Same-sex marriage in Australia Australian law allows the recognition of same-sex relationships in a multitude of forms, depending on the couple's wishes.
Woodruff Professor of Law; Alonzo L. This Article is drawn in large part from John Witte, Jr. And I express my deep thanks to several fine scholars who helped me with various parts of this text, and the broader project from which it is drawn: Broyde, Rafael Domingo, Mark A.
Goldfeder, Judith Evans Grubbs, R. Reynolds, and Mathias Schmoeckel. Abstract Questions about polygamy are likely to dominate Western family law in the next generation.
On the frontier of Western family law are hard questions about extending the forms of valid marriage to include polygamy and extending the forums of marital governance to include religious and cultural legal systems that countenance polygamy.
This Article analyzes the 1, year tradition of Western laws against polygamy and the growing constitutional and cultural pressures to reform these laws today. I show how the traditional Western cases against polygamy and same-sex unions used strikingly different arguments drawn from the Bible, nature, rights, harm, and symbolism.
I conclude that, because these arguments are so different, Western nations can responsibly hold the line against polygamy, even if they choose to accept same-sex marriage and its accompanying norms of sexual liberty, domestic autonomy, equality, and nondiscrimination.
I reject ideological arguments, pro and con, that anti polygamy laws are a form of traditional Christian morality. I reject slippery slope arguments, from the right and the left, that acceptance of same sex marriage must inevitably lead to acceptance of polygamous marriage.
And I reject arguments from domestic and international sources that religious freedom norms command the accommodation, if not validation, of religious polygamy. The West may, and in my view should, politely say no to polygamy.
An Appendix to the Article provides a detailed guide to different forms and terms of plural marriage discussed and prohibited in the West—real polygamy, constructive polygamy, successive polygamy, and clerical polygamy.
Introduction For more than 2, years, the Western legal tradition has defined lawful marriage as the union of one man and one woman with the fitness, capacity, and freedom to marry each other.
This was the dominant normative teaching of ancient Greeks and Romans, first millennium Jews and Christians, medieval Catholics and early modern Protestants, modern Enlightenment philosophers and liberals, common law and civil law jurists alike.
While monogamous marriage is neither good for everyone nor always good, all these traditions have argued, in general and in most cases, monogamous marriage brings essential private goods to the married couple and their children, and vital public goods to society and the state.
See the Appendix herein, infra notes —86 and accompanying text, for an overview of the shifting and confusing terminology. While a few Western writers and rulers have allowed polygamy in rare individual cases of urgent personal, political, or social need, virtually all Western writers and legal systems have denounced polygamy as an alternative form of marriage and have denounced the occasional polygamous experiments of early Jewish aristocrats, 3See John Witte, Jr.
The historical sources commended monogamy on various grounds. Marriage, Religion, and Law in the Western Tradition 2d ed. This latter logic now applies to same sex couples, too, who have gained increasing rights in the West in recent years, including the rights to marry, adopt, and parent in some places.
The historical sources condemned polygamy on a number of grounds. The most common argument was that polygamy was unnatural, unfair, and unjust to wives and children—a violation of their fundamental rights in modern parlance.
Polygamy, moreover, was also too often the cause, corollary, or consequence of sundry other harms, crimes, and abuses. And polygamy, according to some more recent writers, was a threat to good citizenship, social order, and political stability, even an impediment to the advancement of civilizations toward liberty, equality, and democratic government.
For nearly two millennia, the West has thus declared polygamy to be a crime and has had little patience with various arguments raised in its defense. With the growing liberalization of traditional Western norms of sex, marriage, and family life in recent decades, and with the escalating constitutional battles over same-sex marriage, these traditional Western criminal laws against polygamy are coming under increasing pressure.
Utah holding that Kody Brown and his sister wives faced a credible threat of prosecution for bigamy from Utah authorities and thus had standing to press a federal constitutional case against the county attorney for chilling their First Amendment free speech rights in airing their show and advocating their polygamous lifestyle.
The first sustained scholarly arguments for legal toleration if not state recognition of polygamy have been pressed—with various liberals and libertarians, Muslims and Christians, philosophers and social scientists, multiculturalists and counterculturalists finding themselves on the same side.
The first wave of popular media portrayals of good polygamous families in America has now broken with shows like Big Love and Sister Wives stoking the cultural imagination and sympathy much like Ozzie and Harriet and Little House on the Prairie had done for prior generations of urban and rural families.
Media, Gender, and Politics in Mormon Fundamentalism Just as same-sex advocates moved first against the criminalization of sodomy and then for the recognition of same-sex unions and marriage, so pro-polygamy advocates aim first to repeal traditional criminal laws against polygamy and then to include polygamy as an alternative form of valid marriage recognized by the state.
My thanks to Professor Risa L. Goluboff for bringing this text to my attention. This Article, largely drawn from a new page monograph on the topic, 16Witte, supra note 3. In Part I, I analyze the current Western laws against polygamy and the growing constitutional and cultural pressures to reform them.
In Part II, I show how the traditional Western cases against polygamy and same-sex unions used strikingly different arguments drawn from the Bible, nature, rights, harm, and symbolism. While same-sex relationships were traditionally prohibited as unnatural sexual taboos that violated biblical norms, polygamy was prohibited as an abusive, harmful, and socially deleterious institution that violated the equal dignity of the marital partners.
And I reject arguments from domestic and international sources that religious freedom norms command the accommodation, if not validation, of religious polygamists.Comlaw Exam Notes The key “ingredients” for a legally enforceable contract are intention to enter into a legally binding agreement, an agreement (offer + acceptance) and consideration.
“Honour clauses” can be used to avoid legal liability (e.g. “this should not give rise to any legal obligation and agreements are binding in honour only”).
Lesbian, gay, bisexual and transgender (LGBT) rights in Australia have advanced since the late-twentieth century to the point where LGBT people in Australia are protected from discrimination and enjoy the same rights and responsibilities as heterosexuals.. Australia is a federation, with most laws affecting LGBT and intersex rights made by its states and territories.
Preamble: This document was published prior to 1 July and was a public ruling for the purposes of former section 37 of the Taxation Administration Act and former section 60 of Schedule 1 to the Taxation Administration Act From 1 July , this document is taken to be a public ruling under Division of Schedule 1 to the Taxation Administration Act View COMLAW NOTES from COMMERCE at Auckland.
Liability for negligence Introduction 3 typical judge made civil obligations - Contract - Tort - Equity o In contract there is pre-existing. Predicted effects of plain packaging. As plain packaging has never before been legislated prior to , evidence about the possible impact had been necessarily derived from experimental studies where subjects were typically presented with both branded and mocked-up plain packs and asked about associations and preferences.
Course Outline 50T 8. COMLAW LAW IN A BUSINESS ENVIRONMENT (15 points) Second Semester () Course Prescription. Decision makers in commerce and industry require an understanding of legal structures.