Law Assignment Examining The Legislation On Same-Sex Marriage
Question
Task: Write a project proposal on law assignment discussing about the laws on same sex marriages.
Answer
1 INTRODUCTION
According to the research on law assignment, in the past years, there has been dramatic increase in the acceptance of laws for “same-sex relationships”. The equivalence movement has embraced marriage as a goal for several LGBTQ citizens, but is it impeded by the partnership amongst the Church and the State, as well as by historical, social, and legal forces that have affected progress. Current British legislation specifies that only spouses of the “same sex” may come into a legitimate public union. CPA 2004 is the legal procedure for entering into the association between “same-sex couples”. The Government of the United Kingdom have appreciated the officials for applying effective strategies in putting on an equivalent basisfor the “same -sex” and heterosexual couples. Some LGBTQ supporters and individuals understand that as an unfair postponement to a bureaucratic catalog of marriages, suggesting the civil unions as a form of identification that developed a second-class position equivalent to romantic apartheid (Routledge,2015).
Marriages of same-sex remains is highly discussed theme in the United States, and globally. It will, moreover, be possible to infer from the tenor of most debates that the notion of wedding amongst individuals of the “same sex” is of particularmodern trend. In his fascinating book about a marriage rite, Gary Ferguson opines about the presence of “same sex”in the 16th century (Rome). In this view, the case studyelaboratedabout a party of mainly Spanish and Portuguese citizens, who were captured and hanged in Rome, in the year 1578, alleged in conducting“same-sex wedding” ceremonies that was organized in the main churches of the region. The viewers and readers are informed of the event from a variety of accounts, that also includes the French essayist Michel de Montaigne's travel report. Some important pieces of court transcript of men have also been discussed, who have also survived with their versions and wills. Through both of the mentioned records, Ferguson conveys the tale to life in a convincing detail. The author also mentions the names of men, location where they resided, how they worked for livelihood, and who were they married to. In Addition, he uncovers a vast amount of data related to the sex life of men, and the reaction of others to this knowledge,thereby helpingthe author in examiningbehavioural patterns about aspects like marriage, sexual life, and gender. Highlighting the uncertainty of wedding in premodern Europe, the author claims that “same-sex relationships” can be treated as portion of the dynamic and disputed past of the institution(Ferguson, 2016).
It is stated in the law assignmentthat in 2004 the same-sex marriage appeared as one of the season's biggest political topics. Yet all eleven states which had the topic on the ballot adopted legislation prohibiting the procedure in a significant blow to gay rights activists, and the problem quickly slipped off the map of the newspapers (Romito, 2019). Since 1996, this trend of waxing and fading in the public interest has dominated the discourse on same-sex marriage and the passage of the Civil Protection Act. Since then, court decisions and state governments have held the topic alive in the national sphere, and liberals and proponents for gay rights have rendered the problem a central frontline in the civil wars (Gibson, 2018). The Politics of Same-Sex Marriage draws together a respected group of experts to discuss all aspects of this contentious topic, including the philosophies and approaches on all sides of the debate, the reaction of the electorate, the application of the problem of election campaigns, and how same-sex marriage blends into the broad framework of legislative cycles and electoral potential periods (Thai & Dellers, 2019). This volume would be a critical sourcebook for campaigners, policymakers, and academics alike, with comprehensive reporting from several different approaches (Craig &Wilcox, 2007).
“After Marriage Equality” is a book that explores facts that might impact the future of the LGBT rights movement (Ball, 2019). The book is successful in collaborating 12 essays from different authors that belong to domains like law, politics while it also explores the influence of marriage equality on political involvement and mobilization. In addition, it considers LGBT movements that are in progress in other nations therebyresponding the acknowledgement of “same-sex marriages”. It aims to catalyst the discussion and further debate encounters and possibilities of the gay and lesbian movements in the future. The authors hope the book will be of interest to anyone who cares about thefuture of sexual equality.
1.1 AIM
The overall aim of the research on law assignment is to classify why LGBT individuals are forbidden marry along with critical examination the legislations on the” same-sex marriage”. The objective of the study is to evaluate the status & quo of LGBT communities and rights. This research study will also analyse and evaluate the laws in different regions for addressing the requirements of “same sex”.
2 KEY LITERATURE
The article "The same-sex couple rights under European and Italian law(II)" considered to prepare this law assignmentshows how the same-sex couple's rights are controlled in the European region. Next, the article illustrates the increasing recognition, both within the ECHR framework and in the EU, that same-sex partners are entitled to any sort of foreign legal security. The essay also immediately describes the leading instances that the ECHR, the CJEU, and eventually Italian courts have ruled upon. Lastly, the report reflects on the Italian legal system, including laws introduced in 2016 governing civil unions of the same sex in Italy. The report concludes with a detailed review of the real findings.
McClain, (2005) article "God's produced to order," Gender Complementarity and the Federal Marriage Amendment" discusses and assesses gender complementarity as a reason for the “Federal Marriage Amendment (FMA)” in the United States. This reflects on how the claim has appeared on the FMA in public proceedings, including in supporting policy and witness remarks. It provides a selective sample of how such claims appear at Legislative proceedings, rather than a full list. Eventually, it provides a crucial appraisal of such appeals as to gender complementarity (Neary, 2016).
For LGBT individuals, parenting is saturated with legality. Baumle and D'Lane(2017), examines the role of the law in the lives of LGBT parents. LGBT parents often participate in the procedure of constructing legality by the acceptance, modifications, or rejections of legal connotations about their families. The authors summarize that legality is built through a complex interaction of the legal context, society, individual characteristics, and desires of family. They conclude that LGBT parents' stories reflect a rich and varied relationship between the law, the state, and the private family goals of individuals. The book also examines how legal context affects how individuals come to understand the meaning and utility of the Law for their lives.
Herein law assignment, the article “Cigarettes, Same-Sex Marriage, and Vladimir Putin” by Baumgarth (2015)discusses the views of German law professor Carl Scfmitt about the key features of politics. Topics mentioned in the present study of law assignment include the definition of the concept of the political by comparing the political with different kinds of social relationships such as religious, cultural, economic, legal, and scientific, and Schmitt's enemy concept in domestic policy such as the war against terrorism and war against smoking, and Russian President Vladimir Putin's opposition to same-sex marriage. As part of same-sex partnerships, Merin, (2010)provides the world's first comparative study of legal standards for same-sex associations. Merlin concluded that all models, except civil marriages, discriminate against gays and lesbians. He stated that the intended alternative to marriage, even if it gives the same rights and benefits as marriage, is inherently unequal and therefore unconstitutional as determined by the author.
Gary Ferguson argued that same-sex unions shall be treated as portionof history that is complexed and contested. The mentioned case study involves a collection of Spanish and Portuguese men, who were detainedas well as executed in Rome in the year 1578. Ferguson extracts anastonishinginformation about the sexual lives of men, and the response of others on this detail. Stressingon the unpredictability of personal individual alliances in the premodern Europe, he also argued that gay marriage is part of that institution's complex and contested past. The book also explores behavioural patterns toward marriage, sexual life, and gender” at the time in Rome.
The article “The same-sex couple rights under European and Italian Law(II)” explored in this segment of law assignmentshows how the same-sex couple’s rights are controlled in the European region. Next, the article illustrates the increasing recognition, both within the ECHR framework and in the EU, that same-sex partners are entitled to any sort of foreign legal security. The essay also immediately describes the leading instances that the ECHR, the CJEU, and eventually Italian courts have ruled upon. Lastly, the report reflects on the Italian legal system, including laws introduced in 2016 governing civil unions of the same sex in Italy. The report concludes with a detailed review of the real findings.
“Same-sex marriage”remains a polarising problem in the US and other parts of the country. This latest version of Same-Sex Marriage: Reference Handbook brings readers up to speed on the state of same-sex relationships from a psychological, legal, political, and historical viewpoint. It provides up-to-date coverage of key developments in the recent history of same-sex marriage in the United States and other parts of the country, as well as public opinion and figures on same-sex marriage. It also describes and discusses changes in the legal status of same-sex marriage since the United States Supreme Court ruling in the issue of Obergefell v. Hodges in 2015 (Newton, 2016). It also outlines potential alternative paths for continuing discussion on same-sex marriage and provides a comprehensive bibliography, a compilation of papers, a selection of essays, and other materials for further study of the subject.
The book on “Same-sex relationships: from ‘odious crime’ to ‘gay marriage’” by Cretney (2006) deals with the dramatic change in society's approach to homosexuality since the 1960s. It reflects in the 2005 Civil Union Act, which establishes a structure where relationships of same-sex spouses are legally accepted in a similar manner as heterosexual partnerships.
3 METHODOLOGY
This research on law assignment is primarily focused on texts, including primary and secondary references collected, where appropriate, from events, legislation, and UK Hansard. Books and scholarly articles, legal papers, and websites are particularly helpful to provide a better view of the problems around the debate and implementation of same-sex marriage. Government reports, including briefing notes and polls, as well as unbiased figures, are used to endorse conclusions and results from the study. In the research, information from non-governmental organizations and other media resources (magazines, journals, web pages) is used to explain issues or incidents when a more contextual method is required to demonstrate the societal impact of laws and legal judgments. Because much of this subject field is fairly recent, there is not much relevant case law, except for existing marriage. Yet all sources were evaluated to include a richer and more balanced view of same-sex marriage and partnership issues.
4 REFERENCES
Ball, C.A. ed., 2019. After marriage equality: The future of LGBT rights. New York: NYU Press.
Baumgarth, W.P., 2015. Cigarettes, same-sex marriage, and Vladimir Putin: Reflections on Carl Schmitt. Law assignmentThe Independent Review, 20(1), pp.85-98. Available at: http://search.ebscohost.com.ezproxy.leedsbeckett.ac.uk/login.aspx?direct=true&db=buh&AN=103132007&site=eds-live&scope=site (Accessed: 29 August 2020).
Baumle, A.K. and D'Lane, R., 2017. Legalizing LGBT families: How the law shapes parenthood. New York: NYU Press. Available at: http://search.ebscohost.com.ezproxy.leedsbeckett.ac.uk/login.aspx?direct=true&db=edsebk&AN=1020823&site=eds-live&scope=site (Accessed: 29 August 2020).
Cretney, S.M., 2006. Same Sex Relationships: From'odious Crime'to'gay Marriage'. Oxford University Press, USA. Available at: http://search.ebscohost.com.ezproxy.leedsbeckett.ac.uk/login.aspx?direct=true&db=cat00621a&AN=leeds.576082&site=eds-live&scope=site (Accessed: 29 August 2020).
Routledge, G.J. (2015). A critical evaluation of the law on same-sex marriage (Doctoral dissertation, Manchester Metropolitan University).
Gibson, R., 2018. Same-sex marriage and social media: How online networks accelerated the marriage equality movement. Routledge. [electronic resource]?: how online networks accelerated the marriage equality movement. Routledge. Available at: http://search.ebscohost.com.ezproxy.leedsbeckett.ac.uk/login.aspx?direct=true&db=cat00621a&AN=leeds.843254&site=eds-live&scope=site (Accessed: 29 August 2020).
McClain, L.C., 2005. God's Created Order, Gender Complementarity, and the Federal Marriage Amendment. BYU J. Pub. L., 20, p.313. Available at: http://search.ebscohost.com.ezproxy.leedsbeckett.ac.uk/login.aspx?direct=true&db=a9h&AN=25178876&site=eds-live&scope=site (Accessed: 29 August 2020) Merin, Y., 2010. Equality for same-sex couples: The legal recognition of gay partnerships in Europe and the United States. University of Chicago Press.
Neary, A., 2016. LGBT-Q teachers, civil partnership and same-sex marriage: The ambivalences of legitimacy. Taylor & Francis. [electronic resource]?: the ambivalences of legitimacy. Routledge (Routledge critical studies in gender and sexuality in education). Available at: http://search.ebscohost.com.ezproxy.leedsbeckett.ac.uk/login.aspx?direct=true&db=cat00621a&AN=leeds.832250&site=eds-live&scope=site (Accessed: 29 August 2020).
Newton, D.E., 2016. DNA technology: a reference handbook. ABC-CLIO. [electronic resource]?: a reference handbook. Second edition. ABC-CLIO, an imprint of ABC-CLIO, LLC (Contemporary world issues). Available at: http://search.ebscohost.com.ezproxy.leedsbeckett.ac.uk/login.aspx?direct=true&db=cat00621a&AN=leeds.682330&site=eds-live&scope=site (Accessed: 29 August 2020)
Romito, A.M., 2019. The rights of same sex couples under European and Italian Law (II). Law assignmentBulletin of the Transilvania University of Bra?ov, Series VII: Social Sciences and Law, 12(2), pp.419-430. doi: 10.31926/but.scl.2019.61.12.2.25.
Thai, M. and Dellers, L.Y., 2019. Rejecting equality: Psychological differences between Australian sexual minority men voting “yes,” voting “no,” or abstaining from voting on the legalization of same-sex marriage. Psychology of Sexual Orientation and Gender Diversity. https://doi.org/10.1037/sgd0000368
