Introduction
The phenomenon of same sex marriages is relatively new but is gaining popularity day by day. The notion has already been welcomed and enacted as law in different jurisdictions. However it lacks proponents within the UK legal system which is reluctant to allow such relationships to be regulated into marriages. There are two topical situations faced by English law which need to be considered: the right of same sex people to marry and the right of the transsexuals to marry a person of the opposite sex post their gender reassignment. Although English law stands in stark contrast compared to the other democratic states that have allowed same sex marriages. However there have been some recent developments in English law which demonstrate its approach towards the above two situations. This article will argue that the history of English marriage law is one in which the most provocative anxieties raised by transsexual and same sex spouses have been afforded considerable recognition. The first part of the essay outlines the reasoning of English law for non-recognition of same sex marriages celebrated overseas. While the second part points out the acknowledgement English law has afforded to transsexuals.
Part-I Same sex marriages celebrated overseas
Sec.11(c) of the Matrimonial Causes Act 1973 declares that a marriage would be void if the parties to it are not respectively male and female. Apparently this leaves no room for further argument. However there have been a number of occasions where the decision of the UK courts of not allowing recognition to same sex marriages has been challenged. A recent case decided in the High Court highlights the English stance on same sex marriages that took place outside the...
... middle of paper ...
...: http://www. jstor.org/>
Wright, W. 2006. The tide in favour of equality: same-sex marriage in Canada
and England and Wales. International Journal of Law, Policy and the Family [Online]. 20(3). Accessed 12th December 2010]. Available from World Wide Web: http://www. oxfordjournals.org/>
Legislation
Civil Partnership Act 2004
Family Law Act 1986
Gender Recognition Act 2004
Matrimonial Causes Act 1973
Marriage act 1949
Cases
Wilkinson v Kitzinger [2006] EWHC 2022 (fam)
M v Secretary of State for Work and Pensions [2006] 2 WLR 638
Rees v UK (1986) 9 EHRR 56
Goodwin v UK [1996] ECHR 16
Corbett v Corbett [1971] P 83
W v W [2001] Fam. 111
Bellinger v Bellinger [2001] EWCA Civ. 1140
I v UK 35 Eur. Ct. H.R. 592 (2002)
Parry v UK Appl. No. 4297/05
Websites
http://www.wcl.american.edu
http://www.dca.gov.uk/constitution/transsex/statement.html.
Is marriage strictly between male and female, or should it also be open for homosexuals? William Bennett, a well known politician believes in the traditional marriage, being between a male and female. His thesis reads “We are engaged in a debate which, in a less confused time, would be considered pointless and even oxymoronic: the question of the same-sex marriage” (409). Not only is this statement bias, but other elements of his work held problems. The way his case was defended was ineffective to his case. The debate held good statements; it just failed to support the statements. His writing also holds other unacceptable elements, giving his work more reasons to be ineffective. William Bennett’s debate “Against
The Open University (2010) K101 An introduction to health and social care, Unit 1, ‘Care: a family affair’, Milton Keynes, The Open University.
C. Cobley & N. Lowe, ‘The stautory “threshold” under section 31 of the Children Act 1989 – time to take stock’ (2011) Law Quarterly Review 396
As times have progressed, we have seen a tremendous growth in the acceptance of many different relationships such as gay, lesbian, and transgendered. But to some, relationships out of the “ordinary” to them should not be allowed to happen. Although some places and people have now accepted gay marriage, there are also those who prohibit two men, two women, and so on and so forth, to get married. In an anarch...
Traditionally, people involved in homosexual relationships have suffered social persecution in Australia, and there was no legal recognition of their relationship. In recent decades however, these social views have changed, and the law has adapted to reflect societies changing opinion of same-sex relationships. While there has been progress in the recognition of same-sex relationships, the ultimate goal of advocates for same-sex relationships is for them to be seen as equal to opposite-sex relationships, in all regards. The main focus point of this aim for equality is the legalisation of same-sex marriage, which is a highly controversial issue, and has proven difficult for supporters of same-sex relationships to achieve.
In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may involve children, which can make an already tricky situation even more problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the time their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of dispute resolution such as mediation, albeit with its own criticisms, helps to keep relationships afoot in that it provides an opportunity for peaceful and mutual agreements to be made in a more laid back environment.
Love always plays an indispensable role in our life while lesbians, gays, bisexuals, and transgenders are found in all age groups, all social classes, and all nations. Thus, it is obvious that homosexual marriage is one of the most biggest concerns. However, in contemporary life, some people are far more open-minded and support to this issue. Particularly, there are twenty-one countries which legalize same-sex marriage. This kind of marriage should be respected and accepted like heterosexual marriage. In spite of objections, this essay will highlight the main reasons that homosexuals should have equal right to marry.
To come straight to the point, I believe that there is no difference between same sex and traditional marriages regarding validity or moral implications. One could argue that the bond between man and woman is valid, since biologically they are able to have a child. This would go along with scientific theories such as evolution. Yet, man is not an animal. Mankind has elevated himself to a point where we do not rely on instincts, but use our brains in order to survive.
There are numerous issues and opinions canvassed and put forth in Patrick Parkinson’s article ‘Accommodating Religious Belief in a Secular Age: the Issues of Conscientious Objection in the Workplace.’ The arguments surveyed are extremely contentious and as such, analysis of the arguments must be respectful and conscious of the potential offence taken by a person in a similar position. As Parkinson asserts the concerns arise in the midst of rapid social revolution in relation to gay and lesbian relationships becoming more readily accepted coupled with a diminishing patience for those who find it difficult to give those relationships complete and utter acceptance. This assertion is certainly undeniable. Furthermore, in consideration of the issues examined in the article, it is clear that in order for such growth to continue in a positive and more importantly, harmonious manner, our lawmakers and enforcers must target a middle ground. It is not a simple task by any means and one could argue that it is impossible to find such a ground as inevitably, someone will feel that their rights have not been upheld or respected. Nonetheless, Parkinson has effectively analysed the current situation confronting many 21st Century common-law countries in balancing the rights of same sex-couples and the religious
Introduction In becoming relevant persons in the children’s hearing system unmarried fathers have often been on the back foot. However, they are not just disadvantaged in children’s hearings system but in other areas of society. Various campaign groups such as Families need Fathers and Fathers 4 Justice in the UK have been advocating greater rights of contact for unmarried fathers. This essay will go on to consider the gradual development of the position of unmarried fathers as relevant persons, from the Kilbrandon report to the current legislation.
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
The family is the main agent of socialisation and an institution. (Giddens, 2013:339). As children, we rely on our family to fulfil basic needs. We all need guidance, and more importantly we also require nurturing to become healthy adults. The definition of family varies across cultures. However, the family is sensitive to change and, therefore, not static. The structure of the family has changed, and culture and society are now more accepting of the fact that people now choose to cohabit, rather than marry. (Haralambos & Holborn 2009:3). In 2013, there were nearly 1.9 million lone parent households with dependent children in the United Kingdom; a figure which has steadily increased over the years (Office of National Statistics 2013). The rise in lone parents has brought about greater acceptance of pregnancies that do not have to involve marriage although acceptance is not the concern. A study suggests that….
There are many opponents of gay people as it is, and they all have their reasons to dislike the idea of permitting them get married. One of the main reasons is that the primary purpose of marriage is procreation. Because gay couples are unable to have children, they should not be allowed to marry (Schiffen 495). Another main argument is that the word marriage means the union of one man and one woman. This is a long-standing theme of most major Western religions. Under a proposed bill known as the Defense of Marriage act, marriage is defined as “a legal union between one man and one woman as husband and wife.” Furthermore, it defines a spouse as “ a person of the opposite sex who is a husband or wife” (What 1). Under these guidelines, it is quite obvious that gay couples would not be eligible for marriage. People against homosexual marriage also say that it is a person’s choice to be gay. Since the individual chooses to be a homosexual, they should not be given special privileges. Another argument that you hear is that these couples should not get married simply because of the torment and ridicule they would be faced with in their everyday lives. There are news reports from across America telling about how a gay person was beaten or killed just because they were looked at as different. Some of these people would end up the target of verbal abuse and maybe even physical abuse, just because some heterosexual people see them as different.
In recent years, same-sex marriage has become a more controversial topic on whether it’s right or wrong. People should not feel coerced to agree with something they believe is wrong; clearly, same-sex marriage is immoral and unnatural. Many complications come with same-sex marriages including financial pressures, social pressures, moral pressures, and health risks.
The recognition of same-sex marriage is a political, social, and religious issue. Because of this same-sex marriage is a very controversial topic. Legal acknowledgement of same sex marriage is commonly referred to as marriage equality. Many advocates of marriage equality argue that laws restricting marriage to only heterosexuals discriminate against homosexuals. On the other hand advocates against same-sex marriage argue that it would undo long-standing traditions and change the meaning of marriage in a damaging manor. In this essay I will be arguing for same-sex marriage. The arguments mentioned as well as others will be discusses throughout this paper.