1. The formation of adult relationships

Author(s):  
Stephen Gilmore ◽  
Lisa Glennon

This chapter examines the law surrounding the formation of the formal relationships of marriage and civil partnership, including the law on nullity. It also explores, by way of contrast, non-formal cohabiting relationships. Topics discussed include void and voidable marriages, sham marriages, forced marriages; the development of gay and lesbian rights; the road to same-sex marriage; and the legal consequences of marriage.

Author(s):  
Stephen Gilmore ◽  
Lisa Glennon

This chapter examines the law surrounding the formation of the formal relationships of marriage and civil partnership, including the law on nullity. It also explores, by way of contrast, non-formal cohabiting relationships. Topics discussed include void and voidable marriages, sham marriages, forced marriages; the development of gay and lesbian rights; the road to same-sex marriage and the extension of civil partnership to opposite-sex couples; and the legal consequences of marriage.


2021 ◽  
pp. 29-82
Author(s):  
N V Lowe ◽  
G Douglas ◽  
E Hitchings ◽  
R Taylor

This chapter begins with a discussion of marriage as a legal concept, the legal recognition of same-sex relationships and creation of civil partnerships. It considers the rules governing entry into marriage and civil partnership and the presumption of marriage. It also discusses the concept of nullity of marriage or civil partnership, the concept of a ‘non-qualifying ceremony’ and the grounds for annulment. The chapter concludes with a discussion of cohabitation outside marriage and its recognition by the law.


Author(s):  
Stephen Macedo

This chapter considers the main arguments raised by conservatives against same-sex marriage and gay rights more generally. Defenders of same-sex marriage acknowledge the fact that marriage is in many ways a conservative institution. Libertarians, liberationists, and some liberals doubt that marriage is fair given the diversity of people's conceptions of meaning and value in life. Many adopt an unnecessarily critical posture toward civil marriage. This chapter offers a sympathetic account of marriage that recognizes the importance for many people of marital commitment while also honoring, and indeed helping to secure, the equal liberty and fairness prized by liberals. It shows that the debate over gay rights has been shaped by the repeated articulation of a demand for public reasons and evidence to justify the shape of the law touching on gay rights and marriage. The demand for reasons was laid down by the dissenters in Bowers v. Hardwick (1987).


The differences between states and within states are profound, and while that has long been true, it is much more consequential to LGBT individuals since the legalization of same-sex marriage. Social change relating to LGBT issues were originally addressed in a 1997 article written by Thomas Stoddard titled “Bleeding Heart: Reflections on Using the Law to Make Social Change.” This chapter uses his framework and examines legislative responses to the legalization of same-sex marriage focusing on place.


Culture shifts relating to LGBT rights were originally addressed in a 1997 article written by Thomas Stoddard titled “Bleeding Heart: Reflections on Using the Law to Make Social Change.” This chapter uses his framework for social change and examines how rule shifting and cultural shifts interact with the legalization of same-sex marriage.


Author(s):  
Ruth Gaffney-Rhys

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.


Author(s):  
Torremans Paul

This chapter examines the choice of law rules governing the formal validity of a marriage and those rules governing its essential validity or capacity to marry. It first considers the general rule governing the formalities of marriage as well as exceptions to the general rule before discussing the two main theories on the capacity to marry. It then looks at the reform of general rules on marriage, what law determines the nature of a marriage, the capacity to contract a polygamous marriage, and recognition of polygamous marriages in England. It also analyses the rules governing civil partnership and de facto cohabitation and concludes with an overview of special problems posed by polygamous marriages and same sex unions.


2020 ◽  
Vol 18 (1) ◽  
pp. 9-28
Author(s):  
Luiz Carlos Teixeira Coelho Filho

AbstractIn June 2018, the Igreja Episcopal Anglicana do Brasil’s (IEAB) General Synod voted, by an overwhelming majority, to amend its canons by redefining marriage as a ‘lifelong union between two people, regardless of sexual orientation or gender identity’.2 In this essay, I intend to describe the process that led to such decision both as the result of major changes that happened in Brazilian society and as a response to IEAB’s inner process of discernment and theology-making in parallel with other Anglican provinces. Rather than merely copying theological developments and discussions produced in the English-speaking world, IEAB creatively engaged foreign and local sources (Anglican and non-Anglican), thus producing a contextually based theology that led to its embracing of same-gender couples as full members, worthy of all sacraments and rites.


Sign in / Sign up

Export Citation Format

Share Document