Assess The Effectiveness Of The Legal System Essay
Assess the effectiveness of the legal system’s attempts to protect the rights of same-sex couples
The Legal System has been relatively effective in protecting the rights of same sex couples when approaching the legal issues of equality, enforceability and protection and recognition of individual rights.
As society evolves it grows in diversity and acceptance to which regard the legal system must change to better serve societies needs and values. With reference to this the legal system’s approaches to protect and recognise the rights of same sex couples in relation to same-sex marriage has proven to be ineffective. Whilst there has been reform through the Corbett v Corbett 1970 (One of the couple had undergone a sex change operation so the courts reformed the sex requirement from birth certificate to the …show more content…
sex of the couple during the marriage) there is still little improvement in protecting and recognising the rights of same sex couples. Government in NSW moved to legalise same-sex marriage in 2002 but this was shelfed after the influences of pressure from powerful religious political figures. As if to reinstate the governments support for heterosexual marriage the Marriage Amendment Act 2004 (CWLTH) was passed defining marriage once again between man and woman. After the results of the 2011 census it showed 96% of same sex couples were in a de-facto relationship and the legal system has not protected and recognised their rights as Individuals to marriage.
Although the Legal System has yet to reform same-sex marriage the Legal system’s approach to same-sex adoption has comparatively been effective.
Adoption for same-sex couples has been available since 2010 in NSW. Australia’s first legal gay adoption took place in western Australia June 2007 but the federal government under Prime Minister John Howard moved to pass a legislation not to recognise adoptions taken place overseas by same-sex couples. The Adoption Act 2000 provided equality in adoption in same-sex adoption stating “Two persons who are a couple may, subject to this Act adopt a child’. However the legislation has not stopped discrimination The Australian Christian Lobby, formed in 1995, and the Catholic Australian Family Association, formed in 1980, strongly opposes same-sex rights such as adoption and marriage. It is through their influences that the struggle to protect the rights of same-sex couples and provide the couples equality before the law being hindered. The Legal system’s approach to protecting the rights of same sex couples have been effective in regards to adoption although there are yet areas to reform to better serve societies
needs.
Although the legal system has been inconsistently effective in protecting the rights same sex couples in the domestic environment the legal system has been consistently delayed in reforming areas of discrimination and restoring the deprivation of rights to same sex in the workplace. The Work place has been an area of slow progress in regards to individual rights but same sex employees do not share the rights of heterosexual employees in areas such as leave entitlements and workers compensation. Same sex couples are denied basic financial and work related entitlements because they are excluded from the definition of describing a couple. Under the Fair Work Australia Act 2009 work choices standard doesn’t protect the leave entitlements of an employee in a same sex relationship in comparison to an employee in an opposite sex relationship. “Immediate family” excludes same-sex families, “spouse” and De facto spouse” exclude same-sex partner even ‘child’ excludes the child of a lesbian co-mother or gay co-father. This was re-defined in The family leave test case (1994) and Personal/Carers leave test case (1995). The Legal system has failed to enforce equality and anti-discrimination in the work place where 30% of same-sex couples are raising children the legal system has not protected the rights of the same-sex couples.
Although the legal system has been relatively effective in the approach to protect the rights if same-sex couples there is still vast areas to reform and resolve issues in areas such as Equality, Enforceability and the protection and recognition of individual rights specifically in regards to same-sex marriage and equality in the workplace for same-sex couples and freedom from discrimination when adopting.
The Legal System has been relatively effective in protecting the rights of same sex couples when approaching the legal issues of equality, enforceability and protection and recognition of individual rights.
As society evolves it grows in diversity and acceptance to which regard the legal system must change to better serve societies needs and values. With reference to this the legal system’s approaches to protect and recognise the rights of same sex couples in relation to same-sex marriage has proven to be ineffective. Whilst there has been reform through the Corbett v Corbett 1970 (One of the couple had undergone a sex change operation so the courts reformed the sex requirement from birth certificate to the …show more content…
sex of the couple during the marriage) there is still little improvement in protecting and recognising the rights of same sex couples. Government in NSW moved to legalise same-sex marriage in 2002 but this was shelfed after the influences of pressure from powerful religious political figures. As if to reinstate the governments support for heterosexual marriage the Marriage Amendment Act 2004 (CWLTH) was passed defining marriage once again between man and woman. After the results of the 2011 census it showed 96% of same sex couples were in a de-facto relationship and the legal system has not protected and recognised their rights as Individuals to marriage.
Although the Legal System has yet to reform same-sex marriage the Legal system’s approach to same-sex adoption has comparatively been effective.
Adoption for same-sex couples has been available since 2010 in NSW. Australia’s first legal gay adoption took place in western Australia June 2007 but the federal government under Prime Minister John Howard moved to pass a legislation not to recognise adoptions taken place overseas by same-sex couples. The Adoption Act 2000 provided equality in adoption in same-sex adoption stating “Two persons who are a couple may, subject to this Act adopt a child’. However the legislation has not stopped discrimination The Australian Christian Lobby, formed in 1995, and the Catholic Australian Family Association, formed in 1980, strongly opposes same-sex rights such as adoption and marriage. It is through their influences that the struggle to protect the rights of same-sex couples and provide the couples equality before the law being hindered. The Legal system’s approach to protecting the rights of same sex couples have been effective in regards to adoption although there are yet areas to reform to better serve societies
needs.
Although the legal system has been inconsistently effective in protecting the rights same sex couples in the domestic environment the legal system has been consistently delayed in reforming areas of discrimination and restoring the deprivation of rights to same sex in the workplace. The Work place has been an area of slow progress in regards to individual rights but same sex employees do not share the rights of heterosexual employees in areas such as leave entitlements and workers compensation. Same sex couples are denied basic financial and work related entitlements because they are excluded from the definition of describing a couple. Under the Fair Work Australia Act 2009 work choices standard doesn’t protect the leave entitlements of an employee in a same sex relationship in comparison to an employee in an opposite sex relationship. “Immediate family” excludes same-sex families, “spouse” and De facto spouse” exclude same-sex partner even ‘child’ excludes the child of a lesbian co-mother or gay co-father. This was re-defined in The family leave test case (1994) and Personal/Carers leave test case (1995). The Legal system has failed to enforce equality and anti-discrimination in the work place where 30% of same-sex couples are raising children the legal system has not protected the rights of the same-sex couples.
Although the legal system has been relatively effective in the approach to protect the rights if same-sex couples there is still vast areas to reform and resolve issues in areas such as Equality, Enforceability and the protection and recognition of individual rights specifically in regards to same-sex marriage and equality in the workplace for same-sex couples and freedom from discrimination when adopting.