Same-Sex Marriage: A Human Right? American View v. European View

49 Pages Posted: 10 Mar 2013

See all articles by Angelique Devaux

Angelique Devaux

CHEUVREUX NOTAIRES; French Licensed Attorney (Diplômée Notaire), LL.M American Law (Indiana University Robert H. McKinney School of Law)

Date Written: March 8, 2013

Abstract

In our modern societies, the concept of marriage is far from what it was in ancient human history. Over time, the notion of marriage has been regulated as a union between a man and a woman, making it a legal institution. However it is an Illusion to think that banning marriages of a certain type can make those unions cease to exist. It does exist but in a non-official way. Both the United States and Europe rally for human rights and both are symbols of equality in the world.

In this paper, the current issue of the recognition of same-sex marriage between Europe and the United States, in a comparative law approach, will be examined, as from a debate to an overview of a gradated recognition. It will be suggested future marriage as a new approach of human right, from a traditional institution to keys of a challenged recognition.

Keywords: Same-sex, Marriage, Human right, Comparative law, European Law, American Law, Family Law

JEL Classification: K39

Suggested Citation

Devaux, Angelique, Same-Sex Marriage: A Human Right? American View v. European View (March 8, 2013). Available at SSRN: https://ssrn.com/abstract=2230614 or http://dx.doi.org/10.2139/ssrn.2230614

Angelique Devaux (Contact Author)

CHEUVREUX NOTAIRES ( email )

55 Boulevard Haussmann
Paris, 75008
France

HOME PAGE: http://www.cheuvreux-notaires.fr/

French Licensed Attorney (Diplômée Notaire), LL.M American Law (Indiana University Robert H. McKinney School of Law) ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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