"It’s all too easy to imagine this Supreme Court overruling Obergefell in a few years and citing Barrett’s decision in this case," says Slate's Mark Joseph Stern about the decision in last week's immigration case, Department of State v. Muñoz. "I think all three liberals are ringing this alarm so everyone can see that overturning marriage equality is very much on the table at this Supreme Court."
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The ‘Ekandjo Bills’: Why you should NOT support them no matter how you feel about same-sex issues What are the ‘Ekandjo Bills’? These are two laws introduced by MP Jerry Ekandjo and passed by parliament in 2023. They have not yet been signed by the president – meaning they are not yet valid laws of Namibia. One is the ‘Marriage Amendment Bill’: It limits civil marriages solemnised in Namibia to members of the opposite sex. Whether the policy is right or wrong, this is already the legal position in Namibia in terms of common law (the law developed over time through court decisions). In any event, the 1961 Marriage Act the bill would amend is already on its way out, soon to be replaced by a new marriage law expected to be tabled in parliament later this year. The other ‘Ekandjo Bill’ is the ‘Definition of Spouses Bill’ and is the one that should worry us most. Jerry Ekandjo What prompted the ‘Ekandjo Bills’? In 2023, the Supreme Court found it was unconstitutional for Namibia to refuse to recognise spouses in same-sex marriages concluded outside Namibia for immigration purposes. The case involved two couples where Namibian citizens married non-Namibian citizens of the same sex while living in countries that allow same-sex marriage. The Namibian citizens were seeking to live in Namibia with their spouses. The Supreme Court ruled that foreign same-sex spouses must be treated like any other foreign spouses regarding permission to live in Namibia, in order to comply with the constitutional rights to dignity and equality. The Definition of Spouses Bill attempts to ‘overrule’ this Supreme Court decision. What’s wrong with letting parliament overrule the Supreme Court? The bedrock of Namibia’s government system is the separation of powers between three branches of government – the legislature (parliament), the executive (the president and cabinet) and the judiciary (the courts). Simply put, parliament makes laws, the executive implements them and the judiciary interprets them and makes sure they are in line with the Constitution. This division of functions among three different branches helps prevent abuses of power because the three different branches of government monitor and limit each other. If parliament can ‘overrule’ the Supreme Court’s interpretation and application of the Constitution, then one of the key functions of the judiciary is lost. This would make parliament all-powerful, leaving the final interpretation of all constitutional rights in its hands. But shouldn’t majority rule be the deciding factor? One of the most important functions of a constitution in any country is to protect the rights of minorities. As the Supreme Court pointed out in its judgement, a constitution is designed to protect the rights of those who cannot be adequately protected through the democratic process. The Constitution is not really needed by people…
The ‘Ekandjo Bills’
https://www.namibian.com.na
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Equality Now Report GENDER INEQUALITY IN FAMILY LAWS IN AFRICA: AN OVERVIEW OF KEY TRENDS IN SELECT COUNTRIES This Report serves as an assessment of the current status of family laws in 20 countries in Africa, analysing their compliance with the Maputo Protocol, CEDAW, and other relevant global and regional human rights treaties. The assessment was largely undertaken between April 2022 to December 2023. The Report is organised and analysed on nine broad family law themes: ► Legal pluralism ► Child marriage ► Registration and legal recognition of marriages ► Polygamy ► Gender-based violence within the family (marital rape and domestic violence) ► Divorce ► Child custody ► Inheritance ► Matrimonial property
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Tahirih is joining Girls Not Brides USA as a co-chair! 🎉 Girls Not Brides: The Global Partnership to End Child Marriage (GNB) is a global network of more than 1,600 civil society organizations in over 100 countries, all committed to ending child marriage and ensuring girls can reach their full potential. GNB USA is a coalition of over 60 U.S.-based organizations working to end child marriage wherever it occurs. As a new co-chair of GNB USA, Tahirih brings our survivor-centered lens and expertise on child marriage within the United States itself. Our work on the domestic laws that allow child marriage to occur both in U.S. states and through the U.S. immigration system complements the international-facing work of existing co-chairs at the International Center for Research on Women (ICRW), World Vision USA, and PAI.
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#Chile: 2022 Chile’s president signed a bill to legalize same-sex marriage in the Latin American country in 2021, with the law going into effect in March 2022. The vote was the culmination of a four-year effort beginning with the introduction of a bill in 2017. #Mexico: 2022 Same-sex marriage in Mexico first became legal in Mexico City, the country’s capital, where the practice was legalized following the passage of legislation in 2009. And while Mexico’s Supreme Court ruled that state bans against same-sex marriage were unconstitutional in 2015, it took some states years to fall in line with the ruling. Tamaulipas was the last of Mexico’s 32 states to codify same-sex marriage, which it did in October 2022. #Switzerland: 2022 Switzerland held a countrywide referendum in 2021 on the questions of legalizing same-sex marriage and giving such couples the right to adopt. The referendum was passed with nearly a two-thirds majority at 64.1%. The country’s first legal same-sex marriages took place on July 1, 2022.
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Adjunct Lecturer, School of Law, National and Kapodistrian University of Athens(UoA), Senior Research Fellow at Marangopoulos Foundation for Human Rights(MFHR), Postdoctoral Researcher at AthensPIL(UoA)
Greece recently legalised same-sex marriage. The new law brings significant amendments to Greek family and relevant labour law in a bid to eliminate existing inequalities suffered by the #LGBTQI community in both law and in life. This is a short piece that I wrote for The Oxford Human Rights Hub briefly discussing the strengths and weaknesses of the new law. Many thanks are owed to Prof. Freya Baetens and the entire team of The Oxford Human Rights Hub! https://lnkd.in/dC_u26P3
Greece Achieves Marriage Equality: What About Full Parental Rights for LGBTQI Persons?
https://ohrh.law.ox.ac.uk
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By introducing uniformity in laws related to marriage, divorce, and inheritance of property across religious communities, Uttarakhand’s Uniform Civil Code proposes to bring gender equality and legitimacy to live-in relationships in the state. Our Managing Partner, Mr. Ankur Mahindro shares his comments with moneycontrol.com in an article titled, "Uttarakhand’s Uniform Civil Code grants equality in property rights." Read more at :- https://lnkd.in/gAvQk8Dt #knowledgesharing #lawfirm #legaladvice #legalupdates #ucc #uniformcivilcode #uttarakhand
Uttarakhand’s Uniform Civil Code grants equality in property rights
moneycontrol.com
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By introducing uniformity in laws related to marriage, divorce, and inheritance of property across religious communities, Uttarakhand’s Uniform Civil Code proposes to bring gender equality and legitimacy to live-in relationships in the state. Our Partner, Mr. Abhishek Awasthi shares his views with moneycontrol.com in an article titled, "Uttarakhand’s Uniform Civil Code grants equality in property rights." Read more at :- https://lnkd.in/gAvQk8Dt #knowledgesharing #legalupdates #ucc #uniformcivilcode #uttarakhand #lawfirm
Uttarakhand’s Uniform Civil Code grants equality in property rights
moneycontrol.com
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AK Poku | The Immigrant’s Lawyer ✊🏿 | Green Cards 🇺🇸 U.S. Citizenship 🇺🇸 American Dreams | AK Poku Law, PLLC | 🌎 akpokulaw.com 🌎| ☎️+1 (802) 780 0564 ☎️
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The Greek debate on same-sex marriage and its potential impact on Mitsotakis' conservative government warrants a nuanced perspective. Internationally, 36 countries support marriage equality, and 39 endorse adoption equality, with no regrets or reversals reported. Greece faced similar concerns during the introduction of same-sex civil partnerships in 2015 and fostering by same-sex couples in 2018, but these didn't significantly affect the 2019 elections. The UK's 2013 experience under conservative PM David Cameron, despite concerns, resulted in electoral success. Support for marriage equality tends to increase post-legislation, challenging predicted calamities.
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Redefining Immediate Family – Legal Implications and Societal Evolution Family dynamics have undergone a significant transformation in recent years, leading to a redefinition of what constitutes immediate family. This shift has profound legal implications that impact various aspects of society. As definitions evolve, it is crucial to understand the legal ramifications and the societal changes that accompany this redefinition.Historical Perspectives on Immediate Family Early Definitions and Their Cultural Context One of the earliest definitions of immediate family can be traced back to ancient societies, where kinship ties were crucial for social organization and survival. In these early cultures, immediate family typically consisted of parents, children, and sometimes extended relatives living in close proximity. This definition was heavily influenced by cultural norms and religious beliefs, shaping the dynamics and responsibilities within the family unit. Legal Recognition of Family Structures Through Time Historically, the legal recognition of family structures has varied greatly across different societies and ti... #familialrelationships #Family #FamilyLaw #familyrights #immediatefamily #Legal #LegalImplications #legalrecognition #societalchanges #societalevolution #Society
Redefining Immediate Family – Legal Implications and Societal Evolution
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