Essay Same Sex Relationships

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Grade: HSC
Subject: Legal Studies
Resource type: Essay
Written by: Anastassia Simonian
Year uploaded: 2020
Page length: 4




Evaluate the effectiveness of the law in achieving justice for all parties involved in relationship breakdowns

Marriage is a significant area of family law yet to meet the needs of contemporary society, it is anachronistic, lagging in responsiveness and infringes on the basic liberties of same-sex couples. It beggars belief that successive governments have failed to address the issue adequately despite the ratification of the ICCPR in 1966. Whilst there has been significant movement towards some level of equality, recognising these individuals as de-facto, the law still regards homosexual couples as second- class citizens. At present, the current government has made minimal movement towards effectively recognising these rights due to the proposed implementation of a resource inefficient, non-binding plebiscite. The key question is whether federal power is limited by the view of 19th Century framers of the constitution that ‘marriage’ means a union between a man and a woman. As societal values progress towards accepting and recognising same-sex relationships, the law should evolve to encompass these views, providing rights for all citizens indiscriminate of their private, sexual relationships.

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