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Equality, Dignity, and Same-Sex Marriage : A Rights Disagreement in Democratic Societies - Man Yee Karen Lee

Equality, Dignity, and Same-Sex Marriage

A Rights Disagreement in Democratic Societies

Hardcover

Published: 1st April 2010
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This book investigates the concepts of equality and dignity under same-sex marriage jurisprudence. Having surveyed the multinational developments of same-sex marriage and arguments from proponents and opponents, the writer studies the two concepts with an aim to revealing their inadequacies as grounds for contentious rights claims such as same-sex marriage. To truly live up to the spirit of equality and equal dignity, the writer argues that the seemingly uncompromising disagreement over the issue requires people to explore common ground to make room for deliberation. It also requires the disagreeing parties to acknowledge that their disagreement is about the best interpretation of fundamental values that everyone shares, and not confrontation between conflicting worldviews neither of which is comprehensible to the other.

Acknowledgmentsp. xi
List of Casesp. xiii
Introductionp. 1
Rights and disagreementsp. 1
Equality, human dignity and rightsp. 3
Equality, human dignity and the disagreement on same-sex marriagep. 4
The incremental development and the changing rights claimsp. 8
An overviewp. 10
Same-Sex Marriage: History, Law, and Disagreementsp. 16
Same-sex marriage: a world surveyp. 16
The European pioneer: Denmarkp. 16
From Denmark to Nordic nationsp. 17
The first same-sex marriage: the Netherlandsp. 18
Belgium joins the Netherlandsp. 20
Spain followsp. 21
Canada: same-sex marriage arrives in North Americap. 22
United States: a fragmented picture and an uncertain futurep. 25
United Kingdom: an inclusive model of Civil Partnershipp. 32
South Africa: same-sex marriage arrives in Africap. 34
Asia-Pacific and beyond: developments continuep. 36
A sprawling phenomenonp. 38
The incremental development and the evolving rights claimp. 40
Same-sex marriage and civil union: the same but different?p. 43
Pragmatic liberalism and full equalityp. 46
Same-sex marriage under international lawp. 46
The United Nations Human Rights Committeep. 47
The European Court of Human Rightsp. 48
Why can same-sex marriage be morally controversial?p. 51
A normative inquiry into same-sex marriagep. 54
The proponent's case for same-sex marriagep. 55
The opponent's case against same-sex marriagep. 62
Conclusionp. 70
The Classic Concept of Equality and the Case for Same-Sex Marriagep. 73
Equality and same-sex marriagep. 76
The meaning of equalityp. 82
The problem of equality rhetoricp. 84
Why formal equality?p. 86
Why not formal equality?p. 88
The paradox of formal equality: leveling up or down?p. 94
Same-sex marriage: leveling up or down?p. 98
Formal equality and equal rights for gays and lesbiansp. 100
What is being compared?p. 102
ôConduct-basedö equalityp. 102
ôClass-basedö equalityp. 104
Who is being compared?p. 107
Why equal?p. 109
Does ôtreatment as equalsö live up to the commitment to equality?p. 113
Analysis: does formal equality sustain the claim for same-sex marriage?p. 116
True equality: deconstructing marriage?p. 124
Is equality possible?p. 128
Conclusionp. 130
Human Dignity and Same-Sex Marriagep. 132
Human dignity in international law and constitutional lawp. 132
The meaning of human dignityp. 135
The historical and philosophical roots of human dignityp. 135
Dignity: descriptive or normative?p. 140
Two concepts of rightsp. 142
Dignity and intrinsic worthp. 144
Dignity and respectp. 145
Dignity as a multi-layered conceptp. 148
Dignity in contextp. 154
Some reflections on dignityp. 157
Dignity and same-sex marriagep. 159
Conclusionp. 163
Human Dignity and its Role in the Equality Jurisprudencep. 167
The Canadian way: human dignity and substantive equalityp. 168
Law v Canada: the norm-setting casep. 173
Dignity and its criticsp. 176
The reasonable person testp. 178
A divided court: many tales of dignityp. 179
M v H: impairing vs enhancing dignityp. 179
Lavoie v Canada: the court split four waysp. 182
Gosselin v Quebec: who is more disadvantaged?p. 184
Nova Scotia v Walsh: the capriciousness of dignity impairmentp. 187
What is left for human dignity?p. 189
Jurisprudential transplant: dignity and equality in South Africap. 190
President of the Republic of South Africa & Another v Hugo: where it all beginsp. 193
Harksen v Lane NO & Others: a jurisprudential Legoland?p. 195
Is dignity still worth defending?p. 197
Dignity: promises and limitationsp. 200
Nurturing a culture of reason in a deliberative societyp. 204
Deliberative democracy in resolving disagreements on equality and dignityp. 206
Dignity in same-sex marriage jurisprudencep. 207
Conclusionp. 212
Looking Back and Looking Forwardp. 215
Looking back: the progress, moral disagreement and philosophyp. 215
The world surveyp. 217
The arguments: liberal vs conservativep. 219
Equality, dignity, and same-sex marriagep. 221
Equality and same-sex marriagep. 222
Dignity and same-sex marriagep. 226
Looking forward: finding common ground?p. 228
Deliberative democracy and same-sex marriagep. 232
Deliberation as the discipline of rightsp. 232
Deliberation and equalityp. 234
Deliberation and same-sex marriagep. 237
Public deliberation in practicep. 240
A democratic culture, equality, and dignityp. 243
Bibliographyp. 249
Indexp. 259
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9789004179264
ISBN-10: 9004179267
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 258
Published: 1st April 2010
Publisher: Brill
Country of Publication: NL
Dimensions (cm): 25.4 x 16.51  x 1.91
Weight (kg): 0.64