מעודכן ל: 19.2.2024
נישואין חד מיניים
זוגות חד מיניים
same sex marriage
gay couples
Respect for Marriage Act, 2022, Pub. L. No. 117-228, 136 Stat. 2305.
זכויות הקהילה הגאה בישראל: משפט, נטייה מינית וזהות מגדרית (עינב מורגנשטרן, יניב לושינסקי ואלון הראל עורכים 2016).
ורד דשא מערכת המשפט בישראל שער ארבעה-עשר (2019).
Courtney G. Joslin, et al., Lesbian, Gay, Bisexual and Transgender Family Law (Oct. 2021), Westlaw LGFAMLAW.
American Constitutionalism, Marriage, and the Family by
This edited volume in American constitutionalism places the Supreme Court's declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court's developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court's affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court's recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.
Cross-Border Recognition Formalized Same-Sex Relationships: The Role of Ordre Public by
This book focuses on the civil status validity of formalized relationships of same-sex couples when such couples move across borders between EU Member States. The Baltic States, Estonia, Latvia, Lithuania, and Poland are used as examples of States that are less accommodating of same-sex relationships concluded abroad.
Institutionalizing Same-Sex Marriage: A Neo-Institutional Approach by
This book provides a comparative, neo-institutionalist approach to the different factors impacting state adoption of--or refusal to adopt--same-sex marriage laws. The now twenty-one countries where lesbians and gay men can legally marry include recent or longstanding democracies, republics and parliamentary monarchies, and unitary and federal states. They all reflect different positions with respect to religion and the cultural foundations of the nation. Countries opposed to such legalization, and those having taken measures in recent years to legally reinforce the heterosexual fundaments of marriage, present a similar diversity. This diversity, in a globalized context where the idea of same-sex marriage has become integral to claims for LGBTI equality and indeed LGBTI human rights, gives rise to the following question: which factors contribute to institutionalizing same-sex marriage? The analytical framework used for exploring these factors in this book is neo-institutionalism. Through three neo-institutionalist lenses--historical, sociological and discursive--contributors investigate two aspects of the processes of adoption or opposition of equal recognition of same-sex partnerships. Firstly, they reveal how claims by LGBTIQ movements are being framed politically and brought to parliamentary politics. Secondly, they explore the ways in which same-sex marriage becomes institutionalized (or resisted) through legal and societal norms and practices. Although it adopts neo-institutionalism as its main theoretical framework, the book incorporates a broad range of perspectives, including scholarship on social movements, LGBTI rights, heterosexuality and social norms, and gender and politics.
Marriage Equality: From Outlaws to In-Laws by
Winner of the 2021 ABA Silver Gavel Award: The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work." "[A] magnum opus about the political and legal path to Obergefell."--Eric Cervini, New York Times Book Review "[An] impressive survey of how far the gay rights movement has come."--Publishers Weekly 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 Marriage and the Constitution by
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.
איילת בלכר-פריגת וצבי טריגר "גירושים לכולם - המקרה של גירושים חד-מיניים כמקרה מבחן" משפט ועסקים כ"א 81 (2018).
יהודית מייזלס "זרקור: תקדים אבן-קמה - מקרה ראשון של גירושין חד מיניים בישראל" זכויות הקהילה הגאה בישראל: משפט, נטייה מינית וזהות מגדרית 343 (עינב מורגנשטרן, יניב לושינסקי ואלון הראל עורכים 2016).
Ayelet Blecher-Prigat, Same-Sex Relationships and Israeli Law, in Same Sex Couples: Comparative Insights on Marriage And Cohabitation 131, 149 (2015).
Brenda Cossman, Same-Sex Marriage beyond Charter Dialogue: Charter Cases and Contestation within Government, 69 U. TORONTO L.J 183 (2019).
Suzanne A. Kim & Edward Stein, Gender in the Context of Same-Sex Divorce and Relationship Dissolution, 56 FAM. CT. REV. 384 (2018).
מעודכן ל: 19.2.2024
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