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.
Table of Contents
Introduction - Frances Hamilton, Senior Lecturer, Northumbria University.
Part 1: The Role of the European Court of Human Rights and the European
Union in Relation to the Treatment of Same-Sex Couples’ Relationships:
Chapter 1: ‘The Potential of European Union Law to Further Advance LGBTQ+ Persons and Same-Sex Couples’ Rights and the Resulting Consequence of Brexit.’
Frances Hamilton, Senior Lecturer, Northumbria University.
Chapter 2:’ The European Approach to Recognising, Downgrading, and Erasing Same-Sex Marriages Celebrated Abroad’
Dr Guido Noto La Diega, Senior Lecturer, Northumbria University.
Chapter 3: ‘Harmonisation of Choice of Law Rules on Same-Sex Marriage: An International Perspective.’
Dr Lauren Clayton-Helm, Senior Lecturer, Northumbria University.
Part 2: Differing Paths Towards Legalisation of Same-Sex Marriage:
Chapter 4: ‘Marriage Equality via Referendum in Ireland: A Politically Opportune Route to Recognition?’
Dr Brian Tobin, Lecturer, NUI Galway, Republic of Ireland,
Chapter 5: ‘The Aftermath of Marriage Equality in Australia: Religious Freedom and LGBTQ+ Non-Discrimination.’
Dr Louise Richardson Self, Lecturer in Philosophy and Gender Studies, University of Tasmania, Dr Bronwyn Fielder, Postdoctoral Research, University of Tasmania and Professor Douglas Ezzy, Professor of Sociology, University of Tasmania.
Chapter 6: ‘The role of Constitutional Courts in Promoting Marriage Equality and their Relationship with Movements and Legislators.’
Professor Angioletta Sperti, Associate Professor, University of Pisa.
Part 3: Rainbow Families:
Chapter 7: ‘The European Court of Human Rights and the Notion of Family Life: A Common European Standard for the EU Framework.’
Dr Alexander Schuster, Verona University.
Chapter 8: ‘EU law and the right of Rainbow Families to move freely between EU Member States’
Prof Alina Tryfonidou, Professor of Law, Reading University.
Chapter 9: ‘Same-Sex Relationships and the Child Law Perspectives: Another Child Protection Concern or Simply Another Way of Creating the Modern Family?’
Dr Frances Burton, Senior Lecturer in Law, Buckingham University.
Part 4: The Importance of Civil Partnership in an era of Same-Sex Marriage:
Chapter 10: ‘Relationships with Status: Civil Partnership in an Era of Same-Sex Marriage.’
Dr Andy Hayward, Associate Professor, Durham University.
Chapter 11: ‘The Hierarchy of Marriage and Civil Partnerships: Diversifying Relationship Recognition.’
Alexander Maine, Lecturer in Law, University of Leicester.
Part 5: The Heteronormative Underpinnings of Same-Sex Marriage:
Chapter 12: ‘Repackaged Goods? Interrogating the Heteronormative Underpinnings of Marriage.’
Dr Fergus Ryan, Associate Professor in Law, NUI Maynooth.
Part 6: Consideration of the Necessity of both Social and Legal Change and the Inter-Action between them:
Chapter 13: ‘Why Legal Equality is Not Enough: The Case of Domestic Violence and Abuse in the Relationships of LGBTQ+ people.’
Professor Catherine Donovan, Professor of Sociology, Durham University.
Chapter 14: ‘Incrementalism in Same-Sex Marriage Legalisation.’
Assistant Professor Erez Aloni, Peter A. Allard School of Law, The University of British Columbia.
Conclusions Frances Hamilton, Senior Lecturer, Northumbria University.
Frances Hamilton is Senior Lecturer in Law and Guido Noto La Diega is Senior Lecturer in Law, both at Northumbria University