FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS

FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS

We. Same-sex domestic partnership at the Supreme Court

Brazil has an extremely complex and step-by-step Constitution which contains conditions family law that is regarding. In its art. 226 it establishes that family may be the foundation of culture and it is eligible to protection that is special their state.

On defining household, the Constitution expressly states that the domestic partnership between “a man and a female” comprises a household and it is consequently eligible for unique protection because of the State. More over, it determines that the legislation must further the transformation of domestic partnerships into wedding.

Art. 1723 associated with Brazilian Civil Code additionally clearly determines that a domestic partnership between a guy and a lady constitutes a household.

That which was asked associated with the Supreme Court would be to declare it unconstitutional to interpret the Civil Code as excluding domestic partnerships between individuals of the sex that is same being considered families for appropriate purposes.

The situation ended up being tried because of the Supreme Court on might 2011. Ten justices participated into the test 19 and unanimously voted to declare this interpretation associated with Civil Code (and, consequently, for the text that is constitutional) unconstitutional. Whenever their specific opinions and arguments are thought, nevertheless, you’ll be able to notice a divide that is significant. 20

The ruling about same-sex domestic partnerships argumentatively implies a position of the court on same-sex marriage, I will not reconstruct the justices’ opinions in full detail since what matters for the purposes of this paper is to what extent. 21

Continue reading “FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS”