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This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.

Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Family. --- Regional and Cultural Studies. --- Ethics. --- Civil Law. --- Civil law. --- Regional planning. --- Droit --- Morale --- Droit civil --- Aménagement du territoire --- Law, Politics & Government --- Law, General & Comparative --- 347.62 --- Huwelijksrecht. Huwelijksvoorwaarden. Huwelijksformaliteiten. Nietigheid, aanvechtbaarheid van het huwelijk. Rechten en plichten van echtgenoten --- 347.62 Huwelijksrecht. Huwelijksvoorwaarden. Huwelijksformaliteiten. Nietigheid, aanvechtbaarheid van het huwelijk. Rechten en plichten van echtgenoten --- Culture --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Families. --- Families --- Study and teaching. --- Social aspects. --- Huwelijksrecht. Huwelijksvoorwaarden. Huwelijksformaliteiten. Nietigheid, aanvechtbaarheid van het huwelijk. Rechten en plichten van echtgenoten. --- Culture-Study and teaching. --- Private International Law, International & Foreign Law, Comparative Law . --- Law, Civil --- Private law --- Roman law --- Deontology --- Ethics, Primitive --- Ethology --- Moral philosophy --- Morality --- Morals --- Philosophy, Moral --- Science, Moral --- Philosophy --- Values --- Families—Social aspects. --- Culture—Study and teaching. --- Family --- Family life --- Family relationships --- Family structure --- Relationships, Family --- Structure, Family --- Social institutions --- Birth order --- Domestic relations --- Home --- Households --- Kinship --- Marriage --- Matriarchy --- Parenthood --- Patriarchy --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Social aspects --- Social conditions --- Civil law

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Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women’s rights more broadly. The volume provides close analysis of some of the most important decisions made by Latin American national courts, as well as those made by international legal bodies, that affect the rights and interests of these groups. Specially selected for their depth of argument and value as exemplars, the studies of good legal practice chart the path of the region’s normative values of justice as they have evolved away from a partial, and patriarchal, exercise of the law. They show how cases with vastly differing contexts such as, property rights and domestic violence have resulted in a mixed body of Latin American law.  Some decisions are  protective of women’s and minority rights. Some assess the wider social impacts of case law in which recognition of the discrete legal identities within households challenges established precepts, including religious ones. Other cases have been chosen as cautionary examples of bad decision-making and for the poverty of their legal debate. Updated to include the latest relevant jurisprudence from across the continent, this book is an informed, cohesive and comprehensive guide to understanding women’s and gender-based rights in Latin America.

Public law. Constitutional law --- Law --- recht --- armoede --- LGBTQIA+ (lesbian, gay, bi, trans, queer, intersex and asexual) --- gender --- transseksualiteit --- grondrechten --- staatsrecht --- grondwet --- Latin America