Constitutional interpretations for gay marriage

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It is within the discretion of the authorities concerned to determine the formality for achieving the equal protection of the freedom of marriage. If you are a seller for this product, would you like to suggest updates through seller support? Moreover, sexual orientation is an immutable characteristic that is resistant to change. Therefore it is distinguishable from pure sexual satisfaction between homosexuals…. Furthermore, the freedom of marriage for two persons of the same sex, once legally recognized, will constitute the bedrock of a stable society, together with opposite-sex marriage. He says it is possible to open the way for same-sex marriage by flexibly interpreting Article 24 rather than revising the provision, and that there will be no problem if "husband" and "wife" in the Civil Code are changed to "spouses" and "father" and "mother" to "parents. Statutory legislation on family should defer to the fact that the institution of family has existed since long before the enactment of the Civil Code.

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Accordingly, reproduction is obviously not an essential element to marriage.

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Interpretation of constitutional clause a key point in same-sex marriage lawsuits

Statutory legislation on family should defer to the fact that the institution of family has existed since long before the enactment of the Civil Code. Nevertheless, the basic ethical orders built upon the existing institution of opposite-sex marriage will remain unaffected, even if two persons of the same sex are allowed to enter into a legally-recognized marriage pursuant to the formal and substantive requirements of the Marriage Chapter, inasmuch as they are subject to the rights and obligations of both parties during the marriage and after the marriage ends. Creation of a permanent union of intimate and exclusive nature for the purpose of living a common life by two persons of the same sex will not affect the application of those provisions on betrothal, conclusion of marriage, general effects of marriage, matrimonial property regimes, and divorce as provided for in Sections 1 through 5 of the Marriage Chapter, to the union of two persons of the opposite sex. Do what extend to you see decisions and trends in other parts of the world as being relevant to interpretation of our Constitution? However, there have been only 10 cases in the postwar period in which the top court ruled that specific legal provisions were unconstitutional.

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Write a customer review. East Dane Designer Men's Fashion. Interestingly, Powell's concurring opinion suggests that were Georgia to have imprisoned Hardwick for his conduct, that might be cruel and unusual punishment. This Court thus orders that the authorities concerned shall amend or enact the laws as appropriate in accordance with the ruling of this Interpretation, within two years after the announcement of this Interpretation. This Interpretation only addresses the issues of whether the provisions of the Marriage Chapter, which do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the purpose of living a common life together, violate the freedom of marriage protected by Article 22 and the right to equality guaranteed by Article 7 of the Constitution. It seems inappropriate to legalize such marriage.

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