Same-sex marriage
I. Introduction
“The British North America Act planted in Canada a living tree, capable of growth and expansion within its natural limits”1The metaphorical use of a living tree was used in the Canadian Constitution at a time when females were not eligible to have a seat in the Senate, Lord Viscount Sankey divulge that famous statement as he proposed a new approach to constitutional interpretation, which has since become the core principles of the constitution in Canada. The notion of a living ‘tree’ has indeed embodied the Canadian constitution of law, concluding that the constitution is alive and as the years progress the shifts from social perspectives in later years will indeed be analyzed, questioned and transformed. Fast forward to the twenty first century, as recent issues pertaining to same-sex marriages have been disputed and expressed in courts. The institution of marriage is a social and legal concept which has been based upon traditionally religious views stemming from heterosexuality. Many questioned and challenged the traditional institution of marriage. Christine Davies, a law student at Sack-Goldblatt-Mitchell LLP published an article in 2008 entitled “Canadian Same-Sex Marriage Litigation: Individual Rights, Community Strategy” 2 In this article, the author illuminates the interrelationship between social change and law. In conjunction with the living tree metaphor, the constitution must grow in a manner of changing social attitudes and policies, as law acts out as an instrument of social change. This paper will first yield a discrete explanation of the authors framework as it describes the research project the author indents to aim, followed by a suffice summary of the article. Finally, this paper will articulate an analysis of Christine Davies by situating it in much broader literature, as it contrast articles written by Nicholas Bala and Claire Young & Susan Boyd. The emergence of same-sex marriage demonstrates a relationship between law
“The British North America Act planted in Canada a living tree, capable of growth and expansion within its natural limits”1The metaphorical use of a living tree was used in the Canadian Constitution at a time when females were not eligible to have a seat in the Senate, Lord Viscount Sankey divulge that famous statement as he proposed a new approach to constitutional interpretation, which has since become the core principles of the constitution in Canada. The notion of a living ‘tree’ has indeed embodied the Canadian constitution of law, concluding that the constitution is alive and as the years progress the shifts from social perspectives in later years will indeed be analyzed, questioned and transformed. Fast forward to the twenty first century, as recent issues pertaining to same-sex marriages have been disputed and expressed in courts. The institution of marriage is a social and legal concept which has been based upon traditionally religious views stemming from heterosexuality. Many questioned and challenged the traditional institution of marriage. Christine Davies, a law student at Sack-Goldblatt-Mitchell LLP published an article in 2008 entitled “Canadian Same-Sex Marriage Litigation: Individual Rights, Community Strategy” 2 In this article, the author illuminates the interrelationship between social change and law. In conjunction with the living tree metaphor, the constitution must grow in a manner of changing social attitudes and policies, as law acts out as an instrument of social change. This paper will first yield a discrete explanation of the authors framework as it describes the research project the author indents to aim, followed by a suffice summary of the article. Finally, this paper will articulate an analysis of Christine Davies by situating it in much broader literature, as it contrast articles written by Nicholas Bala and Claire Young & Susan Boyd. The emergence of same-sex marriage demonstrates a relationship between law