Same Sex Relationships: From Odious Crime to Gay Marriage

Hardcover | May 11, 2006

byStephen Cretney

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Based on the 2005 Oxford Clarendon Lectures in Law, this book deals with the remarkable change in society's attitude to homosexuality over the last half century. Until 1967 homosexual acts were punished by the criminal law and as recently as 1988 Parliament forbade teachers from suggestingthat homosexuality was an acceptable family relationship. In 2005 Parliament passed the Civil Partnership Act, which creates a framework in which same-sex couples can have their relationship legally recognised in much the same way as marriage. This book looks at the essentials of the civilpartnerships contruct, and asks whether it is really creating an institution of 'gay marriage'? If not, the next question to ask is whether civil partnership can satisfy the demands for equality increasingly being made by the gay community? In the United States, the courts have taken an active and progressive stance, holding that to deny marriage to same sex couples and leave them with mere partnership is to create a 'separate but equal' situation historically associated with the racial discrimination now universally recognised asunconstitutional and morally unjustifiable. However, the political climate has risen to a fever pitch with the current administration's push for constitutional amendment to ban outright gay marriage. In the UK the courts have been less activist, but the potential creation of a Supreme Court raisesimportant questions about the boundaries between the roles of judiciary, the legislature, and government; and whether the judiciary should play a more constitutionally active role than has thus far been traditional?

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Based on the 2005 Oxford Clarendon Lectures in Law, this book deals with the remarkable change in society's attitude to homosexuality over the last half century. Until 1967 homosexual acts were punished by the criminal law and as recently as 1988 Parliament forbade teachers from suggestingthat homosexuality was an acceptable family re...

Stephen Cretney is one of the country's foremost academic lawyers. He also has wide experience of legal practice (he is a Solicitor who practised in the City of London) and of the practical business of law reform (he was a Law Commissioner). He has wide experience of lecturing in this country and abroad, not only to judges and other l...

other books by Stephen Cretney

Law, Law Reform and the Family
Law, Law Reform and the Family

Hardcover|Jan 1 1999

$285.00

Format:HardcoverDimensions:360 pages, 9.21 × 6.14 × 1.18 inPublished:May 11, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199297738

ISBN - 13:9780199297733

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Table of Contents

I From Felony to the Love that is Proud to Speak its NameII Partnership or Marriage: The Provisions of the Civil Partnership ActIII The Family, Partnership, and the JudgesAppendicesText of The Civil Partnerships Act 2004, Parts 1 and 2, and Schedules 1 to 9Report of the Committee on Homosexual Offences and Prostitution paras 1 - 147 and pp 130 - 135Judicial DecisionsHalpern et al v Attorney General of Canada et al, Court of Appeal for OntarioLawrence v Texas, United States Supreme CourtHillary Goodridge and others v Department of Health and others, Supreme Judicial Court of MassachusettsOpinions of the Justices to the Senate, Supreme Judicial Court of MassachusettsLofton v Secretary of the Department of Children and Family Services, United States Court of Appeals, Eleventh Circuit

Editorial Reviews

`Once again we are all indebted to Stephen Cretney...Same Sex Relationships...will be of great interest to all family lawyers who wish to see beyond the minutiae of today's judgment or tomorrow's brief...a stimulating and provocative book whch we would all do well to read - and to ponder.'The Hon Justice Munby, Family Law, October 2006