The Australia Constitution's Definition of Marriage

986 WordsJun 20, 20184 Pages
Section 51 (xxi) of the Australia Constitution gives Commonwealth power to regulate and define the meaning of marriage. It has been defined as “a formal, monogamous and heterosexual union for life”. This definition of marriage is taken from the 19th century English cases, which are Hyde v Hyde and Woodmansee . However, nowadays, people start to challenge the definition of marriage given in the constitution and demand for the change. They want the definition of marriage includes same sex couples and these couples been given the same rights as heterosexual couples. Thaler and Sunstein (2008) defined marriage as an official status granted by the state, which the married couple can get symbolic as well as material benefits, such as tax…show more content…
Besides, Sullivan (1996) also claimed that law should recognised same sex marriage and divorce. He put marriage as the highest public recognition of personal integrity; that is why he wanted same sex marriage to be legalised (Sullivan, 1996). Amending the definition of marriage in the constitution is not easy and fast. It needs majority vote from the states and people. If the majority vote for the legalisation of same sex marriage, then only the parliament needs to amend the constitution. Before people voice their opinion, they should think and make research on the impacts of same sex marriage, whether the positive impacts outweigh the negative impacts. Landolt (2007) stated that children grown up well with a father and a mother who can teach them gender identity and their actual role. The relationship period of homosexual couples also is shorter than heterosexual couples. This is because when they have children, the children need stability in their lives (Landolt, 2007). If a lesbian couple have a son, how do they want to raise the child like other heterosexual families? Who wants to teach the child about being a real man? Who wants to be his role model? Having a father and a mother in a family provides a better environment in raising the children. Both parents can be role model to their children. In conclusion, it is vital for people to think the pros and cons of the same sex marriage before they vote for it. Every aspect, like

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