Law Reform
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Evaluate the role of law reform in achieving just outcomes for family members and society
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-Recognition of same-sex relationships
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Olivia Jane
To achieve just outcomes, justice needs to be done and seen to be done. To do this the law must adapt to accommodate society’s changing needs and attitudes. This means that, over time, new laws must be introduced and old ones repealed or amended. The decriminalizing of homosexuality is one area in which law reform has been driven by changes in society’s values and the consequent advancement of society in recognizing equality and justice for its members, through recognition of non-traditional family structures. The effectiveness of law reform in achieving just outcomes for family members and society can be evaluated by examining issues such as the treatment of same-sex couples in adoption, recognition of same-sex marriage and same-sex couples having equal rights under the law, for example under inheritance laws, health and other insurances, superannuation entitlements and other aspects of social contract.
In the case of Re J & M 2004, Ms. F and Ms. B were in a same-sex relationship. Ms. F gave birth to twins after IVF treatment. The couple separated and the Federal Magistrates Court granted them joint responsibility ‘in the best interests of the children’. This case demonstrates laws that look at “what is in the best interest of the child” rather then whether couples adopting are in a traditional relationship, two women are equally effective at achieving just outcomes for family members as a man and a woman. Therefore the two women were granted joint responsibility of the two children, even though they were a same-sex couple, as it was seen as beneficial to the children’s wellbeing. Another example, this one demonstrating equality of financial responsibility is the
Evaluate the role of law reform in achieving just outcomes for family members and society
-------------------------------------------------
-Recognition of same-sex relationships
-------------------------------------------------
Olivia Jane
To achieve just outcomes, justice needs to be done and seen to be done. To do this the law must adapt to accommodate society’s changing needs and attitudes. This means that, over time, new laws must be introduced and old ones repealed or amended. The decriminalizing of homosexuality is one area in which law reform has been driven by changes in society’s values and the consequent advancement of society in recognizing equality and justice for its members, through recognition of non-traditional family structures. The effectiveness of law reform in achieving just outcomes for family members and society can be evaluated by examining issues such as the treatment of same-sex couples in adoption, recognition of same-sex marriage and same-sex couples having equal rights under the law, for example under inheritance laws, health and other insurances, superannuation entitlements and other aspects of social contract.
In the case of Re J & M 2004, Ms. F and Ms. B were in a same-sex relationship. Ms. F gave birth to twins after IVF treatment. The couple separated and the Federal Magistrates Court granted them joint responsibility ‘in the best interests of the children’. This case demonstrates laws that look at “what is in the best interest of the child” rather then whether couples adopting are in a traditional relationship, two women are equally effective at achieving just outcomes for family members as a man and a woman. Therefore the two women were granted joint responsibility of the two children, even though they were a same-sex couple, as it was seen as beneficial to the children’s wellbeing. Another example, this one demonstrating equality of financial responsibility is the