Marriage Act 1961
According to the Marriage Act 1961, marriage in Australia is defined as, “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.” It is said that a “good law” is that which consists of five key features; one being that the law reflects the changing values of society (Sykes, 2002). The aspect of marriage being allowed only between a man and a woman has been widely contested among people as society has evolved and this provokes debate.
Considering this, I believe the marital aspects of this definition are outdated as they do not accurately reflect the relatively recent acceptance towards same sex couples and therefore it can be concluded that this law is out of touch with the current needs of society. …show more content…
The Australian Bureau of Statistics 2011 reported that 33 000 Australians stated they were in a same sex relationship (Australian Bureau of Statistics, 2011).
Section 88EA of the Marriage Act 1961 states that “a union solemnized in a foreign country between: (a) a man and a man; or a woman and a woman; must not be recognized as a marriage in Australia.” This means that if, hypothetically, two male partners married in New Zealand where same sex marriage is legal and decided to move to Australia, they would be doing so under the knowledge that according to section 88EA, their marriage will not be recognized and will be void which removes them of certain rights such as being next of kin.
The definition of marriage given in the case of Hyde v Hyde and Woodmansee is stated as one originated from Catholicism. Section 116 of the Australian Constitution stresses the right to have freedom from religion and because of this, why should same sex couples be excluded of marriage rights if the definition is provided by a religion they choose not to identify with?
1.2 “To the exclusion of all …show more content…
According to a census provided by the Australian Bureau of Statistics, the number of same sex couples has risen drastically between the years 2006 and 2011 with a 32% increase. (Australian Bureau of Statistics, 2011) This law has a detrimental impact on the homosexual demographic because through no fault of their own, they are incapable of fulfilling all required criteria to marry. It can be argued that their love is the same, their union is the same and yet they are not afforded the same legal right to marry, again a fact that seems considerably outdated and not aligned with the modern society we live in
Considering this, I believe the marital aspects of this definition are outdated as they do not accurately reflect the relatively recent acceptance towards same sex couples and therefore it can be concluded that this law is out of touch with the current needs of society. …show more content…
The Australian Bureau of Statistics 2011 reported that 33 000 Australians stated they were in a same sex relationship (Australian Bureau of Statistics, 2011).
Section 88EA of the Marriage Act 1961 states that “a union solemnized in a foreign country between: (a) a man and a man; or a woman and a woman; must not be recognized as a marriage in Australia.” This means that if, hypothetically, two male partners married in New Zealand where same sex marriage is legal and decided to move to Australia, they would be doing so under the knowledge that according to section 88EA, their marriage will not be recognized and will be void which removes them of certain rights such as being next of kin.
The definition of marriage given in the case of Hyde v Hyde and Woodmansee is stated as one originated from Catholicism. Section 116 of the Australian Constitution stresses the right to have freedom from religion and because of this, why should same sex couples be excluded of marriage rights if the definition is provided by a religion they choose not to identify with?
1.2 “To the exclusion of all …show more content…
According to a census provided by the Australian Bureau of Statistics, the number of same sex couples has risen drastically between the years 2006 and 2011 with a 32% increase. (Australian Bureau of Statistics, 2011) This law has a detrimental impact on the homosexual demographic because through no fault of their own, they are incapable of fulfilling all required criteria to marry. It can be argued that their love is the same, their union is the same and yet they are not afforded the same legal right to marry, again a fact that seems considerably outdated and not aligned with the modern society we live in