Ye Shall Know Them by Their Fruitss Same-Sex Marriage and the Role of Transnational Law: Changes in the European Landscape

2015 ◽  
Author(s):  
Massimo Fichera
Keyword(s):  
Same Sex ◽  
Same Sex Marriage ◽  
Transnational Law

scholarly journals Sexual rights, Religion and Post-Neoliberalism in Argentina (2003–2015)

2018 ◽  
Vol 8 (1) ◽  
pp. 84-101
Author(s):  
Daniel Jones ◽  
Lucía Ariza ◽  
Mario Pecheny
Keyword(s):  
Sexual Politics ◽  
Gender And Sexuality ◽  
Sexual Rights ◽  
Religious Leaders ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Pope Francis ◽  
Religious Actors

This paper examines the relation between sexual politics and post-neoliberalism/populism in Kirchners’ Argentina between 2003 and 2015, focusing on the role of religious actors. Despite the opposition of religious leaders, including that of Archbishop Jorge Bergoglio (now Pope Francis), Argentina advanced in the recognition of gender and sexual rights during the Kirchners’ administrations. Conflicts around gender and sexuality, particularly around same-sex marriage, explain some of the tensions between political and religious actors in the period. The focus of this paper on sexual politics shows that the Kirchners’ administrations, unlike other traditional populist or post-neoliberal administrations, had a strong liberal component, which explains the tensions between that populist government and conservative religious actors.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

Same-Sex Marriage and the Role of Transnational Law: Changes in the European Landscape

2016 ◽  
Vol 17 (3) ◽  
pp. 383-420 ◽  
Author(s):  
Massimo Fichera
Keyword(s):  
Cultural Landscape ◽  
Negative Influence ◽  
Ripple Effect ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Social Facts ◽  
Transnational Law ◽  
Structure And Agency ◽  
Social Fact ◽  
Constructivist Approaches

This Article has a twofold aim. First, it focuses on a particular case study, which has attracted the interest of several scholars from an interdisciplinary perspective: the legalization of same-sex marriage. The Article aims to show how changes in one specific socio-cultural landscape may spill into other contexts as a result of a ripple effect. The idea is to demonstrate how the emergence of a social fact—the increasing demands made by homosexual couples for their union to be recognized in one way or another—may make the process of institutionalization natural. A legal system may sometimes be bound to recognize social facts, and transnational law may enhance this phenomenon. The second aim of the Article is to claim is that, when analyzing change, legal deterministic theories should be dismissed, as they are based upon easy assumptions that do not correspond to empirical observations. Instead, as shown by constructivist approaches, the combined effect of structure and agency in some specific circumstances contributes to social and legal change. However, constructivists perhaps underestimate the relevance of unpredictable events and the (positive or negative) influence that transnational frameworks may have in forming discourses of power. In particular, the EU and the ECtHR systems may facilitate the diffusion of ideas and norms deriving directly from the liberal paradigm that inspire them. However, the liberal paradigm is contradictory, as it does not necessarily provide an incentive for change.

A Player, Not a Mirror; A Catalyst, Not a Brick Wall

2020 ◽  
pp. 62-70
Keyword(s):  
Social Movements ◽  
Public Support ◽  
Democratic Society ◽  
Brick Wall ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Federal Judiciary ◽  
Proper Role ◽  
Two Sides

This chapter discusses the two central theoretical questions that run throughout the story of Obergefell v. Hodges. It analyzes the proper role of the federal judiciary in a democracy and the role of politics and courts in creating and shaping constitutional meanings. It also explains how the work of social movements outside the courts and the work of litigators before the courts helped shape the constitutional understandings of the future. The chapter recounts public support for same-sex marriage that steadily increased as the opposition steadily declined until the two sides were roughly in equipoise around 2011. It talks about two contradictory stories about the role of courts in a democratic society, which are labelled as the Court as Mirror and the Court as Brick Wall.

Elections and the Role of LGBT Issues in the United States and Abroad

2020 ◽  
Author(s):  
Gabriele Magni
Keyword(s):  
United States ◽  
Direct Democracy ◽  
The United States ◽  
Early Years ◽  
Same Sex ◽  
Lgbt Rights ◽  
Same Sex Marriage ◽  
Lgbt Issues ◽  
Over Time

LGBT issues have played an important role in elections. They have been the focus of direct democracy, that is referenda and ballot initiatives in which citizens voted on LGBT rights. The issues considered evolved over time from nondiscrimination ordinances in the 1970s to same-sex marriage bans in the 2000s and transgender rights in the 2010s. Religiosity, partisanship, and ideology generally predicted electoral outcomes. While supporters of LGBT rights have often been defeated at the ballot box, the tide started to change in the 2010s. Beyond direct democracy, LGBT issues have played a role in general elections. The religious right exploited them to mobilize the conservative electorate or to persuade voters to reconsider their party loyalties. The 2004 US presidential election, when same-sex marriage bans were on the ballot in several states, offers an important case study. LGBT actors are also important in elections. LGB voters have generally been more progressive and more supportive of the Democratic Party than the general population. Additionally, the number of openly LGBT candidates has significantly grown over time. In the early years, gays and lesbians running for office faced an electoral penalty but made up for their disadvantage by strategically competing in more favorable districts. By the late 2010s, however, large subsets of the electorate, including Democrats, progressives, nonreligious voters, and people with LGBT friends no longer penalized gay and lesbian candidates. The penalty remained stronger for transgender candidates. LGBT issues have also been important outside the United States, as shown by same-sex marriage referenda in Europe and beyond and by the increasing success of lesbian and gay candidates in the United Kingdom and New Zealand. Future research should explore issues concerning minorities in the LGBT community, the shifting position of right-wing parties on LGBT rights, and the role of LGBT issues and candidates in elections outside the Western world.

Same-Sex Marriage and Italian Exceptionalism

ICL Journal ◽  
2019 ◽  
Vol 12 (4) ◽  
pp. 431-456
Author(s):  
Matteo M Winkler
Keyword(s):  
Constitutional Court ◽  
Three Dimension ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Dimension Analysis ◽  
The Status ◽  
Heated Debate ◽  
Male To Female

Abstract This article unveils Italy’s exceptionalism in recognising and protecting same-sex couples by adopting a three-dimension analysis: constitutional, comparative and supranational. It maintains that, compared to other countries whose courts were sympathetic with the legal claims raised by lesbian and gay people, Italy’s Constitutional Court adopted a totally different approach, reinforcing the heteronormativity of marriage in a way that delayed all efforts to pass a law on same-sex registered partnerships. The Constitutional Court, in particular, interpreted the Constitution, the experience of other nations and supranational law according to heteronormativity, an example that is unique in the comparative context. As an illustration, this article addresses the case Bernaroli vs Ministry of the Interior. In Bernaroli, a male-to-female transgender person wanted to remain married to her wife notwithstanding the transition. The case ignited a heated debate among scholars and questioned the courts’ opinions as to the human rights dynamics surrounding same-sex marriage and, more importantly, about the current role of heteronormativity in marriage law. This article concludes that the legal existence of Bernaroli’s marriage represents a constant challenge to the status quo and highlights the permanent crisis of heteronormativity. After the Austrian Constitutional Court’s recent ruling that declared the law on same-sex domestic partnership to be discriminatory, heteronormativity’s defence became even more untenable, making Italy’s a true exception in the continent’s legal landscape.

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