Equality for Same-Sex Couples
The Legal Recognition of Gay Partnerships in Europe and the United States
397 pages, 4 tables 6 x 9
©
2002
Cloth $81.00
ISBN: 9780226520315
Published July 2002
Paper $30.00
ISBN: 9780226520322
Published July 2002
Acknowledgments 1. Introduction 2. The Changing Institution of Marriage and the Exclusion of Same-Sex Couples 2.1 A Few Words about the Idiosyncrasies of the Institution of Marriage and Its Ends from Ancient Greece to the Present 2.2 Current Concepts and Characteristics of Marriage Law and Cohabitation in Northern Europe and the United States 2.3 Equality in Marriage: Race, Sex, and Sexual Orientation 2.4 Marriage for Same-Sex Couples and Alternative Models for the Recognition of Same-Sex Partnerships 3. Registered Partnerships in the Nordic Countries 3.1 The First Registered Partnership Act—Denmark 3.2 Registered Partnership in Norway 3.3 Registered Partnership and Cohabitation in Sweden 3.4 Iceland's Registered Partnership Act 3.5 The Status of Same-Sex Couples in Finland and the Bill on Registered Partnership 4. Same-Sex Partnerships in the Netherlands 4.1 Cohabitation of Same-Sex Couples 4.2 The Dutch Registered Partnership Act 4.3 Adoption by Same-Sex Couples 4.4 The Dutch Act on Same-Sex Marriage 5. Recognition of Same-Sex Partnerships in Other European Countries 5.1 Common Law Marriage in Hungary and Portugal 5.2 Countries with a "Light" Version of Registered Partnership 5.3 Countries Progressing toward the Recognition of Same-Sex Partnerships 6. The Cohabitation Model 6.1 Canada 6.2 Australia 6.3 New Zealand 7. Same-Sex Partnerships in the United States 7.1 Parental Rights of Same-Sex Couples in the United States 7.2 Judicial Recognition of Opposite-Sex and Same-Sex Cohabitation in the United States 7.3 Adult Adoption by Same-Sex Partners 7.4 Domestic Partnerships and Civil Unions 7.5 Opening Up Marriage to Same-Sex Couples 8. Contrasts between the Models of Recognition and the Status of Same-Sex Partnerships in the United States and Northern Europe 8.1 The European Registered Partnership Acts 8.2 Domestic Partnerships in the United States 8.3 Same-Sex Partnerships in the United States and Northern Europe Contrasted 9. Domestic Partnership, Registered Partnership, and Marriage 9.1 Registered Partnership and Marriage Compared 9.2 Domestic Partnership and Marriage Compared 9.3 Existing Models of Recognition as "Second-Class Marriage" 10. Alternatives to Marriage and the Doctrine of "Separate but Equal" 10.1 Racial Segregation in the United States 10.2 Segregation Based on Gender and Sexual Orientation 10.3 The Loving Analogy 10.4 The Brown Analogy 10.5 Intracommunity Perceptions of a Separate Regime for Same-Sex Couples 11. The Feasibility of Opening Up Marriage to Same-Sex Couples 11.1 The Necessary Process 11.2 Repeal of Sodomy Laws and Protection from Discrimination in Europe 11.3 Repeal of Sodomy Laws and Protection from Discrimination in the United States 11.4 Sodomy Laws, Antidiscrimination, and Recognition of Same-Sex Partnerships 11.5 Same-Sex Marriage 12. Conclusion Appendix A: European Same-Sex Legislation in Translation Appendix B: Developments in the United Kingdom, Israel, South Africa, and Brazil Bibliography Index
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