Legal Implications Of Same Sex Marriage

1461 Words 6 Pages
The law, as constructed by the state, creates a system of rules that we recognise instinctively as regulating our behaviour and defining what is right and what is wrong. The law is not necessarily linked with equity, yet in general society tends to view what is legal as that which is moral, decent and legitimate. Law regulates individual behaviours and identities by encouraging us to manage ourselves and to live our lives in particular ways (Stychin 2003, 4). That which is not supported or encouraged by the law rests in a kind of limbo, outside of what is legitimate or illegitimate. Same-sex marriage embodies this experience. That the law continues to endorse heterosexual marriage and, by implication, discourage homosexual marriage means that same-sex marriage is cast inevitably as abnormal, because it is different and does not fit within the definition of marriage; the legally or formally recognised union of a man and a woman as partners in a relationship.

In this essay I will discuss the extent to which same-sex marriage’s lack of legal recognition delegitimates the normalcy of
…show more content…
In the case of R v Toonen, it is argued that the laws against homosexual relations, unfairly discriminated and disrupted an individuals right to privacy. The anti-gay laws, that existed in Tasmania prior to their decriminalisation in 1994, equated homosexual relations with other prohibited practices, such as polygamy, pedogamy, incest, and zoophilia (Geraldine, A, & Wagner, R 2015, 1). The continued lack of legislation in favour of same-sex marriage, acts as a continuation of these unjustifiable discriminations. The states exclusion of same-sex attracted people from the norm of heterosexual marriage, and the consequential impression of same-sex desire as illegitimate, sends the message that discrimination against same-sex attracted couples is okay, because the law itself deems it

Related Documents