Trajectory of reform: catholicism, the state and the civil society in the development of LGBT rights

Moscati, Maria Federica (2010) Trajectory of reform: catholicism, the state and the civil society in the development of LGBT rights. Liverpool Law Review, 31 (1). pp. 51-68. ISSN 0144-932X

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Abstract

This paper examines legislative variations in LGBT identities, addressing the question: why and how do two largely Catholic states—Italy and Spain—endow different legal treatment to LGBT identities? Italy and Spain present important similarities in their legal, social and historical backgrounds. The legal cultures of both of these states have legal frameworks decriminalizing homosexuality. Nevertheless, they have approached same-sex unions in quite different ways. Spain has introduced same-sex marriage. Italy has hindered, consequently legal recognition remains fiercely contested and unrealized. Overall, it is argued that it is in the area of same-sex unions that some of the most significant changes have taken place in family law over the past decade in a number of jurisdictions. The paper argues that legal reforms in family law must be understood in terms of relation between society and law and must draw upon the concept of “culture”. The two jurisdictions appear to support the theoretical perspective that reforms and lack of reforms in family law are inspired by a number of contexts such as religious values, ideas of political morality and State interests.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Maria Moscati
Date Deposited: 17 Feb 2015 13:28
Last Modified: 08 Mar 2017 08:06
URI: http://sro.sussex.ac.uk/id/eprint/52963

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