Same-sex ruling will face challenges in Latin America

2018 ◽  
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Significant Progress ◽  
Religious Groups ◽  
Same Sex ◽  
Transgender People ◽  
Same Sex Marriage ◽  
Content Type ◽  
The Right

Subject LGBTI rights in Latin America. Significance On January 9, the Inter-American Court of Human Rights issued a landmark ruling, requiring that states party to the American Convention on Human Rights must recognise same-sex marriage. The ruling also recognised the right of transgender people to change their names on legal documentation. The region has seen significant progress on LGBTI rights over recent years, but the ruling will face strong pushback from some states and religious groups. Impacts Opposition in some countries will be driven by factors including a heavily ‘machista’ culture, and moral hostility from religious groups. Legislation alone will not reduce the risks of violence and discrimination faced by LGBTI communities. The difficulty of imposing uniform LGBTI rights across regions will be replicated elsewhere.

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.

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.

Same-sex marriage in China? The strategic promulgation of a progressive policy and its impact on LGBT activism

2010 ◽  
Vol 37 (3) ◽  
pp. 1313-1333 ◽  
Author(s):  
TIMOTHY HILDEBRANDT
Keyword(s):  
Human Rights ◽  
Opportunity Costs ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Democratic State ◽  
Lgbt Community ◽  
Lgbt Activism ◽  
Progressive Policy ◽  
The Right ◽  
The Impact

AbstractUsing the case of same-sex marriage in China, this article explores two fundamental questions: What motivates a non-democratic state to promulgate a progressive human rights policy? More importantly, when a non-democratic state adopts such policies, what is the impact on activism? I argue that same-sex marriage legislation could be used strategically to improve China's human rights reputation. While this would extend a pinnacle right to gays and lesbians, the benefits might not outweigh the costs: I show that when imposed from above, a same-sex marriage law would incur opportunity costs on activism; the passage of this progressive policy would eliminate an important issue around which the Lesbian, Gay, Bisexual and Trans-gender/-sexual (LGBT) community might develop. Moreover, even if such policy is promulgated, the right to marry will do little to challenge the larger social pressures that make life difficult for LGBT Chinese.

Costa Rica election upset leaves stark run-off choice

2018 ◽  
Keyword(s):  
Human Rights ◽  
Costa Rica ◽  
Presidential Election ◽  
Same Sex ◽  
Single Issue ◽  
Same Sex Marriage ◽  
Content Type ◽  
Large Pool ◽  
Run Off

Subject Costa Rica's presidential election. Significance A shock result in the February 4 election has triggered a run-off between two diametrically opposed candidates of the same name (but not related) -- evangelical politician Fabricio Alvarado Munoz and former Labour Minister Carlos Alvarado Quesada. Neither candidate looked like a realistic prospect until the closing weeks of the campaign, when a controversial ruling on same-sex marriage polarised a substantial section of the electorate on that single issue. With just under two months until the second round, both candidates will now focus on shoring up their support and appealing to a large pool of undecided voters. Impacts A move towards the centre would likely see Alvarado Quesada pick up undecided voters put off by Alvarado Munoz’s evangelical support base. Alvarado Munoz would struggle to remove Costa Rica from the Inter-American Court of Human Rights. The Court's headquarters would have to move if Costa Rica did leave its jurisdiction. Whoever wins the run-off, Costa Rica’s relationship with the Court will be debated, potentially undermining its ability to enforce rulings.

scholarly journals Human Rights and the Same-Sex Marriage Debate in Australia

2017 ◽  
Vol 10 (4) ◽  
pp. 60
Author(s):  
Bede Harris
Keyword(s):  
Human Rights ◽  
John Rawls ◽  
The United States ◽  
Comparative Approach ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Political Debate ◽  
Same Sex Marriage ◽  
Goods And Services ◽  
The Right

Australia is currently confronting the issue of whether to legalise same-sex marriage. Thus far debate has been conducted with little reference to human rights theory. This article draws on the theories of John Rawls and John Stuart Mill and analyses whether, by confining the right to marry to heterosexual couples, the law infringes the right to privacy and, conversely, whether the legalisation of same-sex marriage would infringe religious rights of those who are unwilling to provide goods and services to same-sex couples. In so doing, the article adopts a comparative approach, drawing on case law from the United States. The article examines the way in which political debate on the issue has been conducted by the major parties in Australia, and concludes that both the Liberal-National coalition and the Labor party have been motivated by a desire to appease the religious right within their ranks, at the expense of human rights principles.

Courts and Same-Sex Marriage in Latin America

2021 ◽  
Author(s):  
Maximiliano Campana ◽  
Juan Marco Vaggione
Keyword(s):  
Latin America ◽  
Civil Rights ◽  
Latin American ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Historical Developments ◽  
The Right ◽  
Lgbt Movement

Same-sex marriage has become one of the LGBT movement’s main demands in Latin America in the past decade. Argentina was the first Latin American country to recognize same-sex marriage in 2010, and it has been replicated in other countries such as Brazil, Uruguay, Colombia, Ecuador, Costa Rica, and Mexico. In all these cases, the courts have been an important ally of the LGBT movement, generating the constitutional grounds and decisions for the recognition and expansion of the rights of same-sex couples. In this sense, litigation has proved to be a powerful strategy for LGBT groups for their demands of recognition, and in the analyzed cases, the judiciary has been receptive to these petitions and claims assuming different roles. The litigation experience in Latin America has been shaped by the U.S. litigation model for the advancements of civil rights, a model that has had an impact in the LGBT campaigns for same-sex marriage, and as a result it is possible to identify different roles that the Latin-American courts have played in protecting same-sex couples and legally recognizing their partnerships in the region. Thus the historical developments of the strategic litigation have been crucial for the recognition and advancement of rights, generating a type of litigation that was originated in the United States and later replicated in Latin America, thanks to institutional changes and successful experiences of same-sex marriage litigation. However, the courts have assumed different roles when recognizing the right to marriage between same-sex couples in the region, according to the legal, social, political, and international context where they are inserted, showing that the “politization of the justice” and the “judicialization of politics” are two interconnected procceses that combine in different and complex manners when debating sexuality in the region.

15. Article 12: The right to marry and to found a family

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Opposite Sex ◽  
The Right

This chapter discusses Article 12 of the European Convention on Human Rights, which protects the right to marry and to found a family, subject to a wide power on the part of states to regulate the exercise of the right. National law may regulate the form and capacity to marry, but procedural or substantive limitations must not remove the essence of the right. The right to marry does not extend to same-sex marriage and there is no right to divorce. However, transsexuals are guaranteed the right to marry persons of their now opposite sex.

scholarly journals Sexual and gender minorities rights in Latin America and the Caribbean: a multi-country evaluation

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Monica Malta ◽  
Reynaldo Cardoso ◽  
Luiz Montenegro ◽  
Jaqueline Gomes de Jesus ◽  
Michele Seixas ◽  
...  
Keyword(s):  
Latin America ◽  
South American ◽  
Sexual And Gender Minorities ◽  
Same Sex ◽  
Transgender People ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Gender Minorities ◽  
The Caribbean ◽  
And Gender

Abstract Background Although the extent of legal inequities experienced by sexual and gender minorities (SGM) has declined during recent decades, this population still enjoys fewer legal protections and benefits than the non-gender-variant, heterosexual population. Herein we analyze the current scenario of SGM rights in Latin America and the Caribbean (LAC). Methods Policy documents and governmental strategies addressing SGM rights were analyzed within a timeline framework by three major LAC sub-regions: the Caribbean, Mesoamerica and South America. Results Our search identified 88 eligible documents addressing the following categories: (1) legal protections towards same-sex couples (decriminalization of same-sex acts among consenting adults, legal recognition of same-sex unions, same-sex marriage, adoption by same-sex couples), and (2) anti-discrimination laws (SGM allowed to serve openly in the military and anti-discrimination laws related to sexual orientation, gender identity and/or expression). The majority of Caribbean countries prohibit same-sex acts between consenting adults, while in Mesoamerica same-sex couples do not have equal marriage rights and are not allowed to adopt as a couple. In the Caribbean and Mesoamerica transgender people lack proper legal protection. Legislation to protect SGM rights in South America is the most inclusive and progressive in LAC. Several countries recognize same-sex marriage and the right of transgender people to legally change their name and gender. The majority of South American countries have some kind of anti-discrimination law, but no effective mechanisms to enforce these laws. In spite of those progresses, the LAC region registers the highest rate of violence and hate crimes against SGM in the world. Conclusion In the Caribbean and Mesoamerica the overall discriminatory legislation exacerbates violence against SGM within a social and cultural context of strong sexist, gender stereotypes and widespread violence. This scenario is driving hundreds of SGM to leave their home countries. In spite of progressive legislations, several South American countries are currently controlled either by highly conservative leaders (e.g. Brazil and Chile) or by repressive dictators (Venezuela). The near future of the LAC region is unknown, but if such trends continue, severe human rights problems, including setbacks in SGM legal protections, are likely.

scholarly journals Same-Sex Marriage and Religious Exemption under the Marriage Act: Where Does Section 29 Leave Religious Objectors?

2021 ◽  
Author(s):  
◽  
Simon Matthew Wilson
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Democratic Society ◽  
Bill Of Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Right ◽  
Religious Exemption

<p>This paper analyses the implications of section 29(1) of the Marriage Act 1955 for marriage celebrants wishing to refuse to solemnise same-sex marriages on religious grounds. Section 29(2) of the Marriage Act (as amended in 2013) allows a limited religious exemption for some celebrants, but not all are covered by this provision. Those not included (namely independent celebrants) can only refuse to solemnise a marriage if section 29(1) allows such a refusal. This paper asserts that when solemnising marriages, celebrants perform a ‘public function’ and are therefore subject to human rights obligations arising from the New Zealand Bill of Rights Act 1990 (NZBORA). These obligations are not overridden by section 29(1), so a celebrant can only refuse to solemnise a marriage if NZBORA allows this. A refusal to solemnise a same-sex marriage on religious grounds limits the right to freedom from discrimination in a way that is demonstrably justified in a free and democratic society, and thus permitted by NZBORA. Section 29(1) therefore provides a broader protection for celebrants than section 29(2), allowing all celebrants to refuse to solemnise same-sex marriages on religious grounds.</p>

‘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.

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