scholarly journals Conscientious Objection to Same-sex Marriages: Beyond the Limits of Toleration

2016 ◽  
Vol 11 (2) ◽  
pp. 114-139
Author(s):  
Stijn Smet
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Conscientious Objection ◽  
Civil Servants ◽  
Freedom Of Religion ◽  
Same Sex ◽  
Same Sex Couples ◽  
Sex Equality

When civil servants conscientiously refuse to register same-sex marriages, a clash arises between freedom of religion and same-sex equality. The scholarly world is divided on the optimal way to tackle this human rights clash. States, however, are not. Courts and legislators in the us, the uk and the Netherlands—among others—have decisively and unequivocally sided with same-sex equality. This article contributes to the debate by presenting an alternative to existing scholarly analyses, which the author finds wanting. The primary aim is to offer a coherent account of the relevant practice in the uk and the Netherlands. The article’s core argument is that this practice is best understood in terms of the limits of toleration in liberal States. The author argues, in particular, that the uk courts and Dutch legislators have drawn those limits at the point where civil servants cause same-sex couples expressive harm.

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.

State Obligations in Relation to Gender Identity and Rights of Same-Sex Couples

2021 ◽  
Vol 194 ◽  
pp. 277-462
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Family Life ◽  
Same Sex ◽  
Content Type ◽  
Name Change ◽  
Same Sex Couples ◽  
State Obligations ◽  
Administrative Procedures ◽  
And Gender

277Human rights — Gender identity — Rights of same-sex couples — State obligations concerning recognition of gender identity and rights of same-sex couples — American Convention on Human Rights, 1969 — Right to equality and non-discrimination of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons — Article 1(1) of American Convention on Human Rights, 1969 — Whether sexual orientation and gender identity protected categories under Article 1(1) — Right to gender identity — Right to a name — Whether States under obligation to facilitate name change based on gender identity — Whether failure to establish administrative procedures for name change violating American Convention on Human Rights, 1969 — Whether name change procedure under Article 54 of Civil Code of Costa Rica complying with American Convention on Human Rights, 1969 — Right to equality and non-discrimination — Right to protection of private and family life — Right to family — Whether States obliged to recognize patrimonial rights arising from a same-sex relationship — Whether States required to establish legal institution to regulate same-sex relationshipsInternational tribunals — Jurisdiction — Inter-American Court of Human Rights — Advisory jurisdiction — Whether advisory jurisdiction restricted by related petitions before Inter-American Commission on Human Rights — Admissibility — Whether request meeting formal and substantive requirements — Whether Court having jurisdiction

scholarly journals Parentalization of Same-Sex Couples: Family Formation and Leave Rights in Five Northern European Countries

2020 ◽  
pp. 397-428
Author(s):  
Marie Evertsson ◽  
Eva Jaspers ◽  
Ylva Moberg
Keyword(s):  
The Netherlands ◽  
Transition To Parenthood ◽  
Family Formation ◽  
European Countries ◽  
Same Sex ◽  
Same Sex Couples ◽  
Number Of Children ◽  
Northern European ◽  
Laws And Policies ◽  
Married Female

AbstractThis chapter introduces the concept of parentalization, defined as the ability to become parents and be recognized as such, both legally and via social policies. Applying the concept to same-sex couples, we examine how states may facilitate or hinder the transition to parenthood through laws and policies in five Northern European countries; Denmark, Finland, Norway, Sweden, and the Netherlands. Trends in the number of children zero years of age in married/cohabiting same-sex couples suggest a link between parentalization and realized parenthood. As partly indicated by these trends, parentalization is a gendered concept, and parenthood is more readily available to some couples than to others. Perhaps most importantly, very few same-sex couples have been able to jointly adopt a child. The fact that married female couples face fewer barriers to parentalization than other non-traditional couples partly reflects dominant norms on gender and motherhood.

Occupational apartheid and human rights: Narratives of Chilean same-sex couples who want to be parents

2020 ◽  
Vol 27 (1) ◽  
pp. 39-53 ◽  
Author(s):  
Rodolfo Morrison ◽  
Lilian Araya ◽  
Josefina Del Valle ◽  
Vivian Vidal ◽  
Katherine Silva
Keyword(s):  
Human Rights ◽  
Same Sex ◽  
Same Sex Couples

scholarly journals The Church of England and Same-Sex Marriage: Beyond a Rights-Based Analysis

2019 ◽  
Vol 21 (2) ◽  
pp. 153-178 ◽  
Author(s):  
Charlotte Smith
Keyword(s):  
Human Rights ◽  
Pastoral Care ◽  
Church Of England ◽  
Institutional Response ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Church ◽  
Apparent Conflict ◽  
Do So

Some scholars, faced with the apparent conflict between the Church of England's teaching on marriage and the idea of equal marriage embraced by the Marriage (Same Sex Couples) Act 2013, have focused on the implications of that Act for the constitutional relationship between Church, State and nation. More frequently, noting the position of the Church of England under that Act, academics have critiqued the legislation as an exercise in balancing competing human rights. This article by contrast, leaving behind a tendency to treat religion as a monolithic ‘other’, and leaving behind the neat binaries of rights-based analyses, interrogates the internal agonies of the Church of England as it has striven to negotiate an institutional response to the secular legalisation of same-sex marriage. It explores the struggles of the Church to do so in a manner which holds in balance a wide array of doctrinal positions and the demands of mission, pastoral care and the continued apostolic identity of the Church of England.

scholarly journals AN ATTEMPT FOR THE PROTECTION OF SEXUAL DIVERSITY IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 143-165
Author(s):  
Marcos Vinicius Torres Pereira
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Daily Life ◽  
The State ◽  
Same Sex ◽  
Sexual Diversity ◽  
Same Sex Couples ◽  
The Road ◽  
Bar Association ◽  
State Of Art

This article intends to talk about a democratic initiative of the Brazilian Bar Association to promote human rights and sexual diversity in Brazil.  Brazil is walking up the road to protect LGBTI citizens and to legally recognize same-sex couples.  The country has guaranteed many rights to homosexual couples and their children, but the lack of a specific act to rule these matters is a problem in a country whose legal system is still very dependent to legal acts and positivism.  This work tries to show the state of art of homosexual couples’ rights in Brazil and how the proposal of a new statute to protect the rights of LGBTI people, in all aspects of their daily life could protect them and contribute for a democratic society. 

scholarly journals AN ATTEMPT FOR THE PROTECTION OF SEXUAL DIVERSITY IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 143-165
Author(s):  
Marcos Vinicius Torres Pereira
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Daily Life ◽  
The State ◽  
Same Sex ◽  
Sexual Diversity ◽  
Same Sex Couples ◽  
The Road ◽  
Bar Association ◽  
State Of Art

This article intends to talk about a democratic initiative of the Brazilian Bar Association to promote human rights and sexual diversity in Brazil.  Brazil is walking up the road to protect LGBTI citizens and to legally recognize same-sex couples.  The country has guaranteed many rights to homosexual couples and their children, but the lack of a specific act to rule these matters is a problem in a country whose legal system is still very dependent to legal acts and positivism.  This work tries to show the state of art of homosexual couples’ rights in Brazil and how the proposal of a new statute to protect the rights of LGBTI people, in all aspects of their daily life could protect them and contribute for a democratic society. 

scholarly journals Adoção e casais do mesmo sexo

2014 ◽  
Vol 8 (29) ◽  
pp. 30-46
Author(s):  
Neliana Rodean
Keyword(s):  
Human Rights ◽  
Sex Partners ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Biological Parent ◽  
National Legislation ◽  
Same Sex Couples ◽  
European Court ◽  
New Period ◽  
Domestic Legislation

The European “backyard of rights” is enlarging and Member States face a new period of acknowledgment of human rights. The guarantee of the new rights occurs both through national legislation and through the jurisprudence of international or supranational courts. The European Court of Human Rights (ECtHR) became the “fourth judge” called to intervene when the domestic legislation is not guardian of new rights regarding the recognition of the same-sex couples but also the adoption of a child by these couples. In this sense, recently the ECtHR ruled that the impossibility of second-parent adoption in a same-sex relationship is  discriminatory when such adoption is possible for unmarried heterosexual couples, although the exclusion of the biological parent. Thus, the decision of the ECtHR established the principle that the adoption of children by same-sex partners should be possible, as it is for heterosexual unmarried couples.

Sign in / Sign up

Export Citation Format

Share Document