On Same-Sex Marriage, Civil Unions, and the Rule of Law

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 : 031301423X
Total Pages : 208 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis On Same-Sex Marriage, Civil Unions, and the Rule of Law by : Mark Strasser

Download or read book On Same-Sex Marriage, Civil Unions, and the Rule of Law written by Mark Strasser and published by Bloomsbury Publishing USA. This book was released on 2002-10-30 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner. Discussing the constitutional implications of civil unions with a special focus on how they might be treated in the interstate context, Strasser explains how the courts and commentators have reworked and significantly weakened a variety of constitutional protections in their attempts to establish that same-sex couples are not afforded constitutional protections. He further suggests that the constitutional protections for religion support rather than undermine the constitutional protection of same-sex unions.

The Limits to Union

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Publisher : University of Michigan Press
ISBN 13 : 0472022741
Total Pages : 301 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Limits to Union by : Jonathan Goldberg-Hiller

Download or read book The Limits to Union written by Jonathan Goldberg-Hiller and published by University of Michigan Press. This book was released on 2009-12-22 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Marriage and the Constitution

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Publisher : Cambridge University Press
ISBN 13 : 1316802760
Total Pages : 239 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Same-Sex Marriage and the Constitution by : Evan Gerstmann

Download or read book Same-Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2017-06-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

Same-Sex Marriage and the Constitution

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Publisher : Cambridge University Press
ISBN 13 : 1107174295
Total Pages : 239 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Same-Sex Marriage and the Constitution by : Evan Gerstmann

Download or read book Same-Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2017-06-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Beyond (Straight and Gay) Marriage

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Publisher : Beacon Press
ISBN 13 : 0807044342
Total Pages : 351 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Beyond (Straight and Gay) Marriage by : Nancy D. Polikoff

Download or read book Beyond (Straight and Gay) Marriage written by Nancy D. Polikoff and published by Beacon Press. This book was released on 2008-02-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over marriage equality for same-sex couples rages across the country. Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing. Polikoff reframes the debate by arguing that all family relationships and households need the economic stability and emotional peace of mind that now extend only to married couples. Unmarried couples of any sexual orientation, single-parent households, extended family units, and myriad other familial configurations need recognition and protection to meet the concerns they all share: building and sustaining economic and emotional interdependence, and nurturing the next generation. Couples should have the choice to marry based on the spiritual, cultural, or religious meaning of marriage in their lives, asserts Polikoff. While marriage equality for same-sex couples is a civil rights victory, she contends that no one should have to marry in order to reap specific and unique legal results. A persuasive argument that married couples should not receive special rights denied to other families, Polikoff shows how the law can value all families, and why it must.

Making It Legal

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Publisher : Nolo
ISBN 13 : 1413325106
Total Pages : 250 pages
Book Rating : 4.4/5 (133 download)

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Book Synopsis Making It Legal by : Frederick Hertz

Download or read book Making It Legal written by Frederick Hertz and published by Nolo. This book was released on 2018-04-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marriage equality is here to stay: Understand the benefits and complications Full legal marriage is now available in all U.S. states. But there are still many questions that same-sex couples should discuss before walking down the aisle. Learn how marriage will affect: your family if you have children your taxes, and your responsibility for your partner’s debts. Making It Legal also covers state laws on same-sex domestic partnerships and civil unions, and explains whether your registration will be recognized if you move to another state.

Equality Practice

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Publisher : Routledge
ISBN 13 : 1135313725
Total Pages : 297 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Equality Practice by : William N. Eskridge, Jr.

Download or read book Equality Practice written by William N. Eskridge, Jr. and published by Routledge. This book was released on 2013-10-18 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Eskridge, a Yale law professor chronicles the Vermont law which legalised civil unions - distinct from marriage - for same sex couples.

Marriage and Same-Sex Unions

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313016224
Total Pages : 409 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Marriage and Same-Sex Unions by : Lynn D. Wardle

Download or read book Marriage and Same-Sex Unions written by Lynn D. Wardle and published by Bloomsbury Publishing USA. This book was released on 2003-04-30 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exemplifies the high quality of thoughtful discussion and debate that is possible on the issue of same-sex marriage. Authors are paired to address and respond to a particular topic, one in favor of state recognition of same-sex relationships, and one in favor of limiting state recognition to those relationships that have been traditionally recognized as marriages. Proposals to legalize same-sex marriage evoke strong response from those on both sides of the debate. Much has been written about the legal policy issues over the legal recognition of same-sex unions in the United States, yet there has been little dialogue and exchange between participants in the debate. This book attempts to open that dialogue, and to exemplify the high quality of thoughtful discussion and debate that is possible. Authors are paired to address and respond to a particular topic, one in favor of state recognition of same-sex relationships and one in favor of limiting state recognition to those relationships that have been traditionally recognized as marriages. This ideal introduction is designed to lead the reader through the relevant issues, progressing from the general to the particular. Debates are contextualized, offering comparative, historical, and family-policy perspectives, asking fundamental questions such as what is the purpose of a family, and what interests, if any, that state has in promoting a particular type of family over others. Issues of jurisprudence and political philosophy are examined, addressing the public benefits of marriage and equal treatment before the law, among other items. The constitutionality of same-sex marriage or domestic partnership policies is explored. Finally, this book covers the broad implications when states—such as Vermont—legally recognize same-sex unions, and the impact of international recognition of same-sex marriage rights.

The Long Arc of Justice

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Publisher : Columbia University Press
ISBN 13 : 0231135211
Total Pages : 157 pages
Book Rating : 4.2/5 (311 download)

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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 and published by Columbia University Press. This book was released on 2007-05 with total page 157 pages. 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.

Same Sex Couples - Comparative Insights on Marriage and Cohabitation

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Publisher : Springer
ISBN 13 : 9401797749
Total Pages : 215 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Same Sex Couples - Comparative Insights on Marriage and Cohabitation by : Macarena Sáez

Download or read book Same Sex Couples - Comparative Insights on Marriage and Cohabitation written by Macarena Sáez and published by Springer. This book was released on 2015-05-06 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.

Marriage Equality

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Publisher : Yale University Press
ISBN 13 : 0300221819
Total Pages : 1041 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Marriage Equality by : William N. Eskridge, Jr.

Download or read book Marriage Equality written by William N. Eskridge, Jr. and published by Yale University Press. This book was released on 2020-08-18 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.

Same-Sex Relationships, Law and Social Change

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Publisher : Routledge
ISBN 13 : 0429664443
Total Pages : 280 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Same-Sex Relationships, Law and Social Change by : Frances Hamilton

Download or read book Same-Sex Relationships, Law and Social Change written by Frances Hamilton and published by Routledge. This book was released on 2020-01-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Equality, Dignity, and Same-Sex Marriage

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Publisher : BRILL
ISBN 13 : 9047441613
Total Pages : 282 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Equality, Dignity, and Same-Sex Marriage by : Man Yee Karen Lee

Download or read book Equality, Dignity, and Same-Sex Marriage written by Man Yee Karen Lee and published by BRILL. This book was released on 2010-04-06 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the concepts of equality and dignity under same-sex marriage jurisprudence. Having surveyed the multinational developments of same-sex marriage and arguments from proponents and opponents, the writer studies the two concepts with an aim to revealing their inadequacies as grounds for contentious rights claims such as same-sex marriage. To truly live up to the spirit of equality and equal dignity, the writer argues that the seemingly uncompromising disagreement over the issue requires people to explore common ground to make room for deliberation. It also requires the disagreeing parties to acknowledge that their disagreement is about the best interpretation of fundamental values that everyone shares, and not confrontation between conflicting worldviews neither of which is comprehensible to the other.

Same-sex Marriage in the United States

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Publisher : Rowman & Littlefield
ISBN 13 : 1442212055
Total Pages : 267 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Same-sex Marriage in the United States by : Jason Pierceson

Download or read book Same-sex Marriage in the United States written by Jason Pierceson and published by Rowman & Littlefield. This book was released on 2014 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Same-sex marriage has become one of the defining social issues in contemporary U.S. politics. State court decisions finding in favor of same-sex relationship equality claims have been central to the issue's ascent from nowhere to near the top of the national political agenda. Same Sex Marriage in the United States tells the story of the legal and cultural shift, its backlash, and how it has evolved over the past 15 years. This book aids in a classroom examination of the legal, political, and social developments surrounding the issue of same-sex marriage in the United States. While books about same-sex marriage have proliferated in recent years, few, if any, have provided a clear and comprehensive account of the litigation for same-sex marriage, and its successes and failures, as this book does. Updated through 2013, this edition details the watershed rulings in favor of same-sex marriage: the Supreme Court's June 26th repeal of DOMA, and of Proposition 8 in California, as well as the many states (New Jersey, Illinois, New Mexico, Hawaii, and Nevada among others) where activists and public leaders have made recent strides to ensure that gay couples have an equal right to marry.

Defending Same-Sex Marriage

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313054215
Total Pages : 887 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Defending Same-Sex Marriage by : Martin Dupuis

Download or read book Defending Same-Sex Marriage written by Martin Dupuis and published by Bloomsbury Publishing USA. This book was released on 2006-12-30 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today we find ourselves at a crossroads of two powerful, unrelenting currents that are completely at odds with one another. The movement for legal recognition of same-sex unions has gone beyond the separate but equal status of civil unions to demand equality in marriage for all couples. Progress is being made on many fronts: mayoral action, clergy officiating at same-sex marriage and union ceremonies, state legislative responses, and street protests, to name a few. Meanwhile, opposition to same-sex marriage has also been gathering strength. The struggle is sure to continue unabated for some time to come, pitting those who believe in the traditional definition of marriage as a union between a man and a woman—and who seek to codify this belief in the U.S. Constitution—against those who find the basis for marriage between two loving, committed individuals not only in the history of our civil rights legislation and court decisions, but also in scripture and sacred religious traditions. Those who believe in extending to same-sex couples the 1,049 rights conferred by marriage as well as the supportive embrace of religious communities seek to strengthen the institution of marriage by making it inclusive and by passing laws and broadening doctrines to uphold marriage rights for all couples. This three-volume set clarifies the legal, political, religious, cultural, and social ramifications of same-sex marriage for gay and lesbian couples and their families and friends, and for the general public interested in the future of civil rights in the United States.

Marriage Rights and Gay Rights

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Author :
Publisher : The Rosen Publishing Group, Inc
ISBN 13 : 1477775145
Total Pages : 114 pages
Book Rating : 4.4/5 (777 download)

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Book Synopsis Marriage Rights and Gay Rights by : Barbara Gottfried Hollander

Download or read book Marriage Rights and Gay Rights written by Barbara Gottfried Hollander and published by The Rosen Publishing Group, Inc. This book was released on 2014-07-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: One would think that by now the issue of marriage and the simple right for two people who love one another to be together would be settled. Even in the 21st century, people ask, "What is marriage?" Although the word "marriage" isn't even mentioned in the Constitution, readers will learn why this issue has been a subject of debate for years, whether for interracial or same-sex couples. Primary source documents, quotes, and explanations of Supreme Court rulings help set the scene and tell the evolving tale of equality for marriage rights in the United States.

Same-Sex Couples before National, Supranational and International Jurisdictions

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642354343
Total Pages : 581 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Same-Sex Couples before National, Supranational and International Jurisdictions by : Daniele Gallo

Download or read book Same-Sex Couples before National, Supranational and International Jurisdictions written by Daniele Gallo and published by Springer Science & Business Media. This book was released on 2013-12-02 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.