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Constitutional Courts, Gay Rights and Sexual Orientation Equality

2017-05-04 Law
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Release : 2017-05-04
Genre : Law
Kind : eBook
Book Rating : 44X/5 ( reviews)

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Book Synopsis Constitutional Courts, Gay Rights and Sexual Orientation Equality by : Angioletta Sperti

Download or read book Constitutional Courts, Gay Rights and Sexual Orientation Equality written by Angioletta Sperti. This book was released on 2017-05-04. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Gay Rights and American Law

2003-06-09 Law
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Release : 2003-06-09
Genre : Law
Kind : eBook
Book Rating : 140/5 ( reviews)

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Book Synopsis Gay Rights and American Law by : Daniel R. Pinello

Download or read book Gay Rights and American Law written by Daniel R. Pinello. This book was released on 2003-06-09. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents

Religious Freedom and Gay Rights

2016-05-31 Political Science
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Release : 2016-05-31
Genre : Political Science
Kind : eBook
Book Rating : 624/5 ( reviews)

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Book Synopsis Religious Freedom and Gay Rights by : Jack Friedman

Download or read book Religious Freedom and Gay Rights written by Jack Friedman. This book was released on 2016-05-31. Available in PDF, EPUB and Kindle. Book excerpt: In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.

The Long Arc of Justice

2007-05 Law
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Release : 2007-05
Genre : Law
Kind : eBook
Book Rating : 211/5 ( reviews)

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Book Synopsis The Long Arc of Justice by : Richard Mohr

Download or read book The Long Arc of Justice written by Richard Mohr. This book was released on 2007-05. Available in PDF, EPUB and Kindle. Book excerpt: Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.

Homosexuality in the Jurisprudence of the Supreme Court of India

2017-04-07 Law
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Release : 2017-04-07
Genre : Law
Kind : eBook
Book Rating : 352/5 ( reviews)

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Book Synopsis Homosexuality in the Jurisprudence of the Supreme Court of India by : Yeshwant Naik

Download or read book Homosexuality in the Jurisprudence of the Supreme Court of India written by Yeshwant Naik. This book was released on 2017-04-07. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.

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