scholarly journals Same-Sex Marriages in Canadian Private International Law

2013 ◽  
Vol 51 (1) ◽  
pp. 77
Author(s):  
Jan Jakob Bornheim
Keyword(s):  
International Law ◽  
Current Treatment ◽  
Private International Law ◽  
Same Sex ◽  
Political Debate ◽  
Same Sex Couples ◽  
Civil Marriage ◽  
Media Reports ◽  
The Government ◽  
C 32

In 2012, the Canadian federal government took a position in court that same-sex couples married in Canada were not legally married if the law of their domicile did not recognize such marriages. As a reaction to the subsequent media reports and political debate, the government introduced Bill C-32 to modify the Civil Marriages Act. This article analyzes the current treatment of same-sex marriages by foreign-domiciled spouses in Canadian private international law, criticizes the changes to the Civil Marriage Act, and replies to a recent academic commentary on the issue.

scholarly journals Somewhere over the rainbow: Italy and the regulation of same-sex unions

Modern Italy ◽  
2021 ◽  
pp. 1-14
Author(s):  
Alessia Donà
Keyword(s):  
Balance Of Power ◽  
Legislative Process ◽  
Same Sex ◽  
Political Debate ◽  
West European Country ◽  
Same Sex Couples ◽  
Societal Actors ◽  
The Status ◽  
The Government ◽  
Almost All

While almost all European democracies from the 1980s started to accord legal recognition to same-sex couples, Italy was, in 2016, the last West European country to adopt a regulation, after a tortuous path. Why was Italy such a latecomer? What kind of barriers were encountered by the legislative process? What were the factors behind the policy change? To answer these questions, this article first discusses current morality policymaking, paying specific attention to the literature dealing with same-sex partnerships. Second, it provides a reconstruction of the Italian policy trajectory, from the entrance of the issue into political debate until the enactment of the civil union law, by considering both partisan and societal actors for and against the legislative initiative. The article argues that the Italian progress towards the regulation of same-sex unions depended on the balance of power between change and blocking coalitions and their degree of congruence during the policymaking process. In 2016 the government formed a broad consensus and the parliament passed a law on civil unions. However, the new law represented only a small departure from the status quo due to the low congruence between actors within the change coalition.

Introduction

2018 ◽  
Author(s):  
Gillian Frank ◽  
Bethany Moreton ◽  
Heather R. White
Keyword(s):  
Supreme Court Decision ◽  
The Other ◽  
Court Decision ◽  
Word Of God ◽  
Same Sex ◽  
Sunday Morning ◽  
Same Sex Couples ◽  
Civil Marriage ◽  
The Bible ◽  
The U.S

The lines seem so clearly drawn: A white evangelical minister stands in front of his California congregation on a Sunday morning. In one hand he holds a Bible. In the other is the text of the U.S. Supreme Court decision in Obergefell v. Hodges extending civil marriage rights to same-sex couples throughout the country. “It’s time to choose,” he thunders to thousands of believers in the stadium-style worship center. “Will we follow the Word of God or the tyrannical dictates of government?” His declaration “This is who I stand with” is met with applause from the faithful as he dramatically flings the Court’s decision to the ground and tramples on it, waving the Bible in his upraised hand....

Communicative Doubt

2020 ◽  
pp. 117-139
Author(s):  
Méadhbh McIvor
Keyword(s):  
Good News ◽  
Church Members ◽  
Same Sex ◽  
Political Debate ◽  
Men And Women ◽  
Same Sex Couples ◽  
Law And Politics ◽  
Christ Church ◽  
Conservative Christian ◽  
The Individual

This chapter studies the use of biblically inflected speech in political debate. It begins by examining the arguments raised by conservative Christian activists in their campaign to prevent the passage of the Marriage (Same-Sex Couples) Act 2013. Introducing the concept of 'communicative doubt', the chapter argues that there is a sense in which neither 'religious' nor 'secular' arguments are thought to be an appropriate means of conveying Biblical Truth to those who are not (yet) Christian, for what is needed is the intervention of a speaking God. It then explores this doubt as it manifested in the lives of two Christ Church members who had been involved in one of the Christian Legal Centre's earliest cases. Five years on, they remained unsure of whether or not it communicated the Good News they had hoped to share. These doubts, hesitations, and ambivalences speak to the contested place of public Christianity in contemporary England, and to the difficulties faced by those who insist that their faith must go public: the challenge of rendering Christianity legible not only to law and politics, but to the individual men and women who are subject to these worldly institutions.

Same-Sex Relationships and Anglo-Canadian Choice of Law: An Argument for Universal Validity

1997 ◽  
Vol 34 ◽  
pp. 103-136
Author(s):  
Wendy A. Adams
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal Status ◽  
Supreme Court Of Canada ◽  
Private International Law ◽  
Same Sex ◽  
Choice Of Law ◽  
The Supreme Court ◽  
The Face

SummaryThe distinction between formal and essential validity in Anglo-Canadian choice of law regarding marriage is an illogical bifurcation that unnecessarily invalidates same-sex relationships contracted in foreign jurisdictions. The Supreme Court of Canada has recently reformulated certain rules of private international law, taking into account both the constitutional and sub-constitutional imperatives inherent in a federal setting and the need for order and fairness when co-ordinating diversity in the face of increasing globalization. Reform of the choice of law rules regarding the validity of foreign marriages should proceed accordingly with the result being that a marriage valid where celebrated is valid everywhere. No principled reason exists to deny recognition to same-sex relationships validly contracted in other jurisdictions, nor to differentiate between the rights and obligations arising from the legal status of same-sex and different-sex relationships.

scholarly journals SAME-SEX MARRIAGE AND THE SAME OLD CONSTITUTION*

2011 ◽  
Vol 14 (2 & 3) ◽  
pp. 2005
Author(s):  
Ronalda Murphy
Keyword(s):  
Supreme Court ◽  
Social Institution ◽  
Supreme Court Of Canada ◽  
Same Sex ◽  
Political Debate ◽  
Same Sex Marriage ◽  
Political Issues ◽  
Same Sex Couples ◽  
The Supreme Court ◽  
Do So

The Reference re Same-Sex Marriage1 is not a major opinion on the rights of same-sex couples in Canada, but it is nonetheless an important and fascinating case. There are only a few lines that are about the “rights” of same-sex couples. Did the Supreme Court of Canada “duck” the issue? Was the Court carefully gauging how much or little political capital it had and making a political decision to say as little as possible on this topic? The Court certainly displayed strategic brilliance, but it did not do so in the name of avoiding the “political” hot topic of same-sex marriage. It is factually difficult to maintain the view that the Supreme Court of Canada is loath to enter into this political debate. It has been the lead social institution in Canada in terms of responding to the claims of gays and lesbians to equality in law,2 and it has never been shy of dealing with topics simply because they involve controversial political issues.3 Rather, the Court’s brilliance lies in its minimalist and almost weary tone. This approach had the effect of taking the wind out of the sails of those opposed to same-sex marriage: the same-sex advocates definitely win the constitutional race, but they do so because according to the Supreme Court, there is no provincial constitutional headwind that can stop them. In short, provinces can complain all they want about the federal position in favour of same-sex marriage, but the wedding will go on despite and over their objections to the ceremony.

Impact of Civil Marriage Recognition for Long-Term Same-Sex Couples

2016 ◽  
Vol 14 (2) ◽  
pp. 223-232 ◽  
Author(s):  
Ellen D. B. Riggle ◽  
Robert E. Wickham ◽  
Sharon S. Rostosky ◽  
Esther D. Rothblum ◽  
Kimberly F. Balsam
Keyword(s):  
Same Sex ◽  
Same Sex Couples ◽  
Civil Marriage

The Right to Religious Freedom, with Particular Reference to Same-Sex Marriage

2012 ◽  
Vol 1 (2) ◽  
pp. 147-179
Author(s):  
Michael J. Perry
Keyword(s):  
Religious Freedom ◽  
Same Sex ◽  
Human Right ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Marriage ◽  
The Right

In this essay, I elaborate and defend the internationally recognized human right to religious freedom. I then pursue the implications of the right for government’s exclusion of same-sex couples from of civil marriage.

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