Equality for Same-Sex Couples
The Legal Recognition of Gay Partnerships in Europe and the United States
9780226520322
9780226520315
9780226520339
Equality for Same-Sex Couples
The Legal Recognition of Gay Partnerships in Europe and the United States
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe.
Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
397 pages | 4 tables | 6 x 9 | © 2002
History: American History, European History
Law and Legal Studies: International Law, Law and Society, Legal History
Political Science: Comparative Politics
Sociology: Sociology--Marriage and Family
Table of Contents
Acknowledgments
1. Introduction
2. The Changing Institution of Marriage and the Exclusion of Same-Sex Couples
2.1 A Few Words about the Idiosyncrasies of the Institution of Marriage and Its Ends from Ancient Greece to the Present
2.2 Current Concepts and Characteristics of Marriage Law and Cohabitation in Northern Europe and the United States
2.3 Equality in Marriage: Race, Sex, and Sexual Orientation
2.4 Marriage for Same-Sex Couples and Alternative Models for the Recognition of Same-Sex Partnerships
3. Registered Partnerships in the Nordic Countries
3.1 The First Registered Partnership Act—Denmark
3.2 Registered Partnership in Norway
3.3 Registered Partnership and Cohabitation in Sweden
3.4 Iceland’s Registered Partnership Act
3.5 The Status of Same-Sex Couples in Finland and the Bill on Registered Partnership
4. Same-Sex Partnerships in the Netherlands
4.1 Cohabitation of Same-Sex Couples
4.2 The Dutch Registered Partnership Act
4.3 Adoption by Same-Sex Couples
4.4 The Dutch Act on Same-Sex Marriage
5. Recognition of Same-Sex Partnerships in Other European Countries
5.1 Common Law Marriage in Hungary and Portugal
5.2 Countries with a "Light" Version of Registered Partnership
5.3 Countries Progressing toward the Recognition of Same-Sex Partnerships
6. The Cohabitation Model
6.1 Canada
6.2 Australia
6.3 New Zealand
7. Same-Sex Partnerships in the United States
7.1 Parental Rights of Same-Sex Couples in the United States
7.2 Judicial Recognition of Opposite-Sex and Same-Sex Cohabitation in the United States
7.3 Adult Adoption by Same-Sex Partners
7.4 Domestic Partnerships and Civil Unions
7.5 Opening Up Marriage to Same-Sex Couples
8. Contrasts between the Models of Recognition and the Status of Same-Sex Partnerships in the United States and Northern Europe
8.1 The European Registered Partnership Acts
8.2 Domestic Partnerships in the United States
8.3 Same-Sex Partnerships in the United States and Northern Europe Contrasted
9. Domestic Partnership, Registered Partnership, and Marriage
9.1 Registered Partnership and Marriage Compared
9.2 Domestic Partnership and Marriage Compared
9.3 Existing Models of Recognition as "Second-Class Marriage"
10. Alternatives to Marriage and the Doctrine of "Separate but Equal"
10.1 Racial Segregation in the United States
10.2 Segregation Based on Gender and Sexual Orientation
10.3 The Loving Analogy
10.4 The Brown Analogy
10.5 Intracommunity Perceptions of a Separate Regime for Same-Sex Couples
11. The Feasibility of Opening Up Marriage to Same-Sex Couples
11.1 The Necessary Process
11.2 Repeal of Sodomy Laws and Protection from Discrimination in Europe
11.3 Repeal of Sodomy Laws and Protection from Discrimination in the United States
11.4 Sodomy Laws, Antidiscrimination, and Recognition of Same-Sex Partnerships
11.5 Same-Sex Marriage
12. Conclusion
Appendix A: European Same-Sex Legislation in Translation
Appendix B: Developments in the United Kingdom, Israel, South Africa, and Brazil
Bibliography
Index
1. Introduction
2. The Changing Institution of Marriage and the Exclusion of Same-Sex Couples
2.1 A Few Words about the Idiosyncrasies of the Institution of Marriage and Its Ends from Ancient Greece to the Present
2.2 Current Concepts and Characteristics of Marriage Law and Cohabitation in Northern Europe and the United States
2.3 Equality in Marriage: Race, Sex, and Sexual Orientation
2.4 Marriage for Same-Sex Couples and Alternative Models for the Recognition of Same-Sex Partnerships
3. Registered Partnerships in the Nordic Countries
3.1 The First Registered Partnership Act—Denmark
3.2 Registered Partnership in Norway
3.3 Registered Partnership and Cohabitation in Sweden
3.4 Iceland’s Registered Partnership Act
3.5 The Status of Same-Sex Couples in Finland and the Bill on Registered Partnership
4. Same-Sex Partnerships in the Netherlands
4.1 Cohabitation of Same-Sex Couples
4.2 The Dutch Registered Partnership Act
4.3 Adoption by Same-Sex Couples
4.4 The Dutch Act on Same-Sex Marriage
5. Recognition of Same-Sex Partnerships in Other European Countries
5.1 Common Law Marriage in Hungary and Portugal
5.2 Countries with a "Light" Version of Registered Partnership
5.3 Countries Progressing toward the Recognition of Same-Sex Partnerships
6. The Cohabitation Model
6.1 Canada
6.2 Australia
6.3 New Zealand
7. Same-Sex Partnerships in the United States
7.1 Parental Rights of Same-Sex Couples in the United States
7.2 Judicial Recognition of Opposite-Sex and Same-Sex Cohabitation in the United States
7.3 Adult Adoption by Same-Sex Partners
7.4 Domestic Partnerships and Civil Unions
7.5 Opening Up Marriage to Same-Sex Couples
8. Contrasts between the Models of Recognition and the Status of Same-Sex Partnerships in the United States and Northern Europe
8.1 The European Registered Partnership Acts
8.2 Domestic Partnerships in the United States
8.3 Same-Sex Partnerships in the United States and Northern Europe Contrasted
9. Domestic Partnership, Registered Partnership, and Marriage
9.1 Registered Partnership and Marriage Compared
9.2 Domestic Partnership and Marriage Compared
9.3 Existing Models of Recognition as "Second-Class Marriage"
10. Alternatives to Marriage and the Doctrine of "Separate but Equal"
10.1 Racial Segregation in the United States
10.2 Segregation Based on Gender and Sexual Orientation
10.3 The Loving Analogy
10.4 The Brown Analogy
10.5 Intracommunity Perceptions of a Separate Regime for Same-Sex Couples
11. The Feasibility of Opening Up Marriage to Same-Sex Couples
11.1 The Necessary Process
11.2 Repeal of Sodomy Laws and Protection from Discrimination in Europe
11.3 Repeal of Sodomy Laws and Protection from Discrimination in the United States
11.4 Sodomy Laws, Antidiscrimination, and Recognition of Same-Sex Partnerships
11.5 Same-Sex Marriage
12. Conclusion
Appendix A: European Same-Sex Legislation in Translation
Appendix B: Developments in the United Kingdom, Israel, South Africa, and Brazil
Bibliography
Index