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Marriage as a hustle: The evolution of property law and the arrival of same‐sex marriage in Cuba.
- Source :
-
Family Court Review . Oct2024, Vol. 62 Issue 4, p863-876. 14p. - Publication Year :
- 2024
-
Abstract
- This paper tells the coinciding stories of same‐sex marriage's arrival in Cuba and the evolution of Cuban property law. It argues that greater privatization in the Cuban system, including access to real estate ownership and small‐scale entrepreneurship, contributed to (did not solely determine) the advent of same‐sex marriage even though it was, practically speaking, wholly unnecessary to the goal of equalizing same‐sex couples with regard to property rights. Same‐sex marriage nonetheless scaled the priority list for advancing the interests of gays and lesbians in Cubans due, at least in part, to the discursive entwinement of marriage and property allocation including the "common sense" assumption that marriage is a regime of material benefits access to which determines whether gays and lesbians are being treated equally. Key points for the family court community: Same‐sex marriage became legal in Cuba in as part of the 2022 Family Code.The arrival of same‐sex marriage in Cuba was coterminous with rapid transformation of the Cuban economy in the direction of privatization and entrepreneurship.Same‐sex marriage was not a necessary to treating same‐sex partners equally when it comes to property because non‐marital partners have access to the same‐rules as marital partners under the 2022 Family Code.The power of marriage is part distributional and part discursive or hegemonic; i.e., it inhabits a powerful place in the public imagination that can exceed its actual legal significance. [ABSTRACT FROM AUTHOR]
- Subjects :
- *SAME-sex marriage
*PROPERTY rights
*PRIVATIZATION
*EQUALITY
Subjects
Details
- Language :
- English
- ISSN :
- 15312445
- Volume :
- 62
- Issue :
- 4
- Database :
- Academic Search Index
- Journal :
- Family Court Review
- Publication Type :
- Academic Journal
- Accession number :
- 180387699
- Full Text :
- https://doi.org/10.1111/fcre.12818