Submitted by Neusa Fagundes (neusa.fagundes@unioeste.br) on 2017-09-29T14:04:33Z No. of bitstreams: 1 Alcemar_Araújo2017.pdf: 859525 bytes, checksum: 4d1b71f3e10b20ae661e8f8f1b982fd9 (MD5) / Made available in DSpace on 2017-09-29T14:04:33Z (GMT). No. of bitstreams: 1 Alcemar_Araújo2017.pdf: 859525 bytes, checksum: 4d1b71f3e10b20ae661e8f8f1b982fd9 (MD5) Previous issue date: 2017-02-17 / The present work has the objective of analyzing the functioning of the journalistic discourse and its processes of production of meanings about 'marriage between people of the same sex' (hereinafter CPMS), in Portugal and Brazil, based on news published in Jornal Diário de News - one of the morning newspapers and one of the main references in Portugal in relation to the circulation, which comprise the periods of June 2010 (when Law No. 9/2010 was approved, which came into effect on June 5, which Allows the CMPS) and June 2011 and, in Brazil, in the G1 News Portal, which, according to the Alexa Internet ranking, is one of the most accessed Brazilian news portals in the country, maintained by Globo.com and under guidance Of Central Globo de Jornalismo, which cover the months of May 2013 (month in which Resolution 175, authorizing the CPMS in Brazil was approved) and May 2014. The temporal cut that we established for the management of the corpus is cohesive with The theoretical proposal that will help us in the analysis of the subjects, since we will observe how the CPMS and, consequently, the homosexuality circulates in these means of communication. The research is based on the French concept of Discourse Analysis, in which we seek to understand how ideology is inscribed in the language and how the subject and the sense are interpellated by the ideology. Based on the thinking of authors such as Pêcheux (1988, 1990), Orlandi (1987, 1999, 2005), Brandão (2008, 2012), Mariani (1998, 1999, 2007), among others, we will observe the aspects related to the processes of sense production And the interpellation of the subject, so that we can discuss the discursive processes that permeate the construction and circulation of journalistic discourse. We intend, above all, to understand how the imaginary formations about sexual diversity become naturalized in the pages of these newspapers, formulating a memory of the future about the CPMS and the homosexual subjects. / O presente trabalho tem por objetivo analisar o funcionamento do discurso jornalístico e seus processos de produção de sentidos sobre o ‘casamento entre pessoas do mesmo sexo’ (doravante, CPMS), em Portugal e no Brasil, a partir de notícias veiculadas no Jornal Diário de Notícias - um dos jornais matutinos e uma das principais referências em Portugal em relação à tiragem, que compreendem os períodos de junho de 2010 (data em que foi aprovada a Lei nº 9/2010, que entrou em vigor no dia 5 de junho, que permite o CMPS) e junho de 2011 e, no Brasil, no Portal de Notícias G1, que, de acordo com o ranking do Alexa Internet, é um dos portais de notícias brasileiros mais acessados do país, mantido pela Globo.com e sob orientação da Central Globo de Jornalismo, que abrangem os meses de maio de 2013 (mês em que foi aprovada a Resolução nº 175, que autoriza o CPMS no Brasil) e maio de 2014. O recorte temporal que estabelecemos para a gestão do corpus é coeso com a proposta teórica que nos auxiliará na análise das matérias, uma vez que observaremos de que forma o CPMS e, consequentemente, a homossexualidade circula nestes meios de comunicação. A pesquisa está fundamenta a partir da concepção francesa de Análise do Discurso, na qual buscamos compreender como a ideologia se inscreve na língua e como o sujeito e o sentido são interpelados pela ideologia. Baseado no pensamento de autores, como Pêcheux (1988, 1990), Orlandi (1987, 1999, 2005), Brandão (2008, 2012), Mariani (1998, 1999, 2007), entre outros, observaremos os aspectos relacionados aos processos de produção de sentidos e a interpelação do sujeito, para podermos discutir os processos discursivos que permeiam a construção e a circulação do discurso jornalístico. Nos propomos, sobretudo, a compreender como as formações imaginárias acerca da diversidade sexual se naturalizam nas páginas desses jornais formulando uma memória do futuro sobre o CPMS e os sujeitos homossexuais.

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Should same sex couples have a right to marriage? This question has been debated frequently during the last two decades. The legislation across Europe shows a divide between countries that have legalised same-sex marriage and countries that have introduced constitutional bans on same-sex marriage. Using a theory that emphasises the moral dimension of human rights, I examine the right to marriage in the European Convention of Human Rights from an ethical perspective. The purpose of this thesis is threefold. The first aim is to investigate how the right to marriage is regulated in The European Convention on Human Rights and how its interpreted by The European Court of Human Rights. The second aim is to identify and assess central arguments in the debate about same sex marriage from a human rights perspective. The third and final aim is to perform a critical examination of the right to marriage in the European Convention of Human rights from an ethical perspective.   This study shows that The European Court of Human Rights is cautious in its interpretation of the right to marriage and has chosen to await a European consensus before including same-sex couples in the right to marriage. By looking closer at the evolutionary interpretation of the convention, as discussed by George Letsas & Kanstantsin Dzehtsiarou, I conclude that this interpretation should be based on certain moral principles. Through the examination of central arguments in the same-sex marriage debate I draw the conclusion that same sex couples have a moral right to marriage. Thus, this thesis suggests that there is a contradiction between the moral dimension of human rights and The European Court of Human Rights interpretation of the right to marriage for same-sex couples. I therefore argue that there should be an ethical demand to include same sex-couples in the right to marriage.

Scholarly research on the subject of the swift pace of change in support for same-sex marriage has evolved significantly over the last ten years. The shift has gone beyond the scholarship's initial description amongst demographic groups on how opinion has changed on gay rights issues, like same-sex marriage, to an examination of why the change has occurred. A great deal of the initial research on the topic seemed to focus on demographic traits that suggested a greater propensity toward support for same-sex marriage as time went on. Is the existent literature sufficient to explain why such a dramatic change in public opinion has occurred in the United States? My goal in this paper is to explore the plausibility that electoral events and the public dialogue/debate that surround them have accelerated the impact described in the four predominant theories, cohort succession, contact theory, intracohort theory, and media exposure. This paper includes three separate hypotheses to explore the possible connections between efforts to restrict gay rights at the ballot box and the ever-increasing support for same-sex marriage in public opinion polls. The results provide some preliminary indication that there are plausible connections between individual statewide efforts to restrict gay rights and increases in national public opinion support for same-sex marriage. The first analysis examines electoral events concerning gay rights in states where these issues have faced voters most frequently; California, Maine, and Oregon. The first hypotheses posits a potential connection between exposure to gay rights at the ballot box and greater support for gay rights in subsequent elections concerning gay rights in the same state. No clear or consistent pattern of support emerges for successive electoral measures concerning gay rights where voters have been previously exposed to gay rights question in an electoral context. The second analysis explores national public opinion support for same-sex marriage as statewide ballot measures increase in popularity across the United States. The second hypotheses posits a connection between an increase in statewide electoral events concerning questions of same-sex marriage and an increase in national public opinion support for same-sex marriage with state-to-nation diffusion occurring and prodding upward national public opinion support for same-sex marriage simultaneously. The hypotheses is confirmed by data that suggests as election events on same-sex marriage increase across the United States at the state level, so too increases national public opinion support for same-sex marriage. The third analysis explores the rate of change in support for legal same-sex marriage across the three states where gay rights referenda and ballot initiatives have been most frequent; it posits that in states where voters have greater familiarity with gay rights at the ballot because of previous exposure to them, their support will be greater over time than public opinion measured in other states that have similar political cultures but have not faced the same level of electoral activity on gay rights. The final hypothesis is inconclusive because of the fluid nature of the same-sex marriage debate in the universe of states within the United States. States are handling this salient issue in a number of ways; some legislatures now seem to be taking steps to legalize same-sex marriage statutorily; others may take no action to propel the provision of same-sex marriage equality or end constitutional bans on the practice; while another group of states are leaving activists to litigate the policy in Federal courts or shift the debate toward statewide popular votes on the issue of authorizing same-sex marriage at the ballot box via ballot initiative or referendum.

Same-sex marriage is a subject that has been heavily discussed and argued since the concept of marriage came into existence. Marriage is a relationship that most American citizens are entitled to although it is not yet a fundamental right. As of a very recent court decision, Strawser v. Strange, Civil Action No. 14-0424-CG-C1 finalized on February 9, 2015, Alabama has legalized same-sex marriage; furthermore, thirty-seven states now recognize the legality of same-sex marriage. Marriage, whether it is between a heterosexual or a homosexual couple, should be a fundamental right enjoyed by all. This thesis will explain why same-sex marriage should be a fundamental right. The research presented in this thesis will be scrutinized and thoroughly examined showing the obstacles that same-sex couples face when wanting to legally marry. The United States Constitution, the Due Process Clause, and the Equal Protection Clause will be analyzed and discussed to prove that all fifty states should allow same-sex couples to wed. Citizens view what constitutes a marriage differently depending on their upbringing and residence. This thesis will illustrate why same-sex marriage has been such a widely discussed topic, and it will investigate the influence of religion and the church. Historically, the tradition of marriage has always been between one man and one woman. By examining how the tradition of marriage is changing and using case law decisions, an argument can be formed that marriage should be a fundamental right for all people.

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Text in Afrikaans. / Die definisie van 'n huwelik tref 'n onderskeid tussen heteroseksuele en homoseksuele lewensmetgeselle ten opsigte van die bevoegdheid om te trou. Hierdie onderskeid op grond van seksuele georiënteerdheid mag moontlik ongrondwetlik wees. Voorts is daar 'n menigte regte en verpligtinge wat outomaties uit huweliksluiting spruit, maar nie outomaties op lewensverhoudings van toepassing is nie. Hierdie onderskeid op grond van huwelikstaat mag eweneens moontlik teen die bepalings van die Grondwet van die Republiek van Suid-Afrika, 1996 indruis. Hierdie studie is gevolglik daarop toegespits om ondersoek in te stel na die grondwetlikheid van hierdie twee onderskeide. Die ondersoek word geloods met verwysing na relevante wetgewing en regspraak. 'n Bondige oorsig van fundamentele regte word as agtergrond verskaf. Na afhandeling van die ondersoek word daar aandag geskenk aan die huidige en voorgestelde toekomstige erkenning en regulering van lewensverhoudings in die Suid-Afrikaanse reg, waarna die bevindings saamgevat en krities beoordeel word. SUMMARY The definition of marriage differentiates between heterosexual and homosexual life partners with regard to the capacity to marry. This differentiation on account of sexual orientation may possibly be unconstitutional. Furthermore there are a multitude of rights and obligations that automatically flow from marriage, which are not automatically applicable to life partnerships. This differentiation on account of marital status may also violate the provisions of the Constitution of the Republic of South Africa, 1996. Accordingly this study is aimed at investigating the constitutionality of these two differentiations. The investigation is conducted with reference to relevant legislation and case law. A concise overview of fundamental rights is provided as background. In conclusion of the investigation, attention is paid to the present recognition and regulation of domestic partnerships in South African law, after which the findings are summarised and evaluated critically. / Jurisprudence / LL.M.

With the abolition of apartheid and the introduction of a new constitutional dispensation, the state’s totalitarian exclusion of homosexuals from legal recognition was relegated to a past era. The constitutional commitment to human dignity and equality and the inclusion of sexual orientation as a prohibited ground of discrimination led to the recognition of same-sex life partnerships and, inevitably, same-sex marriage by means of a civil union regime. The object of this study is to investigate the scope of the legal consequences provided to same-sex couples by the Civil Union Act 17 of 2006 and to determine the legal standing of same-sex couples who fall outside the ambit of the Act. The study includes constitutional arguments pertaining to the continued recognition of same-sex life partnerships and a critical analysis of the constitutionality of the Civil Union Act as a separate measure to govern same-sex marriage. This investigation is conducted with reference to relevant legislation and case law. / Private Law / LL.M. (Private Law)

Text in Afrikaans. / Die definisie van 'n huwelik tref 'n onderskeid tussen heteroseksuele en homoseksuele lewensmetgeselle ten opsigte van die bevoegdheid om te trou. Hierdie onderskeid op grond van seksuele georiënteerdheid mag moontlik ongrondwetlik wees. Voorts is daar 'n menigte regte en verpligtinge wat outomaties uit huweliksluiting spruit, maar nie outomaties op lewensverhoudings van toepassing is nie. Hierdie onderskeid op grond van huwelikstaat mag eweneens moontlik teen die bepalings van die Grondwet van die Republiek van Suid-Afrika, 1996 indruis. Hierdie studie is gevolglik daarop toegespits om ondersoek in te stel na die grondwetlikheid van hierdie twee onderskeide. Die ondersoek word geloods met verwysing na relevante wetgewing en regspraak. 'n Bondige oorsig van fundamentele regte word as agtergrond verskaf. Na afhandeling van die ondersoek word daar aandag geskenk aan die huidige en voorgestelde toekomstige erkenning en regulering van lewensverhoudings in die Suid-Afrikaanse reg, waarna die bevindings saamgevat en krities beoordeel word. SUMMARY The definition of marriage differentiates between heterosexual and homosexual life partners with regard to the capacity to marry. This differentiation on account of sexual orientation may possibly be unconstitutional. Furthermore there are a multitude of rights and obligations that automatically flow from marriage, which are not automatically applicable to life partnerships. This differentiation on account of marital status may also violate the provisions of the Constitution of the Republic of South Africa, 1996. Accordingly this study is aimed at investigating the constitutionality of these two differentiations. The investigation is conducted with reference to relevant legislation and case law. A concise overview of fundamental rights is provided as background. In conclusion of the investigation, attention is paid to the present recognition and regulation of domestic partnerships in South African law, after which the findings are summarised and evaluated critically. / Jurisprudence / LL.M.

With the abolition of apartheid and the introduction of a new constitutional dispensation, the state’s totalitarian exclusion of homosexuals from legal recognition was relegated to a past era. The constitutional commitment to human dignity and equality and the inclusion of sexual orientation as a prohibited ground of discrimination led to the recognition of same-sex life partnerships and, inevitably, same-sex marriage by means of a civil union regime. The object of this study is to investigate the scope of the legal consequences provided to same-sex couples by the Civil Union Act 17 of 2006 and to determine the legal standing of same-sex couples who fall outside the ambit of the Act. The study includes constitutional arguments pertaining to the continued recognition of same-sex life partnerships and a critical analysis of the constitutionality of the Civil Union Act as a separate measure to govern same-sex marriage. This investigation is conducted with reference to relevant legislation and case law. / Private Law / LL.M. (Private Law)