Abstract
This chapter summarizes the legal developments of same-sex couples analyzed in the following chapters. It shows that a global discussion on same-sex couples’ recognition has sparked discussions on the role of marriage and the legal concept of the family even in countries where same-sex couples are still invisible.
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Notes
- 1.
By September of 2014 same-sex marriage was available in Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Luxembourg, Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, United Kingdom, Uruguay, parts of the United States, and parts of Mexico. Foreign same-sex marriages were recognized in Israel. Civil unions or some partnership agreement model was available for same-sex couples at least in Australia, Austria, Colombia, Croatia, Czech Republic, Ecuador, Germany, Hungary, Ireland, Lichtenstein, Slovenia, Venezuela.
- 2.
There are several variations of the acronym from LGBT to include Lesbian, Gay, Bisexual and Trans individuals. There is also LGBTI to include intersex, and LGBTQ to include “queer.”
- 3.
In June of 1989 Denmark passed the first Registered Partnership Act in the world. The Netherlands enacted Staatsblad van het Koninkrijk der Nederlanden 2001, nr. 9 (11 January), the first statute on same-sex marriage, which became available on April 1, 2001.
- 4.
STC 198/2012, of 6th November2012. Boletin Oficial del Estado (BOE) N. 286, November 28, 2012, pp. 168–219.
- 5.
The literal translation of “Libre desarrollo de la personalidad” would be “free development of personality.” The concept, however, refers to protecting the right of each individual to her own individuality. The Colombian Constitutional Court has stated that “There is a violation of this right when a person is arbitrarily impeded of reaching or pursuing legitimate aspirations or of freely valuing and choosing the circumstances that give meaning to her life.” Corte Constitucional de Colombia, Sentencia T 532/92, Sept 23, 1992.
- 6.
United States v. Windsor, 133 S. Ct. 2675, 2689, 2692–2693, 186 L. Ed. 2d 808 (2013).
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Sáez, M. (2015). Introduction. In: Sáez, M. (eds) Same Sex Couples - Comparative Insights on Marriage and Cohabitation. Ius Gentium: Comparative Perspectives on Law and Justice, vol 42. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-9774-0_1
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