Equality for Same-Sex Couples
The Legal Recognition of Gay Partnerships in Europe and the United States
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Equality for Same-Sex Couples
The Legal Recognition of Gay Partnerships in Europe and the United States
About This Book
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.
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Table of contents
- Contents
- List of Tables
- Acknowledgments
- 1. Introduction
- 2. The Changing Institution of Marriage and the Exclusion of Same-Sex Couples
- 3. Registered Partnerships in the Nordic Countries
- 4. Same-Sex Partnerships in the Netherlands
- 5. Recognition of Same-Sex Partnerships in Other European Countries
- 6. The Cohabitation Model
- 7. Same-Sex Partnerships in the United States
- 8. Contrasts between the Models of Recognition and the Status of Same-Sex Partnerships in the United States and Northern Europe
- 9. Domestic Partnership, Registered Partnership, and Marriage
- 10. Alternatives to Marriage and the Doctrine of ââSeparate but Equalââ
- 11. The Feasibility of Opening Up Marriage to Same-Sex Couples
- 12. Conclusion
- Appendix A: European Same-Sex Legislation in Translation
- Appendix B: Developments in the United Kingdom, Israel, South Africa, and Brazil
- Bibliography
- Index