Why Same-Sex Marriage's Make Sense, A Small Community's Perspective
Why Same-Sex Marriage's Make Sense, A Small Community's Perspective The Right-Wing ideology of Christian American has provided barriers to same-sex marriages in this country for long enough. Because of this, religious agendas and political fervor have impeded the rational of law makers for too long. In this article I will demonstrate with conviction why same-sex marriages should not only be legal, but also how they will have an overall benefit for society that far out weights any associated costs. We will look at the opposing viewpoints carefully and show how they make little sense in this debate. Lastly, it will be shown that a small community such as Ann Arbor, MI is the perfect environment to begin the movement of allowing same-sex marriages the legal rights of heterosexual marriages. In a country, much less a community like Ann Arbor, where equality is pursued so commendably, one is taken by surprise to find that homosexual marriages are not given the same legal rights as heterosexual ones, nor are they recognized. From this fact one can conclude that the formers of legal policy have decided that same-sex marriages are not equal to heterosexual marriages. Taking this a step further, they have decided one is allowed to choose any heterosexual partner they see fit and enjoy the protection of the law, but one is not allowed to choose a same-sex partner and enjoy those
definition of family
In a social context, the word "family" can be used more flexibly. On the other hand, in a legal context, the word family would be harder to define. From the discussion below, we can see that the definition of family has changed to acknowledge changing social trends and attitudes to a certain extent. In my opinion, family law should focus on the family structure as a whole. This is because family law concerns with mutual rights and obligations. However, it is difficult and in fact impossible for family law to be based only on the family as a whole, especially upon marital breakdown. For example, the law on divorce and domestic violence is self-centered. Nevertheless, the focus should be on the family as a whole as this protects the welfare of a child or children and allows a wider definition of family to be taken in order to reflect changing social trends and attitudes. The best approach to be taken in order for the law to focus on the family structure as a whole would be to adopt the "function-based definition".1 The focus of this approach would not be on technical formalities but rather more concerned with what people do. This gives the courts a wider discretion in defining what amounts to a family in light of changing social trends and attitudes. However, this approach is not without flaws. The main problem would be to answer the question of: "what should the functions of
Who has parental responsibility & what is the significance in having it?
Who has parental responsibility & what is the significance in having it? The Children Act 1989 replaced the traditional approach to parents' 'rights' with a new concept of 'parental responsibility' which is defined in s.3(1) as "all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property." As will be seen, despite the statutory definition, parental responsibility remains an elusive concept and it is has proven difficult to ascertain precisely what it entails. Before reflecting on this question, it is necessary to consider who has parental responsibility. Parental responsibility does not necessarily correlate with legal parenthood; as will be seen a legal parent will not necessarily have parental responsibility although this is indeed a common assumption. In fact, non-parents may be ascribed parental responsibility by virtue of a residence order, an emergency protection order or by being appointed guardian. Therefore unlike legal parenthood which may be attributed to only one mother and one father, parental responsibility may in fact be vested in several people regardless of gender. In this sense it provides a more flexible mechanism for recognising social parenthood. In relation to legal parents, by virtue of s.2(1) of the Children Act 1989, all mothers automatically have parental
Throughout the 20th century, there was a steady rise in the divorce rates in modern industrial societies. Due to this, concern about the consequences divorce has on children has increased.
Throughout the 20th century, there was a steady rise in the divorce rates in modern industrial societies. Due to this, concern about the consequences divorce has on children has increased. In the following essay, I will be discussing the way 'divorce and the consequences it has on children is treated in Malta; with reference to the reading by M.P.M. Richards entitled "The Interests of Children at Divorce". Despite the fact that this article has been written in the 1900's, it still has great relevance up to this day, and in fact divorce is a very hot topic in many societies in the 21st Century. I will also be analysing how the Maltese Catholic Church, the Malta Nationalist Party (PN), the Malta Labour Party (MLP), and the Alternattiva Demokratika (AD) deal with this issue. Despite the fact that the "Ipoll" surveys held by "The Malta Today", in a synergy with the internet and the readers, brought results which showed a majority of readers in favour of divorce, in the question "Should Malta introduce divorce legislation?" (78% - Yes, 22%-No); Malta remains one of the few secular democracies which doesn't have this legislation. Divorce is the scourge of society according to many Roman Catholics and the Catholic hierarchy, which still holds a very central role in Maltese and Gozitan societies. Mr. Charles Buttigieg, a spokesman for the Curia remained firm to the
Briefly explain the key differences between the three types of Alternative Dispute Resolution and explain why they are preferable to the ordinary civil courts.
2. Briefly explain the key differences between the three types of Alternative Dispute Resolution and explain why they are preferable to the ordinary civil courts. Alternative Dispute Resolution (ADR) includes methods of dispute resolution, such as arbitration, conciliation and mediation, all of which fall outside of governmental judicial proceedings, a course of action which can involve a lot of time and financial commitment. These methods of dispute resolution are relatively novel and have many advantages over the more traditional methods - those of civil court proceedings and administrative tribunals - in that they are swifter and often less expensive. This essay will examine the key differences between the above three methods of Alternative Dispute Resolution and will also explain their advantages over the ordinary civil courts. Arbitration is most similar to legal proceedings, whereby each side makes an argument as to the merits of their 'case' and a trained arbitrator decides the outcome both parties should follow (non-binding arbitration) or must follow (binding arbitration). The arbitrator must be an independent individual qualified to impose a solution on the parties in a specific context. Such a solution in arbitration is binding on both parties and even though it can be appealed against in court such an appeal will come under very close scrutiny. Arbitration
The Effects on Children In Same Sex Marriages.
The Effects on Children In Same Sex Marriages Until recently, when questioned for a definition of family, one would respond that a family is a man and a woman living together with their children, or something to such an effect. However, this definition does not hold in today's society. The definition of family has come to represent many different forms, most especially because of the rise in same-sex marriages with children. Continued growth in social acceptance of such families has wiped out the rigid lines once placed around the term family. Legally, same-sex marriages are gaining rights once reserved only for heterosexual families. Nevertheless, there are some who question the effect of having homosexual parents can have on a child. This paper will examine several aspects of development in children from same-sex families in comparison to those raised in heterosexual families. Legally, same-sex couples have overcome many barriers throughout the world. In Quebec, considered to be one of the most liberal in the world concerning homosexual rights, civil unions between same sex couples are legally allowed. As well, homosexual couples have legal rights in adoption and fertility matters. Whereas before when birth certificates allowed only a mother and father's name, today both parents can have their names on the certificate, even if they are of the same sex. Instead of mother
How wide is the term injunction, and why are they granted?
How wide is the term injunction, and why are they granted? An injunction is a court order that prohibits a party from doing something or compels them to do something. They are granted if a case is thought to be unfair. These are the equity remedies. Specific Performance is an injunction, which demands someone, to do something if they said that they would do it. The damages must be inadequate as assessed by the claimant. These injunctions are only be granted when a court is confident that they will be obeyed. The injunction also has to be considered as fair (equitable remedy). Some cases which show specific performance are: Wilson v Northampton & Banbury Junction Railway Co. (1874) and Co-operative Insurance v Argyll Stores (Holdings) Ltd. (1997) An Interlocutory injunction is an injunction intended to preserve the rights of one party to litigation until the formal hearing of the matter. An interlocutory injunction is taken out to stop something but only temporarily. Factors, which will be taken into account before this injunction is taken out, are: * Strength of the plaintiff's case * Irreparable harm suffered if injunction is not granted * Balance of convenience; look at the burdens and the conveniences. One example of what I have found is American Cyanamid Co v Ethicon Ltd (1975) "Quia Timet" (because you fear). A Quia Timet injunction is an injunction granted
Same sex marriages
A man in Idaho was slowly dying in his hospital room after an automobile accident, and was robbed of the ability to say his final goodbyes to the love of his life, his monogamous life partner. This is because visitation rights in hospitals are only given to immediate family, which does not include life partners of the same sex. This right is one of over a thousand that homosexuals are denied. Resolved: Gay marriage should be legalized in the US Definition of Marriage: A socially sanctioned, voluntary, committed, monogamous, legally contracted union, of two adult people, which the federal and state governments recognize by conferring certain rights, privileges and responsibilities, such as finances, taxes, inheritance, child-raising, adoption, visitation, and medical decision making. Plan: We, the affirmative team, believe that same-sex marriages should be legalizes in the U.S. on a federal level. Same-sex couples that choose to marry should receive all the state and federal benefits that heterosexual married couples receive. Our plan is to propose a constitutional amendment to the constitution stating that a state cannot deny granting or recognizing a marriage due to the genders of the partners, and that same-sex marriages will be treated no differently then heterosexual marriages by the state and federal governments. Our contentions are that the denial of same
Are cohabiting couples treated as if they were married? Critically review recent proposals to reform this area of law.
"Research indicates that a majority of cohabitants believe in the "common law marriage myth": the idea that unmarried couples who are living together are, after a certain amount of time, treated for all purposes by the law as if they were married." Law Commission (303) Cohabitation: The Financial Consequences of Relationship Breakdown http://www.lawcom.gov.uk/docs/lc307_summary.pdf Consider the extent to which cohabiting couples are treated as if they were married and critically review recent proposals to reform this area of law. Family Law can no longer be concerned with marriage alone, as different types of families and relationships are emerging. Society has changed dramatically in recent years, becoming increasingly tolerant of different types of families and relationships, such as single parent families, same sex partnerships, and cohabiting couples. The law, however, has not moved forward as dramatically and there are conflicting views on whether this is good or bad. Some believe that the law should reform in order to accommodate these changes, such as the increase in cohabiting couples, whereas others believe that if these couples want the same legal rights as married couples they should get married. Therefore this essay will examine the extent to which cohabiting couples are treated the same by law as married couples, and what legal reforms are currently proposed
Mediation in disputes
Mediation in disputes Resolving a dispute in court, can be a traumatic, costly and ultimately frustrating affair. You may be called on to spend vast sums of money on legal fees, and the dispute can drag on for months or even years, while lawyers argue your case. In addition, the court process can be intimidating to anyone who is not familiar with the often slow and intricate processes of law, and parties to legal actions can frequently feel as if they have lost control of the proceedings. However there is an alternative. Mediation is a form of dispute resolution that is growing rapidly in popularity and has a high record of success. What is mediation? Mediation is a form of alternative dispute resolution (ADR) which means dispute-solving by means other than going to court. With mediation, both parties agree to appoint a trained mediator who assists them to clarify the issues and reach a compromise solution. It is the mediator's job to establish the common ground between the two parties, looking at each of their needs, and to act as a neutral channel of communication between them. Since the parties to the action appoint the mediator, they stay in control of the proceedings throughout the case. The crucial difference between mediation and going to court or arbitration (where parties appoint a professional person to hear their arguments and make a decision) is that the