The real extent of the right to marry

  Structure

1) The "privatisation" of marriage: the end of an institution?

2) The right to marry and the sense of difference

3) Legal definitions and interpretations of marriage: civil society, public policy and the Courts

a)    Transsexual case: the ‘social’ argument and beyond biological based definition/concept of marriage – European Court of Human Rights, Goodwin v. United Kingdom, 2002

b)   The Constitution as a "living tree": balance of interests and law evolutionary interpretation – Supreme Court of Canada, Reference Re-Same sex marriage, 2004

c)    Equality – Dignity argument: against "separate but equal" doctrine and for "united in diversity" principle – Constitutional Court of South Africa, Ministry of Home Affairs v. Fourie, 2005.

Allegati

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