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미국 헌법상 성소수자 권리보호와 성적 지향에 대한 평등심사

미국 헌법상 성소수자 권리보호와 성적 지향에 대한 평등심사 (Loan 3 times)

Material type
단행본
Personal Author
김지영, 연구책임
Corporate Author
한국. 헌법재판소. 헌법재판연구원
Title Statement
미국 헌법상 성소수자 권리보호와 성적 지향에 대한 평등심사 / 헌법재판소 헌법재판연구원 [편]
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2016  
Physical Medium
iii, 75 p. ; 26 cm
Series Statement
비교헌법연구 ;2016-B-3
General Note
연구책임: 김지영  
Bibliography, Etc. Note
참고문헌: p. 72-75
000 00000nam c2200205 c 4500
001 000045882623
005 20161007141440
007 ta
008 160923s2016 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000117-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z1 ▼c 2016.B.3a
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 미국 헌법상 성소수자 권리보호와 성적 지향에 대한 평등심사 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2016
300 ▼a iii, 75 p. ; ▼c 26 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2016-B-3
500 ▼a 연구책임: 김지영
504 ▼a 참고문헌: p. 72-75
700 1 ▼a 김지영, ▼e 연구책임
910 0 ▼a Constitutional Research Institute, ▼e
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z1 2016.B.3a Accession No. 111761775 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서 론 / 1
1. 연구의 배경과 필요성 ························································································· 1
2. 연구의 범위 및 구성 ··························································································· 2
Ⅱ. 성소수자의 개념과 권리 / 4
1. 성소수자와 성적 지향 ························································································· 4
가. 성소수자 ········································································································· 4
나. 성적 지향(Sexual Orientation) ······································································· 5
2. 미국에서 성소수자의 법적 권리와 그 제한 ····················································· 7
가. 동성 간의 성행위에 대한 형사법적 규제 ·················································· 7
나. 혼인 및 혼인유사적 결합관계 ····································································· 8
다. 가족제도 관련 ······························································································· 9
3. 성소수자 권리보장 및 차별철폐를 위한 법제도적 노력 ······························ 11
4. 미국 헌법상 성소수자의 권리 ·········································································· 14
Ⅲ. 동성애 행위규제와 프라이버시권 침해 여부 / 17
1. 프라이버시권 ······································································································ 17
가. 헌법적 근거와 주요 보호법익 ··································································· 17
나. 동성애와 프라이버시, 성적 자기결정권 ··················································· 18
2. 동성애 행위에 대한 연방대법원의 입장 변화 ··············································· 19
가. 형사처벌의 대상 ·························································································· 19
나. 헌법상 프라이버시권으로 인정 ································································· 21
3. 검토 ····················································································································· 22
Ⅳ. 성소수자에 대한 차별과 평등심사 / 25
1. 평등보호조항과 심사기준 ················································································· 25
2. 성적 지향을 이유로 한 차별과 평등심사 ······················································· 26
가. 심사기준의 문제 ·························································································· 26
(1) 강화된 심사기준 적용가능성 ······························································ 26
(가) 연방대법원의 입장 ········································································ 26
(나) 학계의 논의 ··················································································· 27
1) 강화된 심사기준 적용이 타당하다는 견해 ·························· 27
2) 합리성심사 기준 적용에 대한 견해 ····································· 29
(다) 주대법원 및 연방하급심에서 심사기준에 대한 판단 ··············· 29
1) 강화된 심사기준을 적용한 사례 ··········································· 29
2) 심사기준 강화에 관한 주장을 배척한 사례 ························ 30
3) 심사기준에 대한 판단을 유보한 사례 ································· 31
(2) 심사기준 충족 여부 ·············································································· 31
나. 기존의 평등심사체계와 별개의 평등보호 법리 ······································ 32
3. 검토 ····················································································································· 34
Ⅴ. 동성간 혼인에 대한 헌법적 보호 / 38
1. 혼인할 권리 ········································································································ 38
가. 근본적 권리로서 혼인할 권리 ··································································· 38
나. 동성간 혼인할 권리 ···················································································· 40
2. 혼인보호법 제3조 위헌 판결 ··········································································· 43
가. 사건의 배경 ································································································· 43
나. 주요요지 ······································································································· 44
다. 검토 ··············································································································· 45
3. 동성혼 합법화 판결 ··························································································· 47
가. 사건의 배경 ································································································· 47
나. 주요요지 ······································································································· 47
(1) 혼인의 역사적 의미와 동성혼 논의의 전개 ······································ 48
(2) 연방헌법상 동성 간에 혼인할 권리가 인정되는지 여부 ················· 49
(3) 사법부의 역할과 한계 ·········································································· 51
(4) 종교적 이유에서의 동성혼 반대가 허용되는지 여부 ······················· 53
(5) 다른 주에서 성립된 동성혼에 대한 불인정이 허용되는지 여부 ···· 54
다. 검토 ··············································································································· 55
4. 평가: 성소수자의 권리 및 차별에 대한 미 연방대법원의 입장 ················· 57
Ⅵ. 결론 - 시사점 / 61
❚참고문헌 ······················································································································· 72

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