SAME-SEX MARRIAGE IN THE BRAZILIAN SUPREME COURT: Legal Reasoning and the Risk of a Regressive Turn
Bibliographic Details
| Main Author: |
PÜSCHEL,FLAVIA PORTELLA |
| Publication Date: |
2019 |
| Format: |
Article
|
| Language: |
eng |
| Source: |
Novos estudos CEBRAP (Online) |
| Download full: |
http://old.scielo.br/scielo.php?script=sci_arttext&pid=S0101-33002019000300653
|
Summary: |
ABSTRACT This paper investigates how far the Brazilian Supreme Court has argumentatively committed itself to upholding same-sex marriage in the face of prospective restrictive legislation based on the reasoning the court used in its 2011 ruling about same-sex domestic partnerships. The paper concludes that the separation of litigation over domestic partnerships and marriage may have led to the risk of a regressive turn concerning gay rights on this matter. |