RIGHT TO MARRIAGE OF SEXUAL MINORITIES: A HUMAN RIGHT PERSPECTIVE


Book Description

Book deals with the Human Rights issues of the sexual minorities in particular their right to marriage. Discrimination from the main stream society is one of the main issues faced by the LGBTQ+ community. At present only 29 countries around the world have recognized the right to marriage of sexual minorities and Asian countries like India has not recognized this right. Individuals should be given right to self determination of their gender identity. Same as discrimination on the basis of race and color, discrimination on the basis of sexuality is also a human right violation which is recognized by the international community. Law is not a panacea for the entire issues faced by the LGBTQ+ community, the attitude of the society should be changed to accommodate the discriminated peoples like transgenders and other LGBTQ+ .




Sexuality and Human Rights


Book Description

Finally—a comparative overview of sexuality and human rights issues and law! Human rights issues exist globally, particularly when they have to do with sexuality. Sexuality and Human Rights: A Global Overview focuses on the controversial issues of human sexuality and the legal challenges that LGBT individuals face. Internationally recognized legal experts thoroughly discuss the status of important human rights laws pertaining to sexuality from around the world. Reviewing the progression from historical foundations and shifting public opinions through the most recent landmark legal cases, this is an essential resource on the present state of human rights laws and sexuality. This unique, up-to-date examination of the legal issues involving LGBT individuals’ rights around the world reviews the latest rulings, such as the adoption of minors by homosexual or bisexual parents, the legal acceptance of marriage between same-sex couples, whether the gender-reassigned can be legally considered their true gender identity, and much, much more. Sexuality and Human Rights: A Global Overview illustrates the journey our worldwide legal systems have traveled, and the path stretching before them, until the destination of equality and acceptance in sexuality may finally be reached. Well-referenced, comprehensive, and yet accessible to the general reader, this book provides a crucial, provocative look at just what basic sexual human rights means in today’s laws. Some of the topics of Sexuality and Human Rights: A Global Overview include: perspectives and objectives to challenge discrimination sexuality and international human rights law sexuality and human rights in Australian law transsexuals issues in European human rights law sexual orientation and gender identity legal issues in North America the present state of sexuality and human rights in European law the Asian legal perspective on sexuality and human rights laws pertaining to sexual identity issues Sexuality and Human Rights: A Global Overview is a vital reference source for law educators, law students, gay rights activists, and law reformers.




Sexual Orientation and Human Rights in American Religious Discourse


Book Description

Sexual orientation is a topic of intense debate within America's religious traditions. These discussions have had a significant impact on the formation of public policy, as speakers who locate themselves squarely within religious traditions have articulated positions on both sides in recent arguments concerning gays in the military, civil rights protections for gays and lesbians, gay marriage, parenting and foster parenting, and benefits for partners of gay and lesbian employees of major corporations and institutions. This volume, which stems from a 1995 conference at Brown University, aims to promote both academic and public understanding of the different positions that exist on sexual orientation and its public policy dimensions within four major American religious traditions. Writers from within the Jewish community, the Roman Catholic church, Mainline Protestant churches, and African-American churches explore the history and tradition of their communities on same-sex orientation, discuss the moral stance they advocate, and consider the legal and public policy implications of that stance. For each of these traditions, two opposing views are represented, and a respondent frames the issue in a larger context. The book concludes with essays by Michael McConnell and Andrew Koppelman exploring how our society might find a modus vivendi in a state position of neutrality on the moral status of homosexuality. This book will appeal to a broad range of readers interested in these crucial issues, and in the role the religious communities play in these debates, while helping to foster the climate for a more reasoned and civil dialogue.




Sexual Minorities and Politics


Book Description

The political representation and involvement of sexual minorities in the United States has been highly contested and fiercely debated. As recent legislative and judicial victories create inroads towards equality for this growing population, members and advocates of these minorities navigate evolving political and legal systems while continuing to fight against societal and institutional resistance. Sexual Minorities and Politics is the first textbook to provide students with an up-to-date, thorough, and comprehensive overview of the historical, political, and legal status of sexual and gender minorities. Skillfully synthesizing the research of political scientists, political theorists, and historians, Jason Pierceson describes the history of the LGBT rights movement, chronicles the building of political and legal movements and the responses to them, examines philosophical debates within and about the movement, and assesses the current state of the politics and policies concerning sexual minorities.In addition to carefully structured analyses and contextual explanations, the text provides lists of key terms and discussion questions in each chapter to aid student comprehension and fuel classroom debate.




The Limits to Union


Book Description

Revised and updated to include the most current information on same-sex marriage, The Limits to Union documents a legal struggle at its moment of greatest historical importance. "The Limits to Union is a superb book about the complexities of recent political struggles over same-sex marriage. Goldberg-Hiller offers a sophisticated account of egalitarian rights advocacy and the reaction it has generated from established majorities animated by a 'new common sense' of exclusionary sovereign authority. The author's analysis is multidimensional and nuanced, but the core argument is bold, important, and well-supported. I recommend it very highly to everyone interested in understanding the character, possibilities, and constraints of civil rights amid our contemporary culture wars." -Michael McCann, author of Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization "In this excellent book, Goldberg-Hiller uses Hawaii's experience to examine the interaction between courts and the political system. . . . Relying on briefs, legislative statements, and interviews with activists from both sides of the question, he views this familiar debate . . . through the unfamiliar prism of gay marriage, which allows him to gauge the viability and the pliability of the American civil rights ideal, and how gay and lesbian issues fit (or don't fit) within that ideal." -Willian Heinzen, New York Law Journal "Goldberg-Hiller presents the history of the same-sex marriage question since it first sparked debate in Hawaii. He follows the shifting debate through court cases, state propositions, and state and federal legislatures, considering questions about the constitutionality of the Defense of Marriage Act and the concept of equal protection under the law for gays and lesbians. This detailed treatment of the legal issues surrounding same-sex marriages is highly recommended." -R. L. Abbott, University of Evansville "[A] valuable contribution to the field, situating the gay marriage debate in broader contexts of theory, law and practice. [S]ame-sex marriage is an important issue...that finds itself caught in the friction points of much larger debates over the nature of rights, the limits of sovereignty and the proper role of courts and law in a democratic society. The Limits to Union should therefore be of interest even to those who do not think of themselves as interested in gay and lesbian rights issues." -Evan Gerstmann, Loyola Marymount University, Law and Politics Book Review




Same-Sex Relationships, Law and Social Change


Book Description

This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.




Constitutional Courts, Gay Rights and Sexual Orientation Equality


Book Description

In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.







Sexuality and Citizenship


Book Description

Sexual citizenship has become a key concept in the social sciences. It describes the rights and responsibilities of citizens in sexual and intimate life, including debates over equal marriage and women's human rights, as well as shaping thinking about citizenship more generally. But what does it mean in a continually changing political landscape of gender and sexuality? In this timely intervention, Diane Richardson examines the normative underpinnings and varied critiques of sexual citizenship, asking what they mean for its future conceptual and empirical development, as well as for political activism. Clearly written, the book shows how the field of sexuality and citizenship connects to a range of important areas of debate including understandings of nationalism, identity, neoliberalism, equality, governmentality, individualization, colonialism, human rights, globalization and economic justice. Ultimately this book calls for a critical rethink of sexual citizenship. Illustrating her argument with examples drawn from across the globe, Richardson contends that this is essential if scholars want to understand the sexual politics that made the field of sexuality and citizenship studies what it is today, and to enable future analyses of the sexual inequalities that continue to mark the global order.




Global Perspectives on the LGBT Community and Non-Discrimination


Book Description

In at least seventy-one countries in the world, there are national laws that criminalize same-sex relationships between consenting adults. In at least nine countries around the globe, national laws target and criminalize transgender and gender non-conforming persons. In some jurisdictions, the penalty for identifying as a part of the LGBT community is death. The debate in jurisdictions where being an LGBT person is a crime is typically that same-sex sexual relationships are “unnatural.” In jurisdictions where anti-gay laws persist, the rights of LGBT persons are not considered as human rights, and the rationale for criminalizing same-sex sexual activity is that it is “immoral” and “sinful.” Global Perspectives on the LGBT Community and Non-Discrimination offers perspectives on the rights of sexual minorities and discrimination. In several countries, consensual sexual activity in private amongst adults of the same gender is still criminalized. This book seeks to examine the social, cultural, religious, and political issues that influence anti-gay laws in juxtaposition with the need to protect the rights of the LGBT community. Covering topics such as LGBT child adoption rights, minority stress, and freedom from discrimination, this premier reference source is a dynamic resource for sociologists, anthropologists, government officials, policymakers, lawmakers, human rights advocates, non-profit organizations, libraries, students and faculty of higher education, researchers, and academicians.