Pssst… we can write an original essay just for you.
Any subject. Any type of essay.
We’ll even meet a 3-hour deadline.
121 writers online
Australians rejoiced on Dec. 07, 2017, as the legislation to allow same-sex marriage, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, passed the Australian Parliament and received royal assent from the Governor-General the following day.
With this, Australia becomes 26th Nation in the world, which has legalized same-sex marriage, thus sending a strong message of unity and equality for its citizens, across the globe, and thus inspiring other countires, to follow the lead.Apex court of India, has already re-ignited the homosexulaity debate in India and now, a larger Constitution Bench will review its 2013 judgment upholding the validity of Section 377 of the IPC which criminalises gay sex. With the people in the world, recognizing the rights of long suppressed LBTQI community, same-sex marriage has got a lot of heated debates across various stages in national and international forums around the globe.We, tried to analyze the situation and the whole process and in Australia and tried to relate it with India.
History of Marriage Act 1961 (Australia)In Australia, the Marriage Act 1961 is the current Act that regulates marriage law in Australia. The Act was passed by the Australian Parliament and applies uniformly throughout Australia (including its external territories); and any law made by a State or Territory inconsistent with the Act is invalid. The Act is made pursuant to power granted to the federal parliament under s.51(xxi) of the Australian Constitution. The Act recognises only marriages of two people and does not recognise any other forms of union, including traditional Aboriginal unions
Before 2004, there was no definition of marriage in the 1961 Act, and instead the common law definition used in the English case Hyde v Hyde (1866) was considered supreme. Though Sect 46(1) of the Act required celebrants to explain the legal nature of marriage in Australia to a couple as “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”, these words were descriptive or explanatory, rather than outlining what constituted a legally valid marriage in Australia.
On 27 May 2004 the then federal Attorney-General Philip Ruddock introduced the Marriage Amendment Bill 2004 to incorporate a definition of marriage into the Marriage Act 1961 and to outlaw the recognition of same-sex marriages lawfully entered into in foreign jurisdictions. In June 2004, the bill passed the House of Representatives. On 12 August 2004, the amendment passed the Parliament. The bill subsequently received royal assent, becoming the Marriage Amendment Act 2004.
The amendment incorporated a definition of marriage into section 5 of the Act, known was the Interpretation section:“marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”. and inserted a new section:88EA Certain unions are not marriages
A union solemnised in a foreign country between:(a) a man and another man; or(b) a woman and another woman;must not be recognised as a marriage in Australia. Thus, the amendment in the marriage act, made all the same-sex marriages illegal and forbidded any further homosexual marriages. The then prime minister, John Howard, rushed the amendment through the parliament, without any plebiscite, which we think, was not ehtical and a public majority should have been taken into account without making a major change in the Marriage Act.
Between these 13 years, there have been 22 attempts to recognize homosexual marriage in Australia, under federal law, but all were unsuccessful. After the amenedment in 2004, many ministers tried to introduce and re-introduce the same-sex marriage bill in the parliament.
Conclusion and the Future Ahead “What a day. What a day for love, for equality, for respect”, said Mr Turnbull. “It is time for more marriages, more love, more respect… This belongs to us all. This is Australia.“It is really a good news for all the marginalized people of LGBTIQ community, who are seen by hatred. People are accepting them, and this shows how humanity is evolving. We do talk of equality in all aspects, but it is us only, who do not abide by it. We differentiate people based on their caste, religion, color, creed and Sexuality, which is by any means wrong.
Sexuality is something, one has no choices on. You haven’t chosen to be man or woman, it is by the very nature of your self, the way you behave and you are. If someone behaves effiminately, it doesn’t mean he is doing it by purpose. There is no harm in a guy loving a guy or a girl loving a girl. “Love is blind”, when we say this, we should respect the every form of it. Everyone has their right to live and express their love, and society has no rights of doing Ifs and Buts for it.
Furthermore, one can sense that thinking of the people is changing. Society is getting more broad minded and accepting. They are understanding. specially the new generation. Hope, the Supreme Court of India as well as the people of India too, understand this and become acceptable to this section of the society which just want some love and acceptance from us!Though, their is a word of caution here, for Australia. Just like an amendment was passed in 2004, and again in 2017, there is a slight possibility that in future too this may happen. The ebb and flow of politics can be fickle, and the work of one incumbent government can always be replaced with the forceful will of their successor. While the general consensus regarding the legalization of same-sex marriage in Australia is one of support, there is always a chance that, down the track, the civil rights of many can be refuted by the stance of a few.
To export a reference to this article please select a referencing style below:
Sorry, copying is not allowed on our website. If you’d like this or any other sample, we’ll happily email it to you.
Attention! this essay is not unique. You can get 100% plagiarism FREE essay in 30sec
Sorry, we cannot unicalize this essay. You can order Unique paper and our professionals Rewrite it for you
Your essay sample has been sent.
Want us to write one just for you? We can custom edit this essay into an original, 100% plagiarism free essay.Order now
Are you interested in getting a customized paper?Check it out!