ASC287 - Love, Sex And Relationships | Deakin University

Added on - 30 Oct 2019

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Running header: SAME SEX MARRIAGE LEGISLATION IN AUSTRALIA1Same sex marriage legislation in AustraliaStudent’s nameUniversity
SAME SEX MARRIAGE LEGISLATION IN AUSTRALIA2Same sex marriage legislation in AustraliaSame sex marriages popularly known as gay marriages are marriage relationship betweenpeople of the same sex. The issue of same sex marriages has raised a lot of controversial issuesover whether the society needs to recognize such marriages or not. Herek (2006) suggests thatproponents of the idea have been pushing for legislation and recognition of such marriageswithin the law. Many countries have faced such issues with politicians and human rights lobbygroups taking sides on the issue. The first law ever enacted to recognize such marriages wasenacted in 2001 in Netherlands. However today many countries have passed these laws with overtwenty countries having passed such laws. Other countries of the world are in the process ofpassing such laws due to a rising support of these marriages. Most of the countries that havepassed such laws have made legislative changes on marriage laws.In Australia, such marriages are treated as de facto unions under the federal law but theAustralian constitution allows each state to create its own laws regarding such marriages. Thisgives room for only civil unions but same sex marriages are prohibited by the marriage Act(1961). This essay analyses the controversial legislation of same sex marriages and how theLiberal Senators, together with Labor, Greens and crossbench members are pushing for thislegislation. It attempts to look at the sociological reasons behind people and legislators opposingthese marriages. Recognition of same sex marriages is a political, social issue and religious issuewith debates varying across different sections of the population[ CITATION Sas00 \l 1033 ].TheAustralian political environment has been in tussle over whether the laws legalizing same sexmarriages need to be passed or not. However, Perales & Alice Campbell (2017) suggest thatpressure has been building for leaders to make changes in the legislation to allow for such
SAME SEX MARRIAGE LEGISLATION IN AUSTRALIA3marriages. This led to the drafting of the bill to legalize gay marriages through postal surveyvotes.The same sex marriage vote has elicited reactions among the Australian community withover 20,000 before gathering in Sydney to show their approval of the gay marriages before theSeptember 12thvote[ CITATION Fra17 \l 1033 ].Australians will be asked to vote on whether samesex marriages should be legalized in the country by allowing such couples to marry or not.Politicians, religious leaders, activists and the Australian community have taken different standson whether the marriages should legalized or not. Some like religious leaders have argued thatmarriage is based on love and intimacy not sexual orientation of the parties.The society is divided over whether same sex marriages should be allowed or prohibited.Different sociological explanations and theories have been used to justify either point of view.The American Psychiatric Association had initially described same sex relationships as mentaldisorders until the rise of such rights in countries like the US[ CITATION Sas00 \l 1033 ].The recentrise of same sex relationship support has been seen as an explicit challenge to societal norms.This means that same sex marriage can be seen as a morality issue rooted in the responsibility ofone’s freedom[ CITATION Gid01 \l 1033 ]. Proposers of same sex marriages argue thathomosexuality is an in born powerful trait that cannot be controlled through religion orpsychology. It has been argued that these people at first try to resist this drive but areoverwhelmed by the force inside them to the point of accepting.Hart-Brinson (2016) suggests that social imagination can be used to explain how societyhas recognized these marriages through tracing its history by analyzing how the socialimagination changed twice from mental illness to deviant behaviour and from deviant behaviourto collective identity. These moments of change formed the turning point of social acceptance of