Essay about The Australia Constitution's Definition of Marriage

Essay about The Australia Constitution's Definition of Marriage

Length: 997 words (2.8 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Section 51 (xxi) of the Australia Constitution gives Commonwealth power to regulate and define the meaning of marriage. It has been defined as “a formal, monogamous and heterosexual union for life”. This definition of marriage is taken from the 19th century English cases, which are Hyde v Hyde and Woodmansee . However, nowadays, people start to challenge the definition of marriage given in the constitution and demand for the change. They want the definition of marriage includes same sex couples and these couples been given the same rights as heterosexual couples.

Thaler and Sunstein (2008) defined marriage as an official status granted by the state, which the married couple can get symbolic as well as material benefits, such as tax benefits, entitlements and evidentiary privileges. They also argued that why both benefits should be combined under the name of marriage (Thaler & Sunstein, 2008). In my view, the material benefits are relevant to be given to the spouse as to acknowledge the rights of the husband or wife. One of the examples of the material benefits is surrogate decision making, especially when the emergency arises. When you are married, it gives an impression to other people that you are someone who we can trust to make a decision to your spouse. Moreover, married couples have marriage license which show that you are someone who is close and know very well about your spouse. That is why the state provides this benefit to the married couples. Thaler and Sunstein (2008) wanted the state to abolish the system of marriage license as this system divided people into two statuses, which are ‘single’ and ‘married’. I do not see the division of these statuses give a big problem to society as some people are tend to be singl...

... middle of paper ...

... their lives (Landolt, 2007). If a lesbian couple have a son, how do they want to raise the child like other heterosexual families? Who wants to teach the child about being a real man? Who wants to be his role model? Having a father and a mother in a family provides a better environment in raising the children. Both parents can be role model to their children.

In conclusion, it is vital for people to think the pros and cons of the same sex marriage before they vote for it. Every aspect, like children and health, should be taken into consideration before any decision being made. Privatisation of marriage may not be happened as law is still needed to regulate any matter regarding marriage. On the one hand, legalisation of same sex marriage can be seen as equality in human rights. On the other hand, it brings negative effects and harms the society in a long term.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Issue Of Marriage Laws Essay

- Marriage laws in Australia have witnessed a great deal of societal and legislative debate. The Marriage Act 1961 (Cth) (Marriage Act) currently defines marriage as being between a man and a woman, eliminating the ability of a marriage between two people of the same sex to be considered lawful. This literature review will consider the legislative alternatives available to parliament, should it choose to enact same-sex marriage laws. To consider the legislative alternatives, the legitimacy of such laws under the Australian Constitution (Constitution) will be considered....   [tags: Same-sex marriage, Marriage, Law, United Kingdom]

Better Essays
1372 words (3.9 pages)

Essay on Same Sex Marriage Should Be Legalized

- Is it true that some countries in the present years have accepted same-sex marriage. Same-sex marriage legalization has peaked around the world in the recent years (Crespi, 2015). Similarly, Farmer and Horowitz (2015) support the idea that many countries are legalizing same-sex marriages. Many countries currently have national laws allowing lesbians and gays to marry, mostly in America and Europe. However, a growing number of governments are still considering whether to offer legal recognition to same-sex marriage....   [tags: Same-sex marriage, Homosexuality, Marriage]

Better Essays
1222 words (3.5 pages)

The True Definition Of Marriage Essay

- What is the true definition of marriage. Is it about “religious freedoms or obeying the law”, The Merriam Webster dictionary the full definition is “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law. Also the states of being united to a person of the same sex in a relationship like that of a traditional marriage” (Merriam Webster). Gay marriage has always been a controversial topic and I wanted to look more into the many reasons people get worked about it....   [tags: Same-sex marriage, Marriage, Homosexuality]

Better Essays
1622 words (4.6 pages)

Definition And Definition Of Marriage Essay

- I think that in today’s society the entire idea/definition of marriage has changed from what it used to be not all that long ago. The actual definition in the dictionaries has been altered as well these days. It has become a word that, depending on what a person’s beliefs are, may have a completely different definition. I know what it means to me, even though I am not married myself. So what is it really. Definition one from Merriam Webster reads as follows: the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law....   [tags: Marriage, Family, Divorce, Husband]

Better Essays
717 words (2 pages)

The Biblical Definition Of Marriage Essay

- Like most facets of spirituality, the biblical definition of marriage is unique and personal. Boiling down such an experienced-based practice into a definition of several sentences is troublesome. However, articulating the theological meaning of marriage allows Christ-followers to discover the important spiritual aspects of matrimony and to discern whether same-sex unions belong in the Christian church. Although it appears as if same-sex relationships directly conflict with the articulation of marriage given in most accounts, I contend that same-sex relationships satisfy the biblical definition of matrimony....   [tags: Homosexuality, Same-sex marriage, Marriage]

Better Essays
1078 words (3.1 pages)

Traditional Definition Of A Good Marriage Essay

- New definition of a Good Marriage Multiple couples that marry at a young age or at whatever age; “believe to be in love” when their marriage is awful and don 't trust each other at all, that 's not a good marriage in other people 's eyes. A good marriage is when two people love, trust, care for each other endlessly, and just see them as their only lover. A good marriage is important because when couples marry each other they are willing to commit to them for the rest of their lives because they love each other extremely, enough to be with just their significant other for eternity....   [tags: Marriage, Alimony, Love, Divorce]

Better Essays
703 words (2 pages)

The 's Definition Of Marriage Essay

- Webster’s definition of marriage is a union between two loved ones, but do we all have a concept of what marriage truly is. The way we view marriage today differs greatly from the past. Our views and opinions on marriage and its meaning have changed considerably. Marriage is not necessarily less valued, but just viewed differently. Some might see marriage as a promise two god and two loved ones. Other people might see marriage as a contract. Marriage has been around for more than recorded history....   [tags: Marriage, Family, Divorce, Alimony]

Better Essays
881 words (2.5 pages)

Essay on Same Sex Marriage Is A Right Protected By The Constitution

- “As the judge of this court, I hereby make a decision that this man can’t get married to his boyfriend because it’s uncommon and it’s against the constitution.” Imagine hearing this in court or in any other places that two people who love each other can’t get married and raise a family because they’re both from the same sex. Until June 26, 2015, the United States Supreme Court ruled that gay marriage is a right protected by the Constitution in all fifty states. Prior to the Supreme Court decision, same-sex marriage was already legalized in thirty-seven states and Washington, DC, but was banned in the remaining thirteen states....   [tags: Same-sex marriage, Marriage, Homosexuality]

Better Essays
2270 words (6.5 pages)

The Constitutional Right Of Gay Marriage Essay

- The constitutional right of gay marriage is a hot topic for debate in the United States. Currently, 37 states have legal gay marriage, while 13 states have banned gay marriage. The two essays, "What’s Wrong with Gay Marriage?" by Katha Pollitt and "Gay "Marriage": Societal Suicide" by Charles Colson provide a compare and contrast view of why gay marriage should be legal or not. Pollitt argues that gay marriage is a constitutional human right and that it should be legal, while Colson believes that gay marriage is sacrilegious act that should not be legal in the United States and that “it provides a backdrop for broken families and increases crime rates” (Colson, pg535)....   [tags: Marriage, Family, United States Constitution]

Better Essays
938 words (2.7 pages)

Australian Constitution with Reference to Key High Court Decisions Essay

- Australia’s constitution is more than a legal document; it is a document that has been living for 200 years now and sets out a framework on how Australia should be governed, it sets out the rules and laws that are in place for the country to abide by as a nation. It provides an understanding between the Commonwealth and State Governments as to who has the responsibility to govern each legislature. As Australia changed from being separate colonies to form a whole and become the commonwealth, many changes were made, the constitution was founded and federation began....   [tags: australian history]

Better Essays
1578 words (4.5 pages)