scholarly journals The European Court of Human Rights and Same-Sex Marriage. The Consensus Approach

2016 ◽  
Author(s):  
Claire Poppelwell-Scevak
Keyword(s):  
Human Rights ◽  
Same Sex ◽  
Consensus Approach ◽  
Same Sex Marriage ◽  
European Court

‘Marry in Haste …’: The (Partial) Abolition of Same-sex Marriage in Bermuda

2020 ◽  
Vol 20 (1) ◽  
pp. 153-188
Author(s):  
Nicola Barker
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
European Convention ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
European Court ◽  
Legal Context ◽  
The Right ◽  
Court Of Appeal

Abstract In 2018, the British Overseas Territory of Bermuda revoked the right to marry for same-sex couples. In a judgment that reconceives the relationship between sexual orientation and religious freedoms, the Bermuda Supreme Court and Court of Appeal found this revocation to be unconstitutional. I explore the political and legal context in which same-sex marriage was granted and then revoked in Bermuda. I also consider the Bermuda Courts’ judgments in light of the subsequent judgment of the United Kingdom’s Supreme Court in Steinfeld, among others. While there was an assumption from both the Bermuda and United Kingdom Governments that the revocation provision was compatible with the European Convention on Human Rights, I argue that this underestimates the significance of the distinction between declining to recognise a right to same-sex marriage and revoking a right that has already been exercised. While the European Court of Human Rights has not yet found the absence of same-sex marriage to be a violation of Article 12 of the Convention, I argue that the revocation of a right to marry between same-sex couples that had been recognised in accordance with national law changes the terrain on which the Convention arguments would be made.

Un caso di disgregazione creativa. La corte di cassazione sul matrimonio omosessuale

2012 ◽  
pp. 151-158
Author(s):  
Xenia Chiaramonte
Keyword(s):  
Human Rights ◽  
Gay Rights ◽  
Constitutional Court ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
European Court

La Corte di Cassazione stabilisce che il matrimonio fra gay contratto all'estero non č trascrivibile in Italia per inidoneitŕ a produrre effetti, non piů per inesistenza. La CEDU ha radicalmente superato la concezione secondo cui la diversitŕ di sesso dei nubendi č presupposto indispensabile per il matrimonio. La decisione č in linea di continuitŕ con le precedenti pronunce della Corte Costituzionale e puň essere vista come un esempio di ciň che Lawrence Friedman ha definito "disgregazione realizzata attraverso i tribunali". Xenia Chiaramonte, A case of creative disruption: the Italian Court of Cassation rules on same-sex marriage [Gay rights - Same-sex couples - Same-sex marriage - Registration] The Italian Court of Cassation has decided that same-sex marriages entered into abroad cannot be registered in Italy because of their unfitness to produce effects - no longer because of their purported "non-existence". The European Court of Human Rights has radically overcome the approach that a difference of gender between the parties to the marriage is a prerequisite. The decision of the Court of Cassation maintains continuity with the previous decisions of the Italian Constitutional Court and may be seen as an example of what Lawrence Friedman defined as "disruption through court".

scholarly journals Democratic Values, Religiosity, and Support for Same-Sex Marriage in Latin America

2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Capital City ◽  
Religious Values ◽  
Democratic Values ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Latin American Countries

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.

scholarly journals 權利與善——論同性婚姻

2018 ◽  
Vol 16 (2) ◽  
pp. 99-114
Author(s):  
Xudong FANG
Keyword(s):  
Human Rights ◽  
Equal Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Digital Commons ◽  
Reductio Ad Absurdum ◽  
Traditional Marriage ◽  
Heterosexual Marriage ◽  
The Ideal

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文由兩個部分構成，第一部分闡述了不反對同性婚姻合法化的理由，逐一討論了對同性婚姻合法化的五種反對意見，認為它們都不成立。第二部分論述了儒家推崇異性婚姻的原因，其主要考慮是同性婚姻不能像異性婚姻那樣可以提供倫理的完整性。作者強調，作為公民權利，同性婚姻可以被自由追求，但作為儒家則以異性婚姻為婚姻的理想模式。前者事關權利，後者事關“善”，有各自的界限，不得逾越。This paper consists of two parts. In the first part, the author refutes, one by one, five objections to the legalization of same-sex marriage, including arguments grounded in naturalness, origin, reductio ad absurdum, compromising traditional marriage, and Jiang Qing’s doctrine of particular human rights. The strongest reason for advocating the legalization of same-sex marriage is the doctrine of equal rights. As contemporary people, we have no reason to deny that all individuals have equal rights. The second part discusses why Confucianism prefers heterosexual marriage. The main consideration is that same-sex marriages cannot provide ethical integrity, as heterosexual marriages do. The author emphasizes that, as a civil right, same-sex marriage can be pursued freely, but for a Confucian, heterosexual marriage is the ideal mode of marriage. The former concerns what is “right,” whereas the latter relates to what is “good.” There is an insurmountable boundary between right and good.DOWNLOAD HISTORY | This article has been downloaded 423 times in Digital Commons before migrating into this platform.

2. The Formation and Recognition of Adult Relationships:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Same Sex ◽  
Forced Marriage ◽  
Same Sex Marriage ◽  
Adult Relationships ◽  
Questions And Answers ◽  
Opposite Sex ◽  
The Difference ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships i.e. marriage, same-sex marriage, civil partnerships and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage and civil partnerships and the difference between marriage and cohabitation.

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