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Comparing human rights arguments against women's suffrage and samesex marriage
Kubicová, Kateřina ; Hofmannová, Helena (advisor) ; Uhl, Pavel (referee)
This thesis focuses on the new human rights and their significance in the context of current legislation and case law. It defines their content and possibilities of their regulation, as well as provides specific cases and doctrinal concepts. The new human rights include the rights of members of the LGBTQ+ community. This thesis focuses in more detail on the topic of same- sex marriage, which is widely discussed (not only) in the Czech Republic. These marriages have not yet been allowed in our country, although the European trend is different - it is therefore appropriate to ask what the current arguments of their opponents are. They mention, for example, the historical aspects of the institution or the potential threat to traditional schemes. Its supporters, on the other hand, stress the importance of equal rights for all, regardless of their sexual orientation or gender identity. The thesis also uses a traditional constitutional law tool, the proportionality test, to compare these positions, which primarily weighs the importance of the rights on both sides. This paper focuses on comparing the arguments used by contemporary opponents of same-sex marriage with those historically used by opponents of women's suffrage. The primary reason for this choice is that these arguments overlap to a large extent. Yet,...
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Proces zrovnoprávňování neheterosexuálních osob v České republice
JINDRA, Martin
The aim of the bachelor thesis is to map the ongoing process of obtaining equal rights for non-heterosexual individuals in Czechia. Most of the text is devoted to three main periods of time - the First Czechoslovak Republic, period of the nineties in twentieth century and the last five years as milestones of the researched topic. The main contribution of this writing is a summarizing description of key actors, organizational structures, government interventions and social phenomena that played an important role in the legislative changes in human right settlement of these minorities to the heteronormative majority. The Thesis offers a chronological analysis of changes in the perception of non-heterosexual individuals in this territory from 1918 to the present days with the historical context preceding it. To demonstrate the standpoints of the society the writing also presents sociological surveys related to the topic.
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Comparison of gay marriage in the Czech republic with German speaking countires
SMOLOVÁ, Tereza
This bachelor´s thesis deals with possible types of relationships between homosexual couples in the Czech Republic and in the Federal Republic of Germany, the Republic of Austria, the Swiss Confederation and Principality of Liechtenstein, and their comparison. It offers an introduction to the issue of same-sex relationships and concentrates on comparing of the situation in the mentioned countries. It works with valid legal regulations of particular countries, which adjust the relationships of homosexual couples. This thesis also tracks the development of legislation in the process of equalization of homosexual and heterosexual couples in the field of family law to April 2021. The main criterion for comparison of the situation in the mentioned countries is the possibility for same-sex couples to enter a marriage or an analogous kind of relationship with similar rights and obligations, which bears a resemblance to legal relationships between married couples. Except corresponding laws, this bachelor´s thesis concentrates on social context and political development, which reflects the social course of events.
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Openness to samesex marriage from the perspective of religious and nonreligious high school students.
Hejduková, Lucie ; Tuček, Milan (advisor) ; Wirthová, Jitka (referee)
The diploma thesis deals with the attitudes of religious and non-religious high school students towards the possible marriage of same-sex couples. The theoretical part focuses on the process of emancipation of homosexuals up to the present, when the discussion of this issue is a current topic both in society and in the political sphere. The respondents' openness to homosexual marriage is viewed, among other things, through the lens of their religious beliefs. The research group consists of six male and female students of Prague grammar schools, of which three respondents are Christian and three are non-religious. In the form of a semi-structured interview, the study finds out to what extent the respondents are open to the legalization of gay marriage, whether they agree with using the term marriage also for same- sex couples, and what role their religious beliefs play in their opinion on the issue. The results of the study show that five out of six interviewed respondents see the lack of registered partnership as unequal rights compared to the institution of marriage. All religious respondents comment on the nature of homosexuality and the need to increase the rights of homosexual couples. They justify their attitudes due to the influence of the Christian upbringing that was provided to them in the...
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Same-sex marriages as a political topic in the Czech public space
Novotný, Tomáš ; Stauber, Jakub (advisor) ; Hájek, Lukáš (referee)
Bakalářská práce s názvem "Stejnopohlavní sňatky jako politické téma v českém veřejném prostoru" se věnuje mediálnímu obrazu institutu stejnopohlavního manželství z politického hlediska. V kontextuální části je přiblížena definice manželství pro stejnopohlavní páry, současná situace v Evropě a v České republice. Dále práce popisuje kontrast mezi manželstvím a registrovaným partnerstvím. V teoretické části se práce zabývá teoretickými koncepty agenda settingu, za pomoci kterých je ilustrována medializace tématu. V analytické části je provedena metoda obsahové a mediální analýzy prostoru, který je definován v metodologii. Časově je práce ohraničena od vzniku inciativy Jsme fér, která podporuje redefinici manželství, tedy 17. dubna 2017, do konce roku 2021. Dataset, ze kterého vychází analytická část, obsahuje finálních 294 výroků a 5 konkrétních proměnných. Cílem této práce je analýza výroků veřejně činných osobností v mediálním prostoru, v práci jsou také zodpovězeny výzkumné podotázky, které se ptaly kdo se vyjadřoval ke stejnopohlavním manželstvím, jak se o nich vyjadřoval a kdy se o nich vyjadřoval. Práce také detailně popisuje dva návrhy sněmovních tisků, Zákon o ústavní definici manželství jako svazku muže a ženy a Zákon o stejnopohlavním manželství. Aktivity občanských inciativ a lobbing jsou...
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Proposition 8 on Same-Sex Marriages in California in 2008: Campaign and Opinion Polls
Navrátilová, Kristýna ; Calda, Miloš (advisor) ; Schulzová, Helena (referee)
This bachelor thesis deals with same-sex marriage in California. In November 2008 Californian voters approved with small margin constitutional amendment called Proposition 8. This amendment defined marriage as union of one man and one woman. There was very intensive campaign by both opponents and supporters of this ballot initiative. In the first part this thesis analyzes the arguments used in the campaign and tries to clarify them using the previous court decisions and valid laws. The most important and used arguments are about upbringing and education of children, religion, civil rights and traditional marriage. The analysis shows that almost all the arguments that opponents of same-sex marriage are using, were rejected by courts in previous cases or the statements don't rely on facts and existing laws. The second part deals with public opinion polls before voting day and hypotheses, why Proposition 8 succeeded even though the polls indicated otherwise. The most probable explanation appears to be that majority of voters still opposed same-sex marriage. Only some of them didn't realized that if they are against same-sex marriage, they should vote for Proposition 8.
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Differences in legal status of same-sex marriage between selected US states: California, Texas, Florida
Hodboď, Dominik ; Anděl, Petr (advisor) ; Kozák, Kryštof (referee)
This thesis deals with the issue of same-sex marriage in California, Texas and Florida. Gay marriages is a very hot topic nowadays in the US. After the Supreme Court decision in June 2013, which struck down a law that explicitly defined marriage as a union only between a man and a woman, ensued a wave of states legalizing gay marriages. After another Supreme Court decision in October 2014 on the issue, it became legal in the majority of US states to wed couples of the same gender. Texas and Florida did not join these states. California on the contrary legalized same-sex marriages. The thesis searches for reasons of this disparity in legal status of gay marriages between the three states. Particularly it looks at political aspects of the issue. The thesis describes the political situation in the examined states and approach of the politicians to the question of same-sex marriages. It also deals with relevant court cases which are essential to the issue. From the researched outcomes it finds reasons for differences in legal status of same-sex marriages between California, Texas and Florida before the October 2014 Supreme Court decision.
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Extramarital unions (a comparative study of the Czech Republic and France)
Buchtíková, Alžběta ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The topic of this thesis is the legislation of cohabitation outside of marriage. The thesis focuses on the treatment of registered partnership in the Czech legal system and its equivalent in the French legal system - Pacte Civile de Solidarité. The thesis describes the historical development and current legal regulation of this issue, discussing the terms of formation of the partnership, the rights and obligations arising from this partnership and circumstances of termination of the partnerships in both Czech and French legislation. In the conclusion, both legislations are compared.
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Possibilities to Reframe the Debate about the Status of Homosexual Unions: LGBT Examined
Konopásková, Hana ; Šmejdová, Barbora (advisor) ; Salvet, Ondřej (referee)
This paper looks into why those actively opposing same-sex marriage are failing and emphasises the necessity to reshape the discussion going forward. Apart from pointing to underlying causes leading to the social changes epitomised in the redefinition of marriage, it will take a step back and assess the effectiveness of the classical argumentation in support of marriage. It is argued that those standing up against the LGBT offensive must be able to develop a much more informed and comprehensive strategy in that they improve their style and communicative effectiveness, broaden the context of the discourse, and shift its focal point. Chapter 1 reflects on the emergence of same-sex marriage and offers a brief analysis of week points of the counter-campaign. Chapter 2 reflects on the three dimensions in more detail: it outlines a more effective communication strategy; presents some consequences and of same-sex marriage and parallel development and finally establishes the concept of homosexuality as the foundational prerequisite for gay marriage. Chapter 3 examines the current normalisation paradigm of homosexuality from various perspectives. Following this, guidelines are proposed towards a more viable paradigm, inclusive of considering possible developments in the Catholic Church. Keywords...
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The Loving v. Virginia Case and its Impact on the Current Debate about Sexual Minority Rights
Sechovcová, Anežka ; Mertová, Viktorie (advisor) ; Klvaňa, Tomáš (referee)
The bachelor thesis addresses the impact of the Supreme Court case Loving v. Virginia on the U.S. public debate concerning the rights of sexual minorities, concentrating on the right to marry. In the 21st century, the LGBTQ rights supporters have focused primarily on the same- sex marriage legalization. In that effort, they considered the 1967 Loving v. Virginia case analogical and they have employed the arguments used in this case to support legalization of same-sex marriage. The Supreme Court decision in the Loving v. Virginia case banned anti- miscegenation laws all over the United States and declared the right to marry to be a fundamental right of all American citizens. This became a key argument in the efforts to legalize same-sex marriage and especially in the 2015 Supreme Court decision in the case Obergefell v. Hodges which has made same-sex marriage legal in the whole U.S. The thesis first gives a historical overview of gay rights in the U.S. which is important for understanding the key court decisions and for making the parallel between interracial marriage and same-sex marriage. Then a content analysis of selected articles from the Washington Post and New York Times journals is provided, reflecting the presence of the interracial marriage (or the Loving v. Virginia case) and same-sex...
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