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Spiritual matters and conservative ideas may oppose the legalization of gay marriage, what is primordial is that the freedom to choose what is right and wrong has been accorded to all human beings.

President Obama on Gay Marriage

Thus, conflicting ideas on matters pertaining to the legalization of gay marriage must be weighed down in the most equitable manner. Essentially, there are three major arguments that support the position that gay marriage should be legalized and these include respect on individual rights, non-interference of the church in governance and respect on the ability of gays to raise a family. The basic opposition on these arguments is that gay marriage can destroy the sanctity of marriage and mock the importance of procreation.


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For the first argument, gay marriage should be legalized because gays have the rights to exercise and acquire liberty, freedom, and equality accorded in the fundamental law of the land and in the absence of damage or injury towards other people. While it is true that gay marriage is outlawed in many parts of the United States, there are still government leaders in a few states that was able to successfully legalized gay marriages.

The reason behind this fact is that people who believe on the principle of equality are increasing and that gays are humans too and not circus animals. It is easy for the people to speak about equality like equal rights for homosexuals such that they should be given the same rights in housing, jobs, government benefits access, accommodations in public, and equal protection of the law, but when gay marriage is mentioned, there is an end of discussion Bidstrup 1. Gay marriage is a less relevant topic that minimal discussion of the same is given thereby neglecting the needs of a few gay individuals.

Should same-sex marriage be legal?

However, negligence in looking into the society deeply might be the reason why many families suffer from marital problems. Gays should be given a chance to express their feelings towards another man because they are humans too. Love is compared to a prism that has number of sides through which a spectrum of beautiful colors is refracted. Love is the basic reason why individuals marry each other. Love is wonderful and as such, all people are free to express the same. And what makes a person think that only individuals who are both male and female have the chance to love? It is a selfish act to confine expression of love within a male-female relationship when gays are also entitled to do so when the law can be adjusted in its favor.

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People are raising this question: should gay marriage be legalized? This question arises because it is true that gay marriage is considered as not socially acceptable. People do not think that gay people should have the right to get married. They think that gays should be happy with the rights that are already given to them. But the public must be aware that gays are loyal to their mates and are monogamous being devoted partners Bidstrup 1.

In other words, it is not true that gays are promiscuous and are not able to form and build long lasting relationships. In addition, gays are also capable of building a family if ever married to another gay. There is an argument that the Hague Marriage Convention requires signatory countries Australia is one to recognise overseas same-sex marriages.

The Bill was a specific response to the changes in New Zealand and would have allowed Australian same-sex couples planning to marry in New Zealand to have their marriage recognised on return to Australia.

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There have also been significant developments in the United States where the Supreme Court recently gave two decisions which have had an impact on same-sex marriage. According to civil rights lawyer, Father Frank Brennan these decisions will have an impact beyond the United States. Introducing same-sex marriage at a state and territory level has been seen as a fall-back position for marriage equality advocates. State same-sex marriage laws raise the question of whether state parliaments have the power to pass such laws.

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According to constitutional lawyer, Anne Twomey , the short answer is yes; the more difficult question is whether that law will be effective or whether it will be inoperative because it is inconsistent with a Commonwealth law, namely the Marriage Act. Twomey argues that the answer to this question is unclear and unknowable until the High Court decides. Furthermore, she argues that even if operative, a state marriage law would do little more than facilitate the holding of a ceremony.

It would therefore not attract any legal benefits or status accorded to a married couple. The legal uncertainty is not limited to the states.

George Williams, professor of law at the University of New South Wales, says the bottom line is that whichever parliament first legislates for same-sex marriage, a High Court challenge will likely follow. With the exception of the Commonwealth Coat of Arms, and to the extent that copyright subsists in a third party, this publication, its logo and front page design are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.

Background Same-sex marriage has been on the political agenda in Australia for several years, as part of the broader debate about the legal recognition of same-sex relationships. Parliamentary reform The 43rd Parliament saw an increased focus on the subject of same-sex marriage, with a flurry of legislative activity, including three Bills designed to amend the Marriage Act in order to allow people the right to marry, irrespective of their sex one Bill was introduced by Labor backbencher Stephen Jones, one by Greens MP Adam Bandt and Independent MP Andrew Wilkie and one by Greens Senator Sarah Hanson-Young.

Position of the political parties The 43rd Parliament saw a shift in political party attitudes to same-sex marriage. International developments Attention to the issue of same-sex marriage in Australia often follows developments overseas. Constitutional issues and state same-sex marriage laws Introducing same-sex marriage at a state and territory level has been seen as a fall-back position for marriage equality advocates.

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