scholarly journals What's in a Name Case? Some Lessons for the Debate Over the Free Movement of Same-Sex Couples Within the EU

2016 ◽  
Vol 17 (3) ◽  
pp. 421-449 ◽  
Author(s):  
Martijn van den Brink
Keyword(s):  
Married Couples ◽  
Case Law ◽  
Free Movement ◽  
Same Sex ◽  
Member States ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Eu

This Article engages the debate over the free movement of same-sex couples and explores what can, and should, be learned from the case law on the recognition of names. These “name cases” provide valuable lessons for both the proponents and opponents of same-sex marriage recognition. These cases show, first, that Member States are under the presumption to recognize marriages performed in other Member States. This Article also considers the importance of the national and constitutional identities of the Member States and suggests that there remains a possibility that Member States may justify the non-recognition of a marriage or deprive same-sex couples of some of the rights heterosexual married couples benefit from. The Article explores how the EU is confronted with a federal clash of values and offers some suggestions on how to solve this clash.

Public Security Derogations to the Free Movement of EU Citizens and Preventive Criminal Law: A Collision between Ever-Expanding Concepts?

2019 ◽  
Vol 27 (4) ◽  
pp. 293-319
Author(s):  
Alejandro Sánchez Frías
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Case Law ◽  
Free Movement ◽  
Public Security ◽  
European Level ◽  
Member States ◽  
Eu Directive ◽  
The Eu

The threat of foreign terrorist fighters has led to the development of preventive criminal law on an international and European level. The EU Directive on combating terrorism can have two impacts on the free movement of EU citizens. It directly calls upon Member States to criminalise the act of travelling, as well as other conduct that may be connected to a terrorist offence. In addition, ecj case law accepts EU criminal law as a basis for public security derogations against free movement. Therefore, the commission of any of the acts criminalised in the EU Directive on combating terrorism could be used as a reason to restrict the exercise of free movement by EU citizens. When Member States begin to adopt these measures, litigation on the balance between preventive criminal justice and free movement of EU citizens will increase.

NeJaime and Siegel, JJ., concurring.

2020 ◽  
pp. 112-128
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Equal Protection ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Equal Protection Clause ◽  
Majority Opinion ◽  
Same Sex Couples ◽  
The Right

Today the Court holds that laws banning same-sex marriage are a form of caste or class legislation that violates the Equal Protection Clause. The Court recognizes the right of same-sex couples to marry under the suspect classification and fundamental rights strands of our equal protection case law. We join the majority opinion holding that equal protection guarantees the right of same-sex couples to marry....

Implications of Obergefell for Same-Sex Marriage, Divorce, and Parental Rights

2018 ◽  
pp. 7-30 ◽  
Author(s):  
Nancy J. Knauer
Keyword(s):  
Civil Rights ◽  
Married Couples ◽  
Supreme Court Decision ◽  
Parental Rights ◽  
Same Sex ◽  
Nontraditional Families ◽  
Same Sex Marriage ◽  
State Laws ◽  
Same Sex Couples ◽  
Domestic Partnerships

This chapter examines the implications of the landmark US Supreme Court decision Obergefell v. Hodges for same-sex marriage, divorce, and parental rights. Heralded as one of the most significant civil rights victories in recent memory, Obergefell had an immediate impact on the lives of same-sex couples by providing uniform and nationwide access to both marriage and divorce. It ended a confusing patchwork of state laws, some of which recognized same-sex marriage and some of which prohibited not only same-sex marriage but also domestic partnerships and civil unions. Obergefell also ensured that all same-sex married couples would be eligible for federal benefits regardless of where they lived. The longer-term effects and applications of Obergefell remain unclear, especially with respect to parental rights. In addition, Obergefell has ignited a backlash of religious exemptions law and concern remains that marriage equality may further marginalize nontraditional families and those who choose not to marry.

scholarly journals The ECJ's Coman judgment: Recognition of same-sex marriage indirectly?

2021 ◽  
Vol 3 (2) ◽  
pp. 77-93
Author(s):  
Milena Petrović
Keyword(s):  
Case Law ◽  
Eu Law ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Eu Member States ◽  
European Court ◽  
To Come ◽  
Union Citizen ◽  
The Right ◽  
The Eu

In the Coman case, the European Court of Justice was asked whether the term "spouse" - for the purpose of EU law - includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement that Union citiyens enjoy under EU law. This case comment analyses the judgment, arguing that the Court's pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, the case poses a number of important questions, which will only be answered in case law and practice in the years to come.

scholarly journals The Last Habitual Residence of the Deceased as the Principal Connecting Factor in the Context of the Succession Regulation (650/2012)

2015 ◽  
Vol 5 (2) ◽  
pp. 130-146
Author(s):  
Max Atallah
Keyword(s):  
International Law ◽  
Case Law ◽  
Free Movement ◽  
Legal Certainty ◽  
Habitual Residence ◽  
Member States ◽  
Legal Definition ◽  
Eu Member States ◽  
Cross Border ◽  
The Eu

AbstractThe objective of this study was to gather information about the last habitual residence (LHR) of the deceased in the context of the upcoming EU Succession Regulation. In addition, the aim was to analyze the adequacy of the legally undefined LHR as the principal connecting factor in cross-border succession within the EU. This study was carried out as a part of a bachelor thesis conducted on the same subject. The data were collected from relevant jurisprudence, international law, national acts, the EU published materials and case law. These results suggest that the legally undefined LHR is an unstable connecting factor for the purposes of the Succession Regulation, since it cannot guarantee sufficient legal certainty, and hence, the EU citizens are not able to fully utilize their right to free movement. The findings indicate that there might be a need to amend a legal definition for the LHR, not only for the EU Member States to be able to apply the concept in an harmonized way, but also for the EU citizens to know whether they are considered habitually resident in a state or not.

The Civil Partnership Act 2004, Same-Sex Marriage and the Church of England

2006 ◽  
Vol 8 (38) ◽  
pp. 289-306 ◽  
Author(s):  
Jacqueline Humphreys
Keyword(s):  
Conceptual Understanding ◽  
Church Of England ◽  
Married Couples ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Current Conception ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Practical Effect ◽  
The Church

The Civil Partnership Act 2004 enables same-sex couples to enter into a status that provides very many of the same rights and responsibilities that married couples have in respect to each other and the wider community. This paper first considers the extent of the legal similarities between civil partnerships and marriage; that is to what extent civil partnerships are 'same-sex marriage' in practical effect. Secondly it considers to what extent the conceptual understanding of civil partnerships within the Act reflects the current conception of marriage within English law; that is the extent to which civil partnerships are 'same-sex marriage' in theory. Thirdly, and finally, some of the specific dilemmas for the Church of England in the light of this are considered.

scholarly journals Introduction: For Better or For Worse? Relational Landscapes in the Time of Same-Sex Marriage

2018 ◽  
Author(s):  
Michael W. Yarbrough
Keyword(s):  
Married Couples ◽  
Marriage Equality ◽  
Same Sex ◽  
Critical Research ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Different Types ◽  
The Status ◽  
The One ◽  
Full Volume

This paper is a pre-print version of the introduction chapter to the edited volume, Queer Families and Relationships After Marriage Equality, published with Routledge in 2018. As same-sex marriage has become a legal reality in a rapidly growing list of countries, the time has come to assess what this means for families and relationships on the ground. Many scholars have already begun to examine how marriage is helping some same-sex couples, but in this introduction I call for a broader and more critical research agenda. In particular, I argue that same-sex marriage crystallizes a key tension surrounding families and relationships in many contemporary societies. On the one hand, strict family norms are relaxing in many places, allowing more people to form more diverse types of caring relationships. On the other hand, some relationships continue to be more honored and protected than others. I frame the spread of same-sex marriage as an opportunity to study this tension, and I argue that queer critiques of marriage provide useful tools for helping ground such research. I argue for research that sees same-sex marriage not as an isolated shift in the status of some same-sex couples, but instead as embedded in broader “relational landscapes” where different relationships of different types intersect with each other and shape each other. Such research would highlight inequalities among married couples and between married and unmarried people, and it would trace changes in other relationship forms outside of same-sex marriage itself. I describe how the chapters in this volume pursue these goals, helping develop queer and other critiques of marriage to lay the groundwork for a contextualized, critical research program on families and relationships after same-sex marriage. For the full volume this chapter introduces, please visit https://www.routledge.com/Queer-Families-and-Relationships-After-Marriage-Equality/Yarbrough-Jones-DeFilippis/p/book/9781138557468.

Sign in / Sign up

Export Citation Format

Share Document