Over the last decade, legal recognition of same-sex relationships in Canada has accelerated. By and large, same-sex cohabitants are now recognised in the same manner as opposite-sex cohabitants, and same-sex marriage was legalised in 2005. Without diminishing the struggle that lesbians and gay men have endured to secure this somewhat revolutionary legal recognition, this article troubles its narrative of progress. In particular, we investigate the terms on which recent legal struggles have advanced, as well as the ways in which resistance (...) to the legal recognition has been expressed and dealt with. We argue that to the extent that feminist critiques of marriage, familial ideology, and the privatisation of economic responsibility are marginalised, conservative and heteronormative discourses on marriage and family are reinforced. Our case studies include two pivotal moments in the quest for legislative recognition of same-sex relationships: the Hearings of the Canadian House of Commons Standing Committee on Justice and Human Rights on Bill C-23, The Modernization of Benefits and Obligations Act, in 2000 and the hearings on Same-Sex Marriage in 2003. We find that the debates operated within a narrow paradigm that bolstered many existing hierarchies and exacerbated conditions for those who are economically disadvantaged. (shrink)

This note critically interrogates the Civil Partnership Act 2004. Through an examination of the legislative background and some of the provisions of the Act, it is argued that civil partnership mirrors a marriage model with some exceptions. In creating this new legal status, the legislation also exacerbates the exclusion of some relationship forms from dominant legal norms. It should be understood as part of an agenda for social inclusion, rather than as radical social change.

Equality policies in Spain have increasingly developed since the creation of the National Women’s Agency (1983). Over a ten‐year period Spain has achieved European standards in equality policies in terms of institutions, budget and legitimization. In a short time Spain moved from a dictatorship to European Union membership, which has brought about enormous changes regarding women’s roles and rights. Other relevant changes concern the political organization of the state: the 1978 Constitution sets a model of regional administrative autonomy, neither centralized (...) nor federal, in which each region has developed gender institutions. Gender‐equality policies constituted the framework for the development of gay and lesbian policies. Both gender equality and gay and lesbian policies have evolved differently at the national and regional levels, with a trend of inclusiveness, more creative policies and institutions at the regional and local levels. In the meantime, the national debate has concentrated on same‐sex marriage, while sexuality is not a topic within gender equality policies. This paper argues that the progressive inclusiveness of lesbians within the equality agenda and the new intersectional perspectives, alongside gay marriage shows an evolution of Spanish citizenship models, largely influenced by the European Union context. (shrink)