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SAME-SEX WEDDING WITHIN THE BRAZILIAN SUPREME COURT: Legal Reasoning together with danger of a Regressive Turn 1

SAME-SEX WEDDING WITHIN THE BRAZILIAN SUPREME COURT: Legal Reasoning together with 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. E-mail: flavia. Puschel@fgv.br

This paper investigates what lengths the Brazilian Supreme Court has argumentatively committed itself to upholding same-sex marriage in the facial skin of potential restrictive legislation on the basis of the thinking the court found in its 2011 ruling about same-sex domestic partnerships. The paper concludes that the separation of litigation over domestic partnerships and wedding could have resulted in the possibility of a turn that is regressive homosexual legal rights about this matter.

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