Same-Sex Marriage, Same-Sex Cohabitation, and Same-Sex Families Around the World: Why “Same” is so Different?

This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed. Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights to same sex couples, making them visible to society. While there are still countries that criminalize sexual relations among two consenting adults of the same sex, other countries are allowing same sex couples to marry and form a family. Between those two poles, many countries have moved or are moving from total rejection of same sex relationships to acceptance of some sort. At the center of this debate is the role of marriage. While some scholars claim that marriage is essentially heterosexual and the basis for societal structure, others consider the exclusion of same sex couples from marriage unfair discrimination

General Report on Same-Sex Marriage around the World

https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1151/thumbnail.jp

General Report on Same-Sex Marriage around the World

https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1151/thumbnail.jp

Transforming Family Law Through Same-Sex Marriage: Lessons from (and to) the Western World

Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries have based their decisions to grant same-sex marriage on reasons of equality, autonomy and dignity; 4. relatively few courts have based their decisions on an idealist conception of marriage. Decisions on equality/autonomy/dignity have the potential to shift the family law paradigm from a marriage-centered model to one based on equality and autonomy where different types of families are valued. Decisions based on the value of marriage reinforce the marriage paradigm in family law, conforming to a system that marginalizes most families

Same-Sex Marriage, Same-Sex Cohabitation, and Same-Sex Families Around the World: Why ‘Same’ is so Different?

This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed. Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights to same sex couples, making them visible to society. While there are still countries that criminalize sexual relations among two consenting adults of the same sex, other countries are allowing same sex couples to marry and form a family. Between those two poles, many countries have moved or are moving from total rejection of same sex relationships to acceptance of some sort. At the center of this debate is the role of marriage. While some scholars claim that marriage is essentially heterosexual and the basis for societal structure, others consider the exclusion of same sex couples from marriage unfair discrimination