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This book examines the proliferation of policymaking concerning the recognition and protection of same-sex relationships in the countries of North and South America, adding to the knowledge of developments in the United States and Canada, but, most notably, exploring more recent developments in Mexico, Central and South America, and the Caribbean. While much work has been done on developments in Europe and upper North America, this book attempts to broaden the understanding of relationship equality policy proliferation around the world and to add new insights regarding the policies of sexuality in different notional contexts. This book discusses several factors that have constrained and facilitated policymaking in this area, including legal systems, public opinion, political culture, and, more particularly, the role of religion as a key obstacle in the recognition of rights for same-sex couples. The chapters also explore the role of institutional mechanisms, political parties, NGOs, IGOs, and international norms as significant factors for policy adoption.
This book explores policy innovation far same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. The scholarship is innovative because, though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.
1 Introduction Adriana Piatti-Crocker Jason Pierceson 1
2 Democracy, Discursive Frames, and Same-Sex Unions: A Cross-National Analysis Ahmed Khanani Jean C. Robinson 15
3 Constructing Policy Innovation in Argentina: From Gender Quotas to Same-Sex Marriage Adriana Piatti-Crocker 37
4 The Argentine Supreme Court and the Construction of a Constitutional Protection of Sexual Minorities Laura Saldivia 73
5 Policy Stability without Policy: The Battle for Same-Sex Partnership Recognition in Brazil Shawn Schulenberg 93
6 Same-Sex Relationship Equality in Mexico Genaro Lozano 129
7 Deconstructing the Backlash: Same-Sex Marriage Litigation and Social Change in the United States and Canada Jason Pierceson 161
8 Legal Struggles and Political Resistance: Same-Sex Marriage in Canada and the United States Nancy Nicol Miriam Smith 181
9 The Distinctive Centrality of Marriage in the United States David Rayside 203
10 Conclusion: Juristocracy in the Americas? Jason Pierceson 227
Appendix: Chapter 3 References 231
About the Contributors 247