Equality, Human Dignity, and the Grounds for the Legalization of Same-Sex Marriage

Equality, Human Dignity, and the Grounds for the Legalization of Same-Sex Marriage

Author: Man Yee Karen Lee

Publisher:

Published: 2017-01-27

Total Pages:

ISBN-13: 9781374678019

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This dissertation, "Equality, Human Dignity, and the Grounds for the Legalization of Same-sex Marriage" by Man-yee, Karen, Lee, 李敏儀, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4150889 Subjects: Same-sex marriage - Law and legislation Dignity Human rights Equality


Equality, Dignity, and Same-Sex Marriage

Equality, Dignity, and Same-Sex Marriage

Author: Man Yee Karen Lee

Publisher: BRILL

Published: 2010-04-06

Total Pages: 282

ISBN-13: 9047441613

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This book studies the concepts of equality and dignity, and reveals their inadequacies as grounds for same-sex marriage. It argues that the moral disagreement involved entails finding common ground for deliberation between parties who share fundamental values as fellow rights-holders.


Marriage Equality

Marriage Equality

Author: William N. Eskridge, Jr.

Publisher: Yale University Press

Published: 2020-08-18

Total Pages: 1041

ISBN-13: 0300221819

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The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.


Marriage Equality

Marriage Equality

Author: Jason Porterfield

Publisher: Enslow Publishing, LLC

Published: 2016-12-15

Total Pages: 130

ISBN-13: 076608437X

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This groundbreaking case, with much pressure from suing parties across the country and a great amount of controversy, granted the “dignity of marriage” to same-sex couples. Readers will find out all about the background of the case, how it made it to the Supreme Court, and why the court decided for same-sex marriage. Also included are questions to consider, primary source documents, and a chronology of the case.


Constitutional Dialogue

Constitutional Dialogue

Author: Geoffrey Sigalet

Publisher: Cambridge University Press

Published: 2019-05-02

Total Pages: 487

ISBN-13: 1108417582

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Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.


Same Sex Couples - Comparative Insights on Marriage and Cohabitation

Same Sex Couples - Comparative Insights on Marriage and Cohabitation

Author: Macarena Sáez

Publisher: Springer

Published: 2015-05-06

Total Pages: 215

ISBN-13: 9401797749

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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.


Same-sex Marriage Debate

Same-sex Marriage Debate

Author: Justin Healey

Publisher:

Published: 2013

Total Pages: 60

ISBN-13: 9781922084019

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Same-sex marriages are currently not permitted under Australian federal law. Although same-sex couples in a de facto relationship have had most of the legal rights of married couples since July 2009, there is however no national registered partnership or civil union scheme.


Constitutional Courts, Gay Rights and Sexual Orientation Equality

Constitutional Courts, Gay Rights and Sexual Orientation Equality

Author: Angioletta Sperti

Publisher: Bloomsbury Publishing

Published: 2017-05-04

Total Pages: 313

ISBN-13: 1782256431

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In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.


The Long Arc of Justice

The Long Arc of Justice

Author: Richard D. Mohr

Publisher: Columbia University Press

Published: 2005

Total Pages: 172

ISBN-13: 9780231135207

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Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.