Monday, May 6, 2019
The objective of the marriage statutes and same sex marriage Essay
The objective of the marriage statutes and same sex marriage - Essay Exampletural justice for those trusty for formulating the statutes were expected to prepare foreseen the problem and adequately address it even before it happened. There is no flair the marriage statutes could forbid same sex marriage giving clear definitions of marriage and what society should come it to be in some clause and then intentionally give a nonher contrary motif of what marriage is in its subsequent definitions of marriage without raising either debate (Eskridge, 2001, 853-881). The idea of the marriage licensing fair plays not prohibiting same sex marriage quite a little be taken as an intention to under(a)mine the inefficiency of grammar in those laws to completely substantiate the object of the encompassing or parent law which is the marriage statute, the object being protection of marriage between pack of different sexes for purpose of procreation. This led to existence of a loophole where people of differing opinions could create grounds of making believe the constitutional law is ambiguous in its intentions thereby creating a constitutional avenue through which same sex marriage thrive (Snyder, 2006, 35). By passing that law the intention of the law was subverted and ordinary and approved use of language principle of interpretation of law was use to beat the very intention of the law. The intention of the marriage statute is clear the marriage licensing laws are a mere branch through which the objectives of the marriage act are attained and implemented. The marriage statute does not have a provision to indicate that it might have any other differing opinion found on how it substance is interpreted in its subsequent implementation. The meaning of marriage in the laws of Massachusetts can be taken to be silent and its true intent can only be arrived at when subjected to... This essay analyzes that the law approachs solution to this case far exceeded its jurisdicti on mandated by article 30. It amounted to statutory revision when the court interpreted the gender-specific language as gender neutral which resulted into a statutory revision that replaced the intent of the law-makers with that of the court.This essay analyzes that the courts solution to this case far exceeded its jurisdiction mandated by article 30. It amounted to statutory revision when the court interpreted the gender-specific language as gender neutral which resulted into a statutory revision that replaced the intent of the law-makers with that of the court. It is clear that same-sex marriage has always been forbidden under the marriage statutes and that the court of Massachusetts abrogated the purpose of the indispensable due process which is to protect existing rights and not create new ones, to deter government onslaught and not invite it. The Court should not have sanctioned same-sex marriages giving a rationale that denying such(prenominal) a right would be tantamount to denying other rights such as raising children that are accorded under marriage. The legislature needs to have had some rationale basis to conclude that family structures of such nature have not been sufficiently concluded to be an equivalent of marital family structure that has established itself as a successful one through out history. People have the right to raise children in any manner of family structure as long as they dont pause any risk to them socially psychologically or otherwise.
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