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SOGI Casebook chapters Archives: Marriage

Varnum v. Brien, Supreme Court of Iowa, United States (3 April 2009)

Procedural Posture The State of Iowa appealed a district court’s summary judgment ruling in favour of the plaintiffs. Facts Six same-sex couples requested that the Iowa Supreme Court strike down Section 595.2(1) of the Iowa Code, which limited marriage to opposite-sex couples. Issue Whether Section 595.2(1) of the Iowa Code, limiting marriage to heterosexual couples, […]

Report of the Special Representative of the Secretary-General on the situation of human rights defenders, A/HRC/4/37/Add.1, March 27, 2007: Nigeria

511. On 10 April 2006, the Special Representative sent an urgent appeal to the Government concerning a “Bill for an Act to Make Provisions for the Prohibition of Relationship Between Persons of the Same Sex, Celebration of Marriage by Them, and for Other Matters Connected Therewith”. According to the information received, on 19 January 2006, […]

Report of the Special Rapporteur on the human rights of migrants, A/HRC/4/24, 14 February 2007: Spain

II. CASE STUDIES AND RESPONSES TO THE QUESTIONNAIRE ON THE IMPACT OF CERTAIN LAWS AND ADMINISTRATIVE MEASURES ON MIGRANTS D. Conditions for admission/stay Question: Please provide information regarding any existing requirements and conditions for marriages of non–nationals and/or of nationals with non–nationals as well as the possibility for withdrawing authorization to stay following separation; and […]

Zappone and Gilligan v. Revenue Commissioners and Others, High Court of Ireland (14 December 2006)

Procedural Posture Following the decision of the Revenue Commissioners to refuse them tax allowances as a married couple, the plaintiffs sought leave to apply for judicial review and the High Court of Ireland granted the application. Facts The plaintiffs were an Irish lesbian couple who had lived together for 23 years. In 2003 they were […]

Ben-Ari v. Director of Population Administration, Israeli Supreme Court Sitting as the High Court of Justice (21 November 2006)

Procedural Posture The petitioners brought a civil challenge to the Director of Population. Three justices heard the original oral arguments, but the panel was then expanded to seven. Facts Five same-sex couples who were legally married in Canada returned to Israel where they applied to have their marriages registered by the population registrar. The registrar […]

Minister of Home Affairs and Another v. Fourie and Another; Lesbian and Gay Equality Project and Eighteen Others v. Minister of Home Affairs and Others, Constitutional Court of South Africa (1 December 2005)

Procedural Posture Two separate constitutional challenges to the common law and statutory definitions of marriage in South Africa were consolidated. In the first case (a complaint that South African common law unconstitutionally excluded same-sex marriage), the South African government appealed lower court decisions that had found in favour of Marié Adriaana Fourie and Cecelia Johanna […]