Constitutional Courts, Gay Rights and Sexual Orientation Equality
Title | Constitutional Courts, Gay Rights and Sexual Orientation Equality PDF eBook |
Author | Angioletta Sperti |
Publisher | Bloomsbury Publishing |
Pages | 249 |
Release | 2017-05-04 |
Genre | Law |
ISBN | 178225644X |
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.
Gay Rights and American Law
Title | Gay Rights and American Law PDF eBook |
Author | Daniel R. Pinello |
Publisher | Cambridge University Press |
Pages | 372 |
Release | 2003-06-09 |
Genre | Law |
ISBN | 9780521012140 |
Table of contents
Religious Freedom and Gay Rights
Title | Religious Freedom and Gay Rights PDF eBook |
Author | Jack Friedman |
Publisher | Oxford University Press |
Pages | 361 |
Release | 2016-05-31 |
Genre | Political Science |
ISBN | 0190600624 |
In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.
Homosexuality in the Jurisprudence of the Supreme Court of India
Title | Homosexuality in the Jurisprudence of the Supreme Court of India PDF eBook |
Author | Yeshwant Naik |
Publisher | Springer |
Pages | 234 |
Release | 2017-04-07 |
Genre | Law |
ISBN | 3319554352 |
The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.
The Long Arc of Justice
Title | The Long Arc of Justice PDF eBook |
Author | Richard Mohr |
Publisher | Columbia University Press |
Pages | 157 |
Release | 2007-05 |
Genre | Law |
ISBN | 0231135211 |
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.
Marriage Rights and Gay Rights
Title | Marriage Rights and Gay Rights PDF eBook |
Author | Barbara Gottfried Hollander |
Publisher | The Rosen Publishing Group, Inc |
Pages | 114 |
Release | 2014-07-15 |
Genre | Juvenile Nonfiction |
ISBN | 1477775145 |
One would think that by now the issue of marriage and the simple right for two people who love one another to be together would be settled. Even in the 21st century, people ask, "What is marriage?" Although the word "marriage" isn't even mentioned in the Constitution, readers will learn why this issue has been a subject of debate for years, whether for interracial or same-sex couples. Primary source documents, quotes, and explanations of Supreme Court rulings help set the scene and tell the evolving tale of equality for marriage rights in the United States.
Queers in Court
Title | Queers in Court PDF eBook |
Author | Susan Gluck Mezey |
Publisher | Rowman & Littlefield |
Pages | 290 |
Release | 2007 |
Genre | Gay people |
ISBN | 0742549321 |
This book examines the gay community's efforts to achieve social and legal reform in the United States from the 50s to the 2000s within the "rights-based" discourse characteristic of earlier civil rights struggles.