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SAME-SEX WEDDING IN THE BRAZILIAN SUPREME COURT: Legal Reasoning while the danger of a Regressive Turn 1

SAME-SEX WEDDING IN THE BRAZILIAN SUPREME COURT: Legal Reasoning while the danger of a Regressive Turn 1

Casamento homoafetivo no Supremo Tribunal Federal: argumentacao juridica e o risco de retrocesso

* Fundacao Getulio Vargas, Sao Paulo, SP, Brasil. Email: flavia. Puschel@fgv.br

This paper investigates how long the Brazilian Supreme Court has argumentatively committed it self to upholding marriage that is same-sex the facial skin of potential restrictive legislation on the basis of the thinking the court utilized in its 2011 ruling about same-sex domestic partnerships. The paper concludes that the separation of litigation over domestic partnerships and wedding could have generated the possibility of a turn that is regressive homosexual liberties with this matter.

KEYWORD PHRASES: same-sex wedding; same-sex domestic partnership; Brazilian Supreme Court; appropriate thinking; separation of capabilities

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