Right To Marriage Of Sexual Minorities A Human Right Perspective

Book deals with the Human Rights issues of the sexual minorities in particular their right to marriage. Discrimination from the main stream society is one of the main issues faced by the LGBTQ+ community. At present only 29 countries around the world have recognized the right to marriage of sexual minorities and Asian countries like India has not recognized this right. Individuals should be given right to self determination of their gender identity. Same as discrimination on the basis of race and color, discrimination on the basis of sexuality is also a human right violation which is recognized by the international community. Law is not a panacea for the entire issues faced by the LGBTQ+ community, the attitude of the society should be changed to accommodate the discriminated peoples like transgenders and other LGBTQ+ .

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

The diverse expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Prop 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. Several chapters also contest the perceived if not actual establishment in the law and public policy of heterosexist and religious bias that continues to work against full and meaningful inclusion of sexual minorities. This bias is ironically and improperly couched in the language of American political and religious values, and it misunderstands the nation's core principles, or willfully miscasts them as inapplicable to many Americans and their families. Nonetheless, this bias is pervasive in the nation's political discourse, working to deny an important right and the recognition of equality to many citizens. The main contribution ofMoral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse_such as governmental neutrality, the right to marry, and religious freedom_are presented and cast in the light of liberal-democratic theory.

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.

This curriculum is intended to further thoughtful examination and responsible action among high school students about lesbian, gay, bisexual, and transgender (LGBT) issues. Unlike other curricula this discussion is not in the context of civil or political rights but in the broader context of human rights. These rights, as defined in the Universal Declaration of Human Rights, include, among others, the right to education, identity, security, assembly, expression, employment, health, and family--all relevant to the current discussion of LGBT rights. The activities in the curriculum promote appropriate action in addition to reflection and discussion. Students are asked to take responsibility for the homophobia that causes human rights abuses. The curriculum aims to prepare students for responding in meaningful ways to such abuses. It is divided into the following parts: "Part 1: Introduction"; "Part 2: Activities" contains: (1) "Words Really Matter: Examining Language at School"; (2) "Are Gay Rights Special? What Does the Universal Declaration of Human Rights Say?"; (3) "What If Things Were Different: Charting the Effects of Change"; (4) "Is It a Crime To Be Gay? Debating Tolerance in a New Democracy"; (5) "What Must Be Done To Achieve Equality? Evaluating Different Approaches"; (6) "I Now Pronounce You...Same-Sex Marriage Legislation"; (7) "Youth Dealing with Homophobia: Stories from Real Life"; (8) "Rights Abuses around the World: What Can We Do?"; and (9) "Taking the Human Rights Temperatures of Your School"; and "Part 3: Appendices" contains: "The Universal Declaration of Human Rights" and "Resources." (Contains a resource list of 30 books, 12 videos, and 11 Web sites.) (BT)

Master's Thesis from the year 2004 in the subject Politics - Topic: Public International Law and Human Rights, grade: 9,0, University of Lisbon (Faculty of Law Ius Gentium, University of Coimbra), course: European Master's Programme in Human Rights and Democratisation, language: English, abstract: Over recent years, sexual minorities have growingly gained attention in the human rights discourse. This attention focuses on the de-criminalisation and anti-discrimination of lesbians, gays and others. However, states and human rights instruments remain unwilling to view those belonging to these newly established minorities in their complexity as social individuals and citizens. This makes it very difficult for sexual minorities to do things considered quite “normal” and essential for others, such as living a family life and raising children. Raising the topic of same-sex families within a human rights discourse remains highly controversial. “Family,” however, is more than a benevolent luxurious minority topic in modern welfare states. The human family constitutes the foundation of the human rights regime and as such is a fundamental cross-sectional institution and mechanism within liberal-democratic societies. Denying lesbians and gays the moral capacity of taking responsibility for partners and children, assigns them an inferior second-class status in society. Framing this distinction with categorical justifications by according them a special minority status, only supports hierarchical distinctions. It needs to be questioned, whether a specific heteronormative life-long man-wife conception of partnership can serve as the (universal) standard for marriage, family and the conception of a “good citizen” and fully recognised member of society or whether it is not this concept of “normality” that needs to be questioned rather than the assumed specificities of excluded “others.”

This volume focuses on the rights of minorities. Minorities are often subject to discrimination and individuals find themselves being rejected by the majority. In such cases, people belonging to a minority suffer through hostile situations. Minorities discussed in this book are defined in terms of cultural groups, migrants, displaced persons, sexual minorities (sexual identity). As with the previous volume, readers are informed about the concept of human rights, as an instrument through which civil society tries to eliminate the hostility and suffering of minorities and restores a situation of normality. Minorities must also accept that a democratic society is governed by majority rule and the Rule of Law. The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity discusses four types of minorities: cultural groups, migrants, displaced persons, sexual minorities, and policy on minorities. The book is a detailed reference for graduates and scholars in law, human rights activism, political science, sociology and social psychology. The volume is also recommended for working professionals who operate with human rights groups and general readers (non-experts) who want to understand the discourse about human rights in a holistic (moral, legal, social, economic, and political) framework.

Sexual citizenship has become a key concept in the social sciences. It describes the rights and responsibilities of citizens in sexual and intimate life, including debates over equal marriage and women's human rights, as well as shaping thinking about citizenship more generally. But what does it mean in a continually changing political landscape of gender and sexuality? In this timely intervention, Diane Richardson examines the normative underpinnings and varied critiques of sexual citizenship, asking what they mean for its future conceptual and empirical development, as well as for political activism. Clearly written, the book shows how the field of sexuality and citizenship connects to a range of important areas of debate including understandings of nationalism, identity, neoliberalism, equality, governmentality, individualization, colonialism, human rights, globalization and economic justice. Ultimately this book calls for a critical rethink of sexual citizenship. Illustrating her argument with examples drawn from across the globe, Richardson contends that this is essential if scholars want to understand the sexual politics that made the field of sexuality and citizenship studies what it is today, and to enable future analyses of the sexual inequalities that continue to mark the global order.

In this book, Susan Gluck Mezey examines LGBT policymaking over the last several decades, highlighting advances in LGBT rights as well as formidable challenges that still confront the LGBT community. With an emphasis on courts, she traces developments in the struggles for LGBT rights in the United States and abroad. The chapters focus on employment discrimination, transgender rights, marriage equality, and the ongoing battles over discrimination against same-sex couples and transgender persons in education, employment, and public accommodations. It also adds a global perspective by appraising issues affecting LGBT rights in other parts of the world, discussing claims of discrimination in the Canadian and South African courts as well as in the European Court of Human Rights. Mezey provides a succinct and accessible guide to the debates over sexual orientation and gender identity, evaluating the roles played by state and federal courts, legislatures, and chief executives in formulating and implementing LGBT policy. Suitable as an up-to-date resource for anyone interested in LGBT rights, Beyond Marriage will also help students in upper-level classes focusing on judicial politics, public policymaking, family law, civil rights, gender policy, and minority group politics understand ways forward for the LGBT community in the political realm.