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SelectedWorks

Brigitte J Clark Dr

2011

Sexuality and the Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Same-Sex Marriage: European Court Of Human Rights’ Jurisprudence And Conflicts Of Law - Possible Messages For And From The Supreme Court Of England And Wales, Brigitte J. Clark Dr May 2011

Same-Sex Marriage: European Court Of Human Rights’ Jurisprudence And Conflicts Of Law - Possible Messages For And From The Supreme Court Of England And Wales, Brigitte J. Clark Dr

Brigitte J Clark Dr

ABSTRACT As more legislatures adopt marriage-like alternatives to same-sex marriage, international (and interstate) conflict of law issues take on additional significance. This paper debates the outcome of an appeal to the Supreme Court of the United Kingdom against the ban on same-sex marriage, especially those marriages validly celebrated in other jurisdictions on the basis of rights enshrined in the European Convention of Human Rights (ECHR) and Charter of Fundamental Rights of the European Union, with some comparative reference to the relevant legal positions in the United States, Canada and South Africa. At present, although Strasbourg jurisprudence has recognized the right …


Same-Sex Marriage: European Court Of Human Rights’ Jurisprudence And Conflicts Of Law - Possible Messages For And From The Supreme Court Of England And Wales, Brigitte J. Clark Dr May 2011

Same-Sex Marriage: European Court Of Human Rights’ Jurisprudence And Conflicts Of Law - Possible Messages For And From The Supreme Court Of England And Wales, Brigitte J. Clark Dr

Brigitte J Clark Dr

ABSTRACT As more legislatures adopt marriage-like alternatives to same-sex marriage, international (and interstate) conflict of law issues take on additional significance. This paper debates the outcome of an appeal to the Supreme Court of the United Kingdom against the ban on same-sex marriage, especially those marriages validly celebrated in other jurisdictions on the basis of rights enshrined in the European Convention of Human Rights (ECHR) and Charter of Fundamental Rights of the European Union, with some comparative reference to the relevant legal positions in the United States, Canada and South Africa. At present, although Strasbourg jurisprudence has recognized the right …