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2014•Revista de Estudios PolíticosRequires access

EL MATRIMONIO ENTRE CIUDADANOS DEL MISMO SEXO: ¿DERECHO FUNDAMENTAL U OPCIÓN LEGISLATIVA?

Abraham Barrero Ortega

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Abstract

The legalization of same-sex marriage in Act 13/2005 sparked in our country one of the most important constitutional debates of recent years. Some authors supported the constitutionality of the Act; other authors questioned this constitutionality. The debate has been recently settled by the Spanish Constitutional Court (STC 198/2012). Spain´s Constitutional Court upheld the constitutionality of gay marriage. This paper analyzes the decision of the Spanish Constitutional Court in the context of the global debate over same-sex marriage.

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What this paper is about

The legalization of same-sex marriage in Act 13/2005 sparked in our country one of the most important constitutional debates of recent years. Some authors supported the constitutionality of the Act; other authors questioned this constitutionality. The debate has been recently settled by the Spanish Constitutional Court (STC 198/2012). Spain´s Constitutional Court upheld the constitutionality of gay marriage. This paper analyzes the decision of the Spanish Constitutional Court in the context of the global debate over same-sex marriage.

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Available abstract

The legalization of same-sex marriage in Act 13/2005 sparked in our country one of the most important constitutional debates of recent years. Some authors supported the constitutionality of the Act; other authors questioned this constitutionality. The debate has been recently settled by the Spanish Constitutional Court (STC 198/2012). Spain´s Constitutional Court upheld the constitutionality of gay marriage. This paper analyzes the decision of the Spanish Constitutional Court in the context of the global debate over same-sex marriage.

Key concepts: Constitutionality, Political science, Constitutional review, Legalization, Law, Context (archaeology), Constitutional court, Supreme court

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EL MATRIMONIO ENTRE CIUDADANOS DEL MISMO SEXO: ¿DERECHO FUNDAMENTAL U OPCIÓN LEGISLATIVA? — Research Paper | ScholarLens