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 partnership that is domestic the Supreme Court

Brazil has a rather complex and step-by-step Constitution which contains provisions family law that is regarding. With its art. 226 it establishes that family may be the foundation of culture and it is entitled to protection that is special hawaii.

The Constitution expressly states that the domestic partnership between “a man and a woman” constitutes a family and is therefore entitled to special protection by the State on defining family. Furthermore, it determines that the statutory legislation must further the transformation of domestic partnerships into wedding.

Art. 1723 regarding the Brazilian Civil Code additionally explicitly determines that a domestic partnership between a man and a female comprises a household.

The thing that was asked regarding the Supreme Court would be to declare it unconstitutional to interpret the Civil Code as excluding domestic partnerships between folks of the same intercourse from being considered families for appropriate purposes.

The instance ended up being tried because of the Supreme Court on might 2011. Ten justices took part when you look at the test 19 and unanimously voted to declare this interpretation associated with Civil Code (and, consequently, associated with constitutional text itself) unconstitutional. Whenever their individual views and arguments are believed, nevertheless, you can easily experience a divide that is significant. 20

Since what counts for the purposes of the paper is always to what extent the ruling about same-sex domestic partnerships argumentatively suggests a posture of this court on same-sex wedding, i shall maybe not reconstruct the justices’ opinions in complete information. 21

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