Essay on Law Reform

1990 WordsJun 13, 20138 Pages
------------------------------------------------- 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 This means that, over time, new laws must be introduced and old ones repealed or amended.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…show more content…
However, those in favor of the traditional family (a man and a woman) see this law reform as ineffective, this is evident in the ABC News article Anglicare flags withdrawal over gay adoption bill (2010). Traditional Christian religious groups see this type of law reform as a means of breaking down the fundamental values of traditional family structures and as a consequence breaking down the fabric of our society. Lack of consensus on law reform can create schisms within society that is ultimately very challenging for a cohesive approach to reform. A prominent issue is the right to marry for same-sex couples. The Marriage Act 1961 (Cwlth) and the Family Law Act 1975 (Cwlth) prohibits same-sex marriage in Australia. This legislation is ineffective at providing homosexuals the capacity of forming their own families and therefore can’t deliver just outcomes. Same-sex couples do not have the same rights as heterosexual couples. In 2004 the Howard government passed the Marriage Amendment Act 2004 (Cwlth) to specifically define marriage as “a union between a man and a women”. Family policy, such as the right to marry, if denied to same-sex couples can be seen as denying basic individuals a right within a democracy that essentially promotes equality. This can be argued to be a fundamental
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