Sir mark potter and the protection of the traditional family: Why same sex marriage is (still) a feminist issue

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Sir mark potter and the protection of the traditional family : Why same sex marriage is (still) a feminist issue. / Harding, Rosie.

In: Feminist Legal Studies, Vol. 15, No. 2, 08.2007, p. 223-234.

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@article{de6728f4c2f4460d9b3c1172c07a7432,
title = "Sir mark potter and the protection of the traditional family: Why same sex marriage is (still) a feminist issue",
abstract = "In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter's adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his restatement of the ideology of the traditional' family as natural, normative and desirable. I argue that this case shows that the exclusion of same sex couples from marriage is a feminist issue, because denying same sex couples access to marriage works to sediment patriarchal ideas and re-inscribe gender roles within the family.",
keywords = "European Convention on Human Rights, Family life, Human rights, Lesbian and gay rights, Same sex marriage",
author = "Rosie Harding",
note = "Copyright: Copyright 2007 Elsevier B.V., All rights reserved.",
year = "2007",
month = aug,
doi = "10.1007/s10691-007-9057-y",
language = "English",
volume = "15",
pages = "223--234",
journal = "Feminist Legal Studies",
issn = "0966-3622",
publisher = "Springer Verlag",
number = "2",

}

RIS

TY - JOUR

T1 - Sir mark potter and the protection of the traditional family

T2 - Why same sex marriage is (still) a feminist issue

AU - Harding, Rosie

N1 - Copyright: Copyright 2007 Elsevier B.V., All rights reserved.

PY - 2007/8

Y1 - 2007/8

N2 - In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter's adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his restatement of the ideology of the traditional' family as natural, normative and desirable. I argue that this case shows that the exclusion of same sex couples from marriage is a feminist issue, because denying same sex couples access to marriage works to sediment patriarchal ideas and re-inscribe gender roles within the family.

AB - In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter's adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his restatement of the ideology of the traditional' family as natural, normative and desirable. I argue that this case shows that the exclusion of same sex couples from marriage is a feminist issue, because denying same sex couples access to marriage works to sediment patriarchal ideas and re-inscribe gender roles within the family.

KW - European Convention on Human Rights

KW - Family life

KW - Human rights

KW - Lesbian and gay rights

KW - Same sex marriage

UR - http://www.scopus.com/inward/record.url?scp=34249906434&partnerID=8YFLogxK

U2 - 10.1007/s10691-007-9057-y

DO - 10.1007/s10691-007-9057-y

M3 - Review article

AN - SCOPUS:34249906434

VL - 15

SP - 223

EP - 234

JO - Feminist Legal Studies

JF - Feminist Legal Studies

SN - 0966-3622

IS - 2

ER -