ABSTRACT
This paper investigates how far the Brazilian Supreme Court has argumentatively committed itself to upholding same-sex marriage in the face of prospective restrictive legislation based on the reasoning the court used in its 2011 ruling about same-sex domestic partnerships. The paper concludes that the separation of litigation over domestic partnerships and marriage may have led to the risk of a regressive turn concerning gay rights on this matter.
KEYWORDS:
same-sex marriage; same-sex domestic partnership; Brazilian Supreme Court; legal reasoning; separation of powers