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The role of courts and parliaments in law reform is to change laws that have dated since when the law first came in and to “modernize” the law. An example of this is capital punishment. Courts usually change law or modify laws that get brought up by court cases. But the parliament had to produce a bill, which it goes through the house of reps and the senate to become a new law.…
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Another social policy which has allowed same-sex couples who are starting a family to be more socially accepted was in 2002 when UK Adoption law was changed to allow for homosexual couples to adopt children rather than have to rely upon surrogate mother willing to carry and give birth to a baby for them or any other reproductive technology alike. Furthermore, in 2004 the Civil Partnership Act allowed homosexuals to now be legally married allowing them to be in a far more ‘stable’ family relationship and it was as if it was a commitment to the family and any dependant children. All of these changes in social policy can be linked to the growth in same-sex families and couples.…
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Same sex partners may not have declared their status, with the consequence that professionals may exclude them from involvement in their partner’s care;…
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Law reform is the procedure of examining the existing laws, and justify and implement changes. This is as a rule done with the intention of enhancing justice or efficiency. The law reforms are facilitated by law reform bodies or law commissions.…
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Lately, there has been a surge of bills throughout the nation regarding homosexual rights. In Texas and Alabama, either the House or the Senate decided to "narrow their rights." On the same day, Connecticut became the first state to approve "marriage-like civil unions" without a court order. Vermont and Washington State remain relatively torn, but the pending bill in Washington regarding equality for gays in housing, insurance, and employment was rejected by the Senate by a 25-24 vote.…
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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…
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Could you imagine if you had met the ideal person you wished to share your entire life with but the law would not allow you to? That is the position that many homosexual Australians have been in since the settlement of this country. Same sex marriage is currently not allowed in Australia but I and a proven 60% of other Australians strongly believe it should be. Gay people pay taxes, serve in the military, participate in the workforce, are our neighbors, friends and family. Logic and decency would suggest that they should have the right to marry, just as any heterosexual couple can. However, there are people who disagree with this belief, take for example the government, namely Australia’s prime minister, Julia Gillard, several religious groups who believe marriage should be kept between a man and a woman and those who simply wish to deny the happiness of two people in love because of their anatomy.…
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The Department of Health, 2008, cites recognition that same sex relationships and their dependent children receive the same entitlements and access to quality healthcare as heterosexual couples and their dependent children. In an era where same sex couples are recognised and marriage equality is rife, the same should be said for healthcare equality. It is a given that patients from varying cultural, religious and socioeconomic backgrounds are provided equal care regardless of the views, beliefs or prejudices of the healthcare professional, same sex relationships should also be awarded the…
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As society has shifted its beliefs and attitudes towards same-sex couples, with increased acceptance, the law must be adaptive and responsive to provide same-sex couples with increased rights and legal recognition under Australian law. The recognition of same-sex relationships in Australia has increased dramatically where gradually, more jurisdictions provide couples with same rights and obligations as heterosexual couples, highlighting the efficiency of the legal system. Hope and Brown v NIB (1995) initiated law reform momentum, in which the couple successfully argued that the NIB health fund discriminated against them by refusing to grant them a ‘family’ status policy due to their family arrangement and sexual orientation. The Equal Opportunity Tribunal found this to be discriminatory and hence, the Property (Relationships) Legislation Amendment Act 1999 legally recognised same-sex couples as de facto unions under federal law, entitling them to receive benefits previously not accessible. This significant legislative change gave same-sex couples access to the District Court to divide property, claim financial maintenance and inheritance rights, previous rights which were denied. This legislative breakthrough created precedent for same sex couples to be recognised as a family and is…
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But today it is a very controversial issue. Homosexuals are not allowed in most states to marry.…
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Family law is an aspect of law that deals with issues such as divorce, child custody, adoption, marriage, financial affairs and more. The current definition of marriage is ‘The union of a man and a woman to the exclusion of all others and is voluntarily entered into for life.’ This definition was established by the monumental case Hyde v Hyde on 20th March 1866. The definition of marriage has been questioned over a number of years but do society and their beliefs correspond with legislation that has been passed. As of 2015, 16 attempts have been made to amend the Marriage Act to legalise same-sex marriage in Australia, all of which have been unsuccessful. As it stands Australia are not looking to modify the current legislation, but over time Australia could potentially change their Marriage Act.…
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Herek, G. M. (2006). Legal recognition of samesex relationships in the United States: A social…
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GOVT 6156 Governance and Civil Society Student Name: Yip Tsz Kit UID: 430054929 Assignment 3: Content Analysis Research Report 1. Introduction 1.1 Topic: Same Sex Marriage Homosexuality and lesbian and gay civil rights was the dominated by negativity in Western societies before the 1990s (Loftus, 2001). In Australia, bias and discrimination against gay has progressively decreased over time (Kelly, 2001). Issues related to gay and lesbian rights have been increasingly prominent. Despite the receding negative attitudes towards gay and lesbian minority, according to scholars, such tolerance does not seem to extend to attitudes towards same-sex marriage (Edward, 2007). 1.2 Background On 17 April 2013, New Zealand House of Representatives has voted to make same-sex marriage legal. The Marriage (Definition of Marriage) Amendment bill was passed at the Third Reading stage by a majority vote of 77 to 44. The Society for Promotion of Community Standards Inc. (‘SPCS”) added a definition of “marriage” in its constitution seeking to redefine marriage to include same-sex…
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The time has come to legalise gay marriage in Australia. Gay marriage is marriage between two people of the same gender. I believe all Australians have the right to be able to get married despite what gender,race and religion they're. A basic human right is that every grown up has the right to marry but why is that only that a man and a woman can do so not man and man or woman and woman.Why is it that?If you love someone it shouldn't matter what gender they're but somehow it dose.…
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Law reform has increased resource efficiency effectively though there are limitations that are placed on these reforms. The Crimes (Domestic and Personal Violence) Amendment Bill 2013 had enabled specific police officers the ability to issue out provisional apprehended domestic violence orders (ADVO) which had previously only been issued by the courts. Once a provisional ADVO is issued, it has to be listed within an appropriate court within 28 days, much quicker than previously. This means that a domestic violence case will be addressed quicker thus benefitting the courts cost wise and the victims in achieving safety and protection faster. Cases will be able to bypass the court when applying for a provisional ADVO and will spend less time in the court system. This reform was unquestionably needed in achieving just outcomes for victims as reported by Adelaide Now ( The Advertiser) the article titled Courts failing domestic violence, says Youth South Australian of the Year, Ms Gbla explains the fear she felt during the time the courts took to address her application for a provisional ADVO. She feared that her former boyfriend would assault her and was required to move houses two times due to immerse safety concerns. She had filed for an ADVO, in April and had still not received a court hearing date by June the…
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