The Legality of Homosexual Marriage

1973 ◽  
Vol 82 (3) ◽  
pp. 573 ◽  
Keyword(s):  
Homosexual Marriage

scholarly journals Democracia, Direitos Humanos e Direito Natural: crítica à tese de John Finnis sobre o casamento homossexual | Democracy, Human Rights and Natural Law: critique of John Finnis' thesis on homosexual marriage

2018 ◽  
Vol 4 (2) ◽  
pp. 11-36
Author(s):  
Roger Raupp Rios
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Homosexual Marriage ◽  
John Finnis

Examina-se de modo crítico a teoria da lei natural, de John Finnis, e sua defesa contra a possibilidade jurídica de reconhecimento do direito ao casamento entre pessoas do mesmo sexo, a partir de dois pontos de vista: a consistência interna da do referencial finnisiano e sua adequação diante do debate sobre direitos humanos. Examinam-se também as alegações associadas à defesa finnisiana, desde a proeminência de uma dita moral majoritária e da ofensa aos sentimentos públicos, até preocupações com a “promoção da homossexualidade”, suas consequências pretensamente prejudiciais aos menores e a fragilização da instituição do casamento. Apontam-se seus limites e sua incompatibilidade em face dos ideais democráticos que suplantaram os projetos nazi-fascistas no século XX, tomando como caso emblemático a decisão da Suprema Corte dos Estados Unidos no caso “Obergefell vs. Hodges”.

scholarly journals A contribution to the debate about social recognition of marriage-like and family-like social phenomena

2021 ◽  
Vol 55 (3) ◽  
pp. 714-750
Author(s):  
Uroš Šuvaković
Keyword(s):  
Sexual Relationships ◽  
Social Recognition ◽  
Ideal Condition ◽  
Sex Partners ◽  
Same Sex ◽  
Social Functions ◽  
Social Phenomena ◽  
The Family ◽  
Identical Manner ◽  
Homosexual Marriage

The paper elaborates on the relation between marriage and the family, on one hand, and marriage-like and family-like homosexual unions such as so-called homosexual marriage and same-sex union (or same-sex life partnership). With a brief theoretical introduction and a comparative overview of the manner in which this matter is regulated in other countries, certain solutions are analyzed from the Proposal Draft Law on Same-Sex Unions of Serbia (2021). It is indicated that it is no longer possible to equalize marriage and the family with the same-sex union because the content of these concepts is substantially different. The society is interested in protecting marriage and the family and to take special care of them since they perform extremely important social functions, whereas without some of them the survival of the society itself would be brought to question (the reproduction function). On the other hand, homosexual marriage and/or same-sex unions do not perform any social function, but are formed exclusively for the purpose of relatively longer-standing satisfaction of sexual needs of same-sex partners. Since the society and the state do not protect marriage only because sexuality is regulated within it, but because it legitimizes sexual relationships aimed at having children, in the event of homosexual marriage-like unions it should also be proceeded in an identical manner: solely those rights and obligations of partners deriving from a relatively longer-standing homosexual partnership should be legally regulated. Moreover, having in mind the principle that every man's right is limited by other people's rights, it is impermissible to give priority to the protection of the rights of same-sex partners for the purpose of longer-standing homosexual relationships over the protection of children's rights. Children need both a father and a mother (an ideal condition), and the family in which they will be socialized. In line with those homosexual marriage-like unions, neither adoption nor assisted insemination can be allowed.

scholarly journals Perkawinan Sejenis Menurut Hak Asasi Manusia Dalam Perspektif Hukum Islam

2016 ◽  
Vol 16 (1) ◽  
pp. 77-83
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Human Rights Law ◽  
Marriage Law ◽  
Men And Women ◽  
Legal Principles ◽  
Homosexual Marriage

Purpose of this study is to analyze that the homosexual marriage in accordance with human rights which is just and civilized, and to determine the homosexual marriage according to the marriage act and the perspective of Islamic law. The method used is a method normative considering that this study emphasizes that the secondary data that is studying and reviewing principles, materials and positive legal principles that of the materials libraries that exist in legislation marriage law and human rights law in Indonesia. Results from this study showed that the homosexual marriage in the name of human rights it violates human rights itself. Because the rights that should be fought is right according to the nature of natural and ordained by God, since man was created in pairs regarding marriages recognized by the state is only marriages between men and women can also be seen in Article 34 paragraph (1) of the Act Number 23 the Year 2006 concerning population administration.

Should There Be Homosexual Marriage? And If so, Who Should Decide?

1997 ◽  
Vol 95 (6) ◽  
pp. 1578 ◽  
Author(s):  
Richard A. Posner ◽  
William N. Eskridge
Keyword(s):  
Homosexual Marriage

APA, Science, and the Defense of Marriage Act

1997 ◽  
Vol 81 (3) ◽  
pp. 1007-1016 ◽  
Author(s):  
Ray W. Johnson
Keyword(s):  
Scientific Organization ◽  
Defense Of Marriage Act ◽  
Homosexual Marriage

This paper uses the APA position on the Defense of Marriage Act to demonstrate that APA's advocacy policy regarding homosexual marriage is not based on science. It shows that the politics of advocacy have led a purportedly scientific organization to misinterpret, overgeneralize, and distort the results of research and to ignore the original purpose of the organization.

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