Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

1. Same-Sex Marriage: History, Law, And Disagreements

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The idea of legally recognizing same-sex relationships began in Scandinavia. In 1989, Denmark was the first in the world to enact registered partnership law. In the late 1980's, two test cases were brought to court where the homosexual couples claimed that the state ban on same-sex marriage violated their human rights. Liberals may criticize civil unions as sacrificing the fundamental principle of liberalism under which the state is obliged to realize the values of liberty and equality and treat every citizen as free and equal. On the basis of his "pragmatic liberalism", William Eskridge believes that it takes time for society to accept the recognition of a right such as the right to same-sex marriage. The issue of decriminalizing homosexuality under international law was addressed by the United Nations Human Rights Committee (HRC) in Toonen v Australia.

Keywords: civil union; Danish citizen; homosexuality; international law; pragmatic liberalism; same-sex marriage; Scandinavian nations; Toonen v Australia; United Nations Human Rights Committee



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Equality, Dignity, and Same-Sex Marriage — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation