42. United Nations Human Rights Law and Same-Sex Relationships: Where to from Here?
Kristen L Walker, Senior Lecturer, Faculty of Law, University of Melbourne

Conclusion
Robert Wintemute, Reader, School of Law, King's College, University of London

Reviews

“Das ultimate BuchDie Herausgeber, Robert Wintemute und Mads Andens, haben auf knapp 800 (!) Seiten alles, aber auch wirklich alles Wissenswerte zu diesem Thema zusammengetragen.” –  Kurt Krickler, LAMBDA - Nachrichten

“…debates about the legal status of gay and lesbian relationships. It is difficult to conceive of a more thorough treatment of those debates than that provided in this book.” –  Alan Inglis, Family Law

“It is excellent, fascinating and very long.
I have been very much enlightened by what I have read.
the book's length makes it an invaluable comprehensive reference point. None of the individual chapters is over-long, all are interesting, well-written and clear
The editor and contributors have collected together material that might otherwise be quite difficult to come by.


” –  Elizabeth Cooke, University of Reading, Child and Family Law Quarterly

“…extremely timely. It also provides an outstandingly thorough examination of the issues that inform the debate. This book is an invaluable study of the issues that arise in a debate that is currently assuming increasing importance and currency. Any reader who wishes to be informed about these questions will find no better guide.” –  Alan Inglis, International Family Law

“It is difficult to do justice to this book in a brief review, so rich is the book in information and learning, so sweeping is its scope. This book is surely one of the must-reads for anyone involved in gay and lesbian studies or with international family law. This review only begins to describe the richness of the book. Wintemute and Andenas have provided us with a work on a grand scale. Might we hope for an update of this invaluable work in a few years?” –  Bruce MacDougall, University of British Columbia, Adelaide Law Review

“The veritable necessity for a book of this ilk is unquestionably long overdue. By providing a theoretical basis of same-sex partnership regulation, followed by in-depth national, European and international legal surveys, this book is an essential tool to all those involved in research related not only to the position of homosexuals within society, but also those involved in family law in a broader sense. In summary, the book's greatest strength lies in its ability to bring together the legal climate of some twenty-three jurisdictions, along with the activity at both the European and international level as well as providing a theoretical basis to the discussion, and in that it is an excellent book. Its objectives are clear and it achieves them in a convincing, yet stimulating manner.” –  Ian Sumner, Cambridge Law Journal

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