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Same-sex couples and the marriage model
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Probert, Rebecca. (2005) Same-sex couples and the marriage model. Feminist Legal Studies, Vol.13 (No.1). pp. 135-143. ISSN 0966-3622
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Official URL: http://dx.doi.org/10.1007/s10691-005-1460-7
Abstract
In Ghaidan v. Godin-Mendoza [2004] U.K.H.L. 30, the U.K. House of Lords upheld the right of a man to succeed to the tenancy of his deceased same-sex partner as if he had been the husband or wife of the deceased. This note examines the five judgements delivered by the court and considers the implications of the decision. It argues that, within the context of family law, Mendoza was a welcome decision but an evolutionary dead-end. The case signals a more promising approach to the development of human rights, but the appropriate use and scope of s.3 of the Human Rights Act 1998 remain somewhat unclear.
| Item Type: | Journal Article |
|---|---|
| Subjects: | K Law > KD England and Wales |
| Divisions: | Faculty of Social Sciences > Law |
| Library of Congress Subject Headings (LCSH): | Gay couples -- Legal status, laws, etc. -- England, Gay couples -- Legal status, laws, etc. -- Wales, Civil unions -- Law and legislation -- England, Civil unions -- Law and legislation -- Wales, Real property -- England, Real property -- Wales |
| Journal or Publication Title: | Feminist Legal Studies |
| Publisher: | Springer Netherlands |
| ISSN: | 0966-3622 |
| Date: | 2005 |
| Volume: | Vol.13 |
| Number: | No.1 |
| Page Range: | pp. 135-143 |
| Identification Number: | 10.1007/s10691-005-1460-7 |
| Status: | Peer Reviewed |
| Publication Status: | Published |
| Access rights to Published version: | Restricted or Subscription Access |
| URI: | http://wrap.warwick.ac.uk/id/eprint/39417 |
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