The Australia Constitution's Definition of Marriage

Recently, people have been arguing with respect to the definition of marriage. To get married is a very important event for almost everyone. Particularly for women, marriage and giving a birth could be the two major events of their lives. Andrew Sullivan and William Bennett are authors who are arguing about homosexual marriage. Sullivan believes in same-sex marriage because he thinks everyone has a right to marry. On the other hand, Bennett speaks out against Sullivan’s opinion. Bennett makes a claim that marriage is between a man and a woman structuring their entire life together. Both authors’ opinions differ on same-sex marriage. Nevertheless, their ideas are well recognized.

Lobby groups such as Marriage Equality Australia and the NSW Gay and Lesbian Lobby Group were instrumental in securing equal rights for homosexual de facto couples, and are currently campaigns for the legislation of same sex marriage. Despite a galaxy polls show that 63% of Australians were in favour of same-sex marriage (‘Majority of Australia supports same-sex marriage’, January 201, SMH), the law has refused to acknowledge it, enacts the Marriage Act Amendment (2004) to stipulate the definition of marriage as being between a ‘man and a women’. However, former PM Kevin Rudd has acknowledged the movement of same-sex marriage, promising to enact it if he were to be re-elected (PM promises legislation of same-sex marriage, August 2013, SMH). As such, it can be seen that although the law has been slower in recognising same-sex marriage, it is still able to reflect contemporary societal values and issues, thus achieves a just outcome for those in same-sex relationships, protecting the individual rights to

Thus, the act can be unenforceable at times, as seen in the article, “Not so equal when it comes to super” (Star Observer, Lamont, Ani, 2008) That said, the act enables the protection of individuals’ rights to be free of discrimination on the basis of sexual preferences. Furthermore, it meets society’s needs to see equality amongst same sex relationships, which is evident in a survey concluding 72% of Sydney residents are in favour of gay marriage.

In October 2008, resulting from the Australian Human Rights Commission’s (AHRC) report; Same-sex: Same Entitlements, a suite of major law reforms passed federal parliament. This included the Family Law Amendment (De facto Financial Matters and Other Matters) Act (Cth), which recognised relationships that exist outside the traditional heteronormative concept of marriage. Prior to these reforms, there were several different definitions of ‘partner’, ‘couple’,

Marriage has been defined as “the legal status, condition, or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of husband and wife in law for life, or until the legal termination of the relationship.” (Marriage, n.d.) In 1973, Maryland became “the first state to pass a statute banning marriage between same-sex couples.” (Freedom to Marry, 2015) After much debate, on June 26, 2015, the Supreme Court ruled for a ‘Freedom to Marry’ in all states, even against the states who still had a ban on same-sex marriage. (Freedom to Marry, 2015) Obviously, even with a federal ruling and over thirty years, there is still a

Hyde v Hyde 1866 defined the term marriage as: “The voluntary union of one man and one woman at the exclusion of all others for life”. This definition is built of the back of a very morally religious country, and in fact prior to the definition it uses the words “in christendom” . The basis of this concept can be traced right back to the creation of religion with the creation of Adam and Eve as Husband and Wife in the bible . This position has stood the test of time and is still to some extent true in today’s society. However the Legislature and Judiciary have over the last forty to fifty years appeared to severely weaken the position and in some instances have gone as far as saying Hyde is no longer relevant .

Traditional wedding vows state, “I, (name), take you (name), to be my (wife/husband), to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part”(Callaway). Marriage is defined as two people bond together legally under the protection of laws. Couples are able to express and establish their life long relationships officially, publicly, and permanently. Due to the fact that homosexual relationships are increasingly more accepted by the public, gay marriage has become one of the most controversial topics throughout the US. The fundamental human right of marriage should not be limited to a man and a woman;

We define marriage as either a.) “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law” or b.) “the state of being united to a person of the same sex in a relationship like that of a traditional marriage” (Merriam-Webster). Although, until June 26th, 2013, federal law did not recognize the latter definition until Edith Windsor, surviving wife of Thea Spyer who left her entire estate to Windsor sued for spousal rights. Due to the federal Defense of Marriage Act, which states the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife (United States Congress)”, when Spyer passed and left her entire estate to her wife (who she married in Toronto, Canada in 2007, in which same-sex marriage was legalized since June 2003) Windsor was unable to claim spousal exemption on the estate tax, which their legal marriage said she deserved.

Marriage has been defined differently throughout the centuries. Today Merriam-Webster defines marriage as, “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law” (“Marriage”). Due to the recent Lesbian, gay, bisexual, and Transsexual or LGBT movement, Merriam-Webster also added a second line to the definition reading “The state of being

What is the definition of marriage? Over the years, the word marriage has been challenged from its current definition as listed in Merriam-Webster 's Dictionary as an act of marrying or being married between a man and a woman. Marriage can also be defined in the Oxford Dictionary as the formal union of a man and a woman, typically recognized by law, by which they become husband and wife. The word marriage becomes a special type of bond between two people that share the same desire to become the other person’s life partner. Marriage can be challenging between two people based on their current government state laws, in their religious and cultural beliefs as well as challenging to the word to be defined

The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. As a heavily campaigned development currently discussed in law assessment; these extremely confrontational and debatable political questions are facing present day American courts. If same-sex marriage is legalized, its affect on the parents, children, same sex couples, families, and the social and political world will be astronomical. The arguments surrounding the issue though confrontational nonetheless are easily seen from a wide array of perspectives. One of the perspectives states that marriage is a promise to a spouse to stay loyal and faithful in all

Same sex- marriage is still the topic of many peoples conversation across the country. Citizens, divided by politic party, are very passionate about how they feel about it. The president didn’t approve of it at first, but now he finally accepts same- sex marriage, the Judicial System uses its power to dictate to the States, forcing them to accept same- sex marriage. Both houses of Congress continue to debate what marriage means.

As the society changing, the history of marriage also changes. Marriage is legally recognized union of two people as partners in a personal relationship, but do those two partners always have to be a man and a woman? Most people believe that homosexuals should be granted equal rights as heterosexual couples. Being as an important social issue, same-sex marriage has become a hot topic of public debates in the recent years. For over the past decade, public support for the same-sex marriage has quickly risen. The United States is one of over twenty countries that allow gay and lesbian couples to wed. I believe that same-sex marriage should be legalized in all countries for several reasons, such as being an issue of equal rights, separation of church and state, no negative effect on the heterosexual communities, increasing in child adoption, and decreasing divorce and suicide rates.

Dictionary “Marriage [is] the state of being united to a person as a spouse in a legal, consensual,

Marriage can be defined as a socially acknowledged and approved sexual union between two adult individuals. When two people marry, they become kin to one another. The marriage bond also links together a broader range of people. Parents, brothers, sisters and other blood relatives become relatives of the partner through marriage.