The Legal Regulation of Marriage  

Oleh:

Nicholson, The Hon Alastair

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Melbourne University Law Review vol. 29 no. 2 (Aug. 2005), page 556-572.
Topik: MARRIAGE; legal regulation; marriage

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: MM70 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

The eligibility of two persons to marry has recently been the subject of significant judicial and parliamentary activity. Internationally, a number of jurisdictions have enacted statutes that expressly write in or ban same - sex marriage. Meanwhile, in proceedings relating to the validity of a marriage, courts have been required to make findings as to the sex of a person who has undergone transsexual transition to the sex opposite to that which they were assigned at birth. This article critiques the Commonwealth Parliament’s passage of legislation in 2004 proscribing same - sex marriages in Australia and contends that to do so was unnecessary and discriminatory. The article then reviews the trial and appeal decisions of the Family Court of Australia that upheld the validity of a marriage entered into by a woman with a man who had originally been assigned the sex of female.

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