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Author:   Robert Wintemute ,  Mads Andenas ,  The Hon. Justice Edwin Cameron ,  The Hon. Justice Edwin Cameron
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 4.00cm , Length: 23.40cm
Weight:   1.200kg
ISBN:  

9781841131382

ISBN 10:   1841131385
Pages:   790
Publication Date:   23 October 2001
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Introduction Robert Wintemute, Reader, School of Law, King’s College, University of London 1. Same-Sex Relationships: An Australian Perspective on a Global Issue The Hon. Justice Michael Kirby AC CMG, High Court of Australia PART I THEORETICAL PERSPECTIVES Introduction: Theoretical Perspectives David AJ Richards, Professor, School of Law, New York University 2. Same-Sex Partnerships and Arguments of Justice Nicholas Bamforth, Fellow, Queen’s College, University of Oxford 3. The Limitations of Liberal Neutrality Arguments in Favour of Same-Sex Marriage Chai R Feldblum, Professor, Georgetown University Law Center 4. Like Counting Stars? Re-Structuring Equality and the Socio-Legal Space of Same-Sex Marriage Davina Cooper, Professor, School of Law, Keele University 5. Recognition, Rights, Regulation, Normalisation: Rhetorics of Justification in the Same-Sex Marriage Debate Janet Halley, Professor, Harvard Law School 6. The Ideological Structure of the Same-Sex Marriage Debate (And Some Postmodern Arguments for Same-Sex Marriage) William N Eskridge, Jr., Professor, Yale Law School PART II NATIONAL LAW Section A—United States 7. Legal Recognition of Same-Sex Partners Under US State or Local Law Arthur S Leonard, Professor, New York Law School 8. Lesbian and Gay Couples Raising Children: The Law in the United States Nancy D Polikoff, Professor, Washington College of Law, American University 9. The Hawaii Marriage Case Launches the US Freedom-to-Marry Movement for Equality Evan Wolfson, Freedom to Marry Project, New York (formerly Marriage Project Director, Lambda Legal Defense and Education Fund, New York) 10. The Freedom to Marry for Same-Sex Couples in the United States of America Mary L Bonauto, Civil Rights Director, Gay and Lesbian Advocates and Defenders, Boston Section B—Canada Introduction: Same-Sex Partnerships in Canada The Hon. Justice Claire L’Heureux-Dubé, Supreme Court of Canada 11. Any Two Persons in Canada’s Lotusland, British Columbia Donald G Casswell, Professor, Faculty of Law, University of Victoria 12. Becoming “Persons” in Canadian Law: Genuine Equality or “Separate But Equal?” Kathleen A Lahey, Professor, Faculty of Law, Queen’s University Section C—Africa, Australasia and Latin America 13. Politics, Partnership Rights and the Constitution in South Africa . . . (and the Problem of Sexual Identity) Craig Lind, Lecturer, School of Legal Studies, University of Sussex 14. Let Them Eat Cake, and Ice Cream: Wanting Something “More” from the Relationship Recognition Menu Jenni Millbank, Senior Lecturer, Faculty of Law, University of Sydney Wayne Morgan, Senior Lecturer, Faculty of Law, Australian National University 15. The New Zealand Same-Sex Marriage Case: From Aotearoa to the United Nations Nigel Christie, Ph.D. Candidate, School of Law, University of Waikato 16. Brazil’s Proposed “Civil Unions Between Persons of the Same Sex”: Legislative Inaction and Judicial Reactions Marcelo Dealtry Turra, Adjunct Professor of Law, Universidade Candido Mendes, Rio de Janeiro Section D—Asia and the Middle East 17. Towards Legal Protection for Same-Sex Partnerships in Japan: From the Perspective of Gay and Lesbian Identity Akitoshi Yanagihashi, Legal Director, Japan Association for the Lesbian and Gay Movement (OCCUR), Tokyo 18. Contextualising the Same-Sex Erotic Relationship: Post-Colonial Tongzhi and Political Discourse on Marriage Law in Hong Kong and Mainland China Chiu Man-Chung (Andy Chiu), Assistant Professor, School of Law, City University of Hong Kong 19. Same-Sex Partnerships and Indian Law: Climate for a Change Poonam Saxena, Associate Professor, Faculty of Law, University of Delhi 20. Challenges to Compulsory Heterosexuality: Recognition and Non-Recognition of Same-Sex Couples in Israeli Law Aeyal M. Gross, Lecturer, Faculty of Law, Tel-Aviv University Section E—Europe 21. The Danish Registered Partnership Act, 1989: Has the Act Meant a Change in Attitudes? Ingrid Lund-Andersen, Associate Professor, Faculty of Law, University of Aarhus 22. “From Society’s Point of View, Cohabitation Between Two Persons of the Same Sex is a Perfectly Acceptable Form of Family Life”: A Swedish Story of Love and Legislation Hans Ytterberg, Associate Judge of Appeal and Ombudsman against Discrimination because of Sexual Orientation (HomO),Stockholm 23. Small Change: How the Road to Same-Sex Marriage Got Paved in the Netherlands Kees Waaldijk, Senior Lecturer, Faculty of Law, Universiteit Leiden 24. “Statutory Cohabitation” Under Belgian Law: A Step Towards Same-Sex Marriage? Olivier De Schutter, Professeur adjoint, Faculté de Droit, Université catholique de Louvain Anne Weyembergh, Chercheuse, Institut d’Etudes européennes, Université libre de Bruxelles 25. The “Pacte Civil de Solidarité” in France: Midway Between Marriage and Cohabitation Daniel Borrillo, Maître de conférences en droit privé, Université de Paris X (Nanterre); Centre National de la Recherche Scientifique (laboratoire CERSA, Université de Paris II (Panthéon-Assas)) 26. Spain: The Heterosexual State Refuses to Disappear Nicolás Pérez Cánovas, Professor of Civil Law, Universidad de Granada 27. The Law on Stable Unions of Couples in the Catalonia Autonomous Community of Spain Francesc Jaurena i Salas, Lawyer, Assistant to a Member of the Catalan Parliament, Barcelona 28. Italy Walking a Tightrope Between Stockholm and the Vatican: Will Legal Recognition of Same-Sex Partnerships Ever Occur? Gioia Scappucci, Ph.D. Candidate, Faculty of Laws, University College, University of London 29. At the End of the Fairy Tale, Will Heidi Stay Single? Same-Sex Partnerships in Switzerland François E Baur, Vice-Director, Legal Department, Swiss Federal Office of Culture; President, Pink Cross (Swiss Gay Federation), Bern 30. The First Will Be The Last: Legal Recognition of Same-Sex Partnerships in Austria Helmut Graupner, Lawyer; Vice-President, Austrian Society for Sex Research; President, Rechtskomitee Lambda, Vienna 31. Nice on Paper: The Aborted Liberalisation of Gay Rights in Hungary Lilla Farkas, Hungarian Helsinki Committee; Legal Defence Bureau for National and Ethnic Minorities, Budapest 32. The Legal Situation of Same-Sex Partnerships in Germany: An Overview Roland Schimmel, Lawyer, Schimmel Buhlmann, Frankfurt am Main Stefanie Heun, Legal Counsel, German Stock Exchange, Frankfurt am Main 33. From Individual Protection to Recognition of Relationships? Same-Sex Couples and the Irish Experience of Sexual Orientation Law Reform Leo Flynn, Legal Secretary, Court of Justice of the European Communities, Luxembourg (Lecturer, School of Law, King’s College, University of London) 34. Same-Sex Partnerships in English Family Law Rebecca Bailey-Harris, Professor and Dean, Faculty of Law, University of Bristol PART III EUROPEAN LAW Section A–European Community Law 35. The Miscegenation Analogy in Europe, or, Lisa Grant meets Adolf Hitler Andrew Koppelman, Associate Professor of Law and Political Science, Northwestern University 36. Towards the Recognition of Same-Sex Partners in European Union Law: Expectations Based on Trends in National Law Kees Waaldijk, Senior Lecturer, Faculty of Law, Universiteit Leiden 37. Sexual Orientation Discrimination in Employment: An Evolving Role for the European Union Mark Bell, Lecturer, Faculty of Law, University of Leicester 38. Free Movement and Same-Sex Relationships: Existing EC Law and Article 13 EC Elspeth Guild, Professor of European Migration Law, Katholieke Universiteit Nijmegen; Partner, Kingsley Napley, London Section B–European Convention on Human Rights 39. Sex: Has It Any Place in Modern Marriage? Stephen Whittle, Reader, School of Law, Manchester Metropolitan University 40. Strasbourg to the Rescue? Same-Sex Partners and Parents Under the European Convention Robert Wintemute, Reader, School of Law, King’s College, University of London PART IV INTERNATIONAL LAW 41. Will the United Nations Human Rights Committee Require Recognition of Same-Sex Marriages? Laurence R Helfer, Professor, Loyola Law School, Los Angeles 42. United Nations Human Rights Law and Same-Sex Relationships: Where to from Here? Kristen L Walker, Senior Lecturer, Faculty of Law, University of Melbourne Conclusion Robert Wintemute, Reader, School of Law, King’s College, University of London

Reviews

Das ultimate BuchDie Herausgeber, Robert Wintemute und Mads Andens, haben auf knapp 800 (!) Seiten alles, aber auch wirklich alles Wissenswerte zu diesem Thema zusammengetragen.Kurt KricklerLAMBDA - NachrichtenOctober 2001debates about the legal status of gay and lesbian relationships. It is difficult to conceive of a more thorough treatment of those debates than that provided in this book.Alan InglisFamily LawOctober 2001It is excellent, fascinating and very long.I have been very much enlightened by what I have read.the book's length makes it an invaluable comprehensive reference point. None of the individual chapters is over-long, all are interesting, well-written and clear The editor and contributors have collected together material that might otherwise be quite difficult to come by.Elizabeth Cooke, University of ReadingChild and Family Law QuarterlyOctober 2001extremely timely. It also provides an outstandingly thorough examination of the issues that inform the debate. This book is an invaluable study of the issues that arise in a debate that is currently assuming increasing importance and currency. Any reader who wishes to be informed about these questions will find no better guide.Alan InglisInternational Family LawJune 2002It is difficult to do justice to this book in a brief review, so rich is the book in information and learning, so sweeping is its scope. This book is surely one of the must-reads for anyone involved in gay and lesbian studies or with international family law. This review only begins to describe the richness of the book. Wintemute and Andenas have provided us with a work on a grand scale. Might we hope for an update of this invaluable work in a few years?Bruce MacDougall, University of British ColumbiaAdelaide Law ReviewFebruary 2003The veritable necessity for a book of this ilk is unquestionably long overdue. By providing a theoretical basis of same-sex partnership regulation, followed by in-depth national, European and international legal surveys, this book is an essential tool to all those involved in research related not only to the position of homosexuals within society, but also those involved in family law in a broader sense. In summary, the book's greatest strength lies in its ability to bring together the legal climate of some twenty-three jurisdictions, along with the activity at both the European and international level as well as providing a theoretical basis to the discussion, and in that it is an excellent book. Its objectives are clear and it achieves them in a convincing, yet stimulating manner.Ian SumnerCambridge Law JournalFebruary 2003

Das ultimate BuchDie Herausgeber, Robert Wintemute und Mads Andens, haben auf knapp 800 (!) Seiten alles, aber auch wirklich alles Wissenswerte zu diesem Thema zusammengetragen. Kurt Krickler LAMBDA - Nachrichten October 2001 ...debates about the legal status of gay and lesbian relationships. It is difficult to conceive of a more thorough treatment of those debates than that provided in this book. Alan Inglis Family Law October 2001 It is excellent, fascinating and very long. I have been very much enlightened by what I have read. the book's length makes it an invaluable comprehensive reference point. None of the individual chapters is over-long, all are interesting, well-written and clear The editor and contributors have collected together material that might otherwise be quite difficult to come by. Elizabeth Cooke, University of Reading Child and Family Law Quarterly October 2001 ...extremely timely. It also provides an outstandingly thorough examination of the issues that inform the debate. This book is an invaluable study of the issues that arise in a debate that is currently assuming increasing importance and currency. Any reader who wishes to be informed about these questions will find no better guide. Alan Inglis International Family Law June 2002 It is difficult to do justice to this book in a brief review, so rich is the book in information and learning, so sweeping is its scope. This book is surely one of the must-reads for anyone involved in gay and lesbian studies or with international family law. This review only begins to describe the richness of the book. Wintemute and Andenas have provided us with a work on a grand scale. Might we hope for an update of this invaluable work in a few years? Bruce MacDougall, University of British Columbia Adelaide Law Review February 2003 The veritable necessity for a book of this ilk is unquestionably long overdue. By providing a theoretical basis of same-sex partnership regulation, followed by in-depth national, European and international legal surveys, this book is an essential tool to all those involved in research related not only to the position of homosexuals within society, but also those involved in family law in a broader sense. In summary, the book's greatest strength lies in its ability to bring together the legal climate of some twenty-three jurisdictions, along with the activity at both the European and international level as well as providing a theoretical basis to the discussion, and in that it is an excellent book. Its objectives are clear and it achieves them in a convincing, yet stimulating manner. Ian Sumner Cambridge Law Journal February 2003

Author Information

Robert Wintemute is Professor of Human Rights Law at King's College. London. Mads Andenas is Director of the British Institute of International and Comparative Law.

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