Preview

Assess The Effectiveness Of The Legal System Essay

Good Essays
Open Document
Open Document
689 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Assess The Effectiveness Of The Legal System Essay
Assess the effectiveness of the legal system’s attempts to protect the rights of same-sex couples

The Legal System has been relatively effective in protecting the rights of same sex couples when approaching the legal issues of equality, enforceability and protection and recognition of individual rights.

As society evolves it grows in diversity and acceptance to which regard the legal system must change to better serve societies needs and values. With reference to this the legal system’s approaches to protect and recognise the rights of same sex couples in relation to same-sex marriage has proven to be ineffective. Whilst there has been reform through the Corbett v Corbett 1970 (One of the couple had undergone a sex change operation so the courts reformed the sex requirement from birth certificate to the …show more content…
Adoption for same-sex couples has been available since 2010 in NSW. Australia’s first legal gay adoption took place in western Australia June 2007 but the federal government under Prime Minister John Howard moved to pass a legislation not to recognise adoptions taken place overseas by same-sex couples. The Adoption Act 2000 provided equality in adoption in same-sex adoption stating “Two persons who are a couple may, subject to this Act adopt a child’. However the legislation has not stopped discrimination The Australian Christian Lobby, formed in 1995, and the Catholic Australian Family Association, formed in 1980, strongly opposes same-sex rights such as adoption and marriage. It is through their influences that the struggle to protect the rights of same-sex couples and provide the couples equality before the law being hindered. The Legal system’s approach to protecting the rights of same sex couples have been effective in regards to adoption although there are yet areas to reform to better serve societies
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Annotated Bibliography: Homosexual Couples In The United States
    • 411 Words
    • 2 Pages

    Annotated Bibliography: Homosexual Couples In The United States

    Introduction: This paper will examine why homosexual couples should have the right to marry. Throughout this paper many different issues will be brought up including: political issues, religious issues and legal issues.…

    • 411 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Legal Studies: Tips on Hsc Extended Responses Essay Example
    • 1579 Words
    • 7 Pages

    Legal Studies: Tips on Hsc Extended Responses Essay Example

    In contemporary Australia there exists a wide variety of family structures. Traditionally however, the law has mainly recognised the nuclear family and has been slow to recognise other family arrangements, particularly same-sex couples. As a consequence, not all families receive equal recognition under the law. To improve justice for all people, there has been a gradual movement towards equality for all family units, regardless of their composition.…

    • 1579 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Scots Family Law
    • 243 Words
    • 1 Page

    Scots Family Law

    Reforms within the field of Scots Family Law in the course of the 21st century have transformed the lives of many individuals living within the Lesbian, Gay, Bisexual and Transgender (hereafter, LGBT) community. Legal recognition of the transsexual in their acquired gender was a fundamental step towards by Scotland Government to conform with the principles of equality enshrined within the European Convention on Human Rights (hereafter, ECHR). The validity of the statement above will be assessed in terms of the extent to which reforms in Scots Family Law meets the needs of individuals classified as transsexuals.…

    • 243 Words
    • 1 Page
    Good Essays
    Read More
  • Powerful Essays

    Triple Language Analysis Essay (Gay Marriage)
    • 1904 Words
    • 8 Pages

    Triple Language Analysis Essay (Gay Marriage)

    The issue of whether or not gay marriage should be accepted in Australia has been largely debated in politics and among the general public for a while now, and it seems as though it will remain a continuous issue for some time to come. The majority of Australians are currently split over whether the traditional view of marriage being solely between a man and a woman should be preserved, or whether this view of marriage is out-dated and should be redefined in order to allow gays the right to marry. The Australian Labor Party was also divided on this issue at a recently held federal conference. In the opinion piece “Welcome, gays, to… what?” (published in the Herald Sun in December 2011), Wendy Tuohy contends in a supportive tone, that gay marriage should be allowed in Australia, and in a more inquisitive and somewhat deflated tone goes on to question the meaning and necessity of marriage in today’s world. Similarly, Michael Newton believes that our laws should reflect on the new sets of values which are present in the modern world. In his letter to the editor titled “It is nonsense to cling to the past” (published in The Age on the 16th of November 2011), he presents a reasoned point of view, that although marriage has had a certain meaning in the past, to assume that it should stay that way would be completely irrational. A contrasting viewpoint is presented in the opinion piece “Tsunami-sized backlash on same-sex marriage looms” (published in The Australian on the 12th of December 2011), in which Barry Cohen attacks “the pro-gay marriage brigade”, expressing his traditionalist views and stark rejection of same-sex marriage in a very deprecating and slightly satirical tone. A cartoonist named Spooner drew a cartoon (published in The Age on the 22nd of November 2011) which presents two clashing views of the issue. A non-Christian audience would derive a message in support of giving gays the right to marry, whilst a religious audience may see the opposite.…

    • 1904 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Good Essays

    Judicial Review Pros And Cons
    • 492 Words
    • 2 Pages

    Judicial Review Pros And Cons

    Same-sex marriage is now legal across all US states due to a recent ruling from the Supreme Court of America (reference). Judicial review is the authority of a court to repeal unconstitutional government laws and actions (textbook reference). Theoretically, judicial review is there to “protect[] the constitutional rights of individuals” from arbitrary powers of the government. In practice, the court’s ability to do that varies between countries based on their constitutions. Some courts are able to strike down legislations while others can only criticize them. However, there have been debates about how judicial review is undemocratic in nature. This paper aims to argue for the importance of judicial review by further analyzing its characteristics…

    • 492 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Legal - Effectiveness of the Criminal Justice System
    • 1095 Words
    • 5 Pages

    Legal - Effectiveness of the Criminal Justice System

    Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.…

    • 1095 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Why Homosexuals Deserve an Equal Opportunity to Marriage
    • 1566 Words
    • 7 Pages

    Why Homosexuals Deserve an Equal Opportunity to Marriage

    A very big topic that lingers on the hearts and minds of so many Americans today, on the desks of so many politicians and in so many courtrooms around the country today is gay marriage. There are two very identifiable sides to this debate and both sides have very defendable points of view, which are constantly being publically expressed by radicals and extremist from both sides of the spectrum. My point of views differ from those who believe that gay marriage should remain illegal however, I am going to look at both sides of this huge debate and argue the point that homosexuals should be granted the right to marry whomever they please because it is not only unconstitutional, but unjust and logically improper to forfeit to this group of people the same, equal rights to marriage as heterosexuals simply because of their sexual orientation.…

    • 1566 Words
    • 7 Pages
    Good Essays
    Read More
  • Powerful Essays

    Informal Logic
    • 2064 Words
    • 9 Pages

    Informal Logic

    In the United States marriage laws are not supposed to discriminate, yet many people believe that marriages are clear religious and official vows, between a man and woman, which include the ultimate expression of love. The traditional belief does not claim a specific sexual orientation for homosexuals in this country who are Americans, and have the right to marry. This essay identifies specifically to the question; “Should homosexuals be able to marry.” Some people say “yes” and some say “no. Therefore, an evaluation of the marriage laws for the United State that allows homosexuals marriages, and the fact that the Universal Declaration of Human Rights and Constitution claim that homosexuals are equal, and have the same rights and limits as heterosexuals.…

    • 2064 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Media Bias
    • 640 Words
    • 3 Pages

    Media Bias

    The New York Times’ article about the Supreme Court taking up the same-sex marriage issue was clear and accurate. There were good statistics about states’ involvements in the on-going debate. There were hyper-links to other topics related to this article such as Social Security benefits, estate taxes, Proposition 8, and domestic partnerships in specific states. The facts that were reported in this New York Times’ article were specific and detailed enough to gather the message of the topic being presented. Other facts that support the topic, although not detailed in this report, allow for readers to research further at their own will, using the provided links.…

    • 640 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Opposing Viewpoints
    • 1126 Words
    • 5 Pages

    Opposing Viewpoints

    Wilkins, Richard G. "The Constitutionality of Legal Preferences for Heterosexual Marriage." Family in America June 2001: n. pag. Rpt. in Homosexuality. Ed. Helen Cothran. San Diego: Greenhaven, 2003. Current Controversies. Opposing Viewpoints in Context. Web. 5 May…

    • 1126 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Arguments Against DOMA
    • 985 Words
    • 4 Pages

    Arguments Against DOMA

    The purpose of this paper is to provide a history and overview of the Defense of Marriage Act (DOMA). Next, I will analyze the impact that this policy has had on LGBTQ individuals. Finally, this paper will review support and opposition to the bill, which will conclude with personal views regarding this issue.…

    • 985 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Writing Project three
    • 1642 Words
    • 5 Pages

    Writing Project three

    Barkacs, Linda L. “Same Sex Marriage, Civil Unions, And Employee Benefits: Unequal Protection Under The Law – When Will Society Catch Up With The Business Community?” Journal Of Legal, Ethical and Regulatory Issues 11.2 (2008) 33-44.…

    • 1642 Words
    • 5 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Law Reform- My Report
    • 568 Words
    • 3 Pages

    Law Reform- My Report

    * the current law recognizes same sex relationships with the legislation act 2008 received Royal assent on 9, December 2008. It removes discrimination against same-sex couples and their children from a wide range of Commonwealth laws and programs. As part of the Act, the Health Insurance Act 1973 has been amended to recognize same-sex relationships and allow same-sex couples and their children to register as a family for Medicare Safety Net purposes, and…

    • 568 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Evaluate the Effectiveness of the Austraian Legal System in Adressing Family Issues
    • 2303 Words
    • 10 Pages

    Evaluate the Effectiveness of the Austraian Legal System in Adressing Family Issues

    Evaluate the effectiveness of the Australian legal system in recognising and protecting the changing nature of the family’.…

    • 2303 Words
    • 10 Pages
    Powerful Essays
    Read More
  • Best Essays

    The Gay Rights Movement
    • 3319 Words
    • 14 Pages

    The Gay Rights Movement

    Thesis Statement: The Gay Rights Movement dates back to the 19th century. By 1970 gay and lesbian organizations existed all over the United States and in other countries all over the world. Some supporters of the movement would say that our society as a whole has made great strides towards acceptance of homosexuality. However, gays and lesbians are still fighting for equality in 2009. The issues are vast and widespread, with same-sex marriage at the top of the list. In the world that we live in today one might be surprised to learn how many countries are accepting of gay and lesbians, as well as how many are not. The world has made progress within the last decade regarding this issue, but definitely not enough. We need to take steps to protect and balance Gay rights.…

    • 3319 Words
    • 14 Pages
    Best Essays
    Read More

Related Topics