Monday, February 24, 2020

On the debate surrounding legislation for same-sex couples Essay

On the debate surrounding legislation for same-sex couples - Essay Example From the research it can be comprehended that a same-sex partner residing with his/her partner is considered to be a cohabitee. Such an arrangement causes the person to have no rights invested in the property and the risk of homelessness is very real should separation occur. Cohabitants possess no statutory rights to occupation; such rights are only claimable through the use of equitable principles such as trusts or proprietary estoppels. The court indeed has shown a desire to rule in a manner that prevents injustice, though this is a far cry from the positive rights that are granted to married couples. The courts have indeed expressed a need as well as a desire for Parliament to reform the law in cases such as Hammond v Mitchell and Stack v Dowden. Many ask why, if the law is prepared to assign the same rights to same-sex couples and married couples, it does not simply allow the former to enjoy the institutions of marriage. The same need for reform is evident in the law in relation to children. While the Children Act 1989 defines parental responsibility in a gender-neutral manner, it is most often the case that the mother of a child born out of wedlock is given automatic parental rights. How does this fare when applied to same-sex couples who are parents? It is clearly recognised that â€Å"the legal definition of families has changed over time†. This is evident in, as has been stated, the change in social attitudes towards the institution of marriage, the birth of children out of wedlock, and the rights of unmarried couples. The law, although it has greatly moved forward in relation to heterosexual partnerships, has been reluctant to codify any such similar approach to same-sex couples. The courts have attempted as far as is possible to interpret the law in a manner that allows unmarried couples (heterosexual and same-sex) to be granted the same, or similar rights to married couples. In other decisions, the court has clearly expressed a desire for legi slation which gives them the freedom to positively grant same-sex couples the same rights as married couples, recognising that this needs an extension of the law of civil marriage to same-sex couples. In the case of Fitzpatrick v Sterling Housing Association (2000), the House of Lords recognised that the definition of family has increasingly become a legal concept. While the couple in the case were not married, the court could not class them as family, yet it expressed a need to reform the law to allow

Saturday, February 8, 2020

Homework CH. 8 & CH.9 Assignment Example | Topics and Well Written Essays - 500 words

Homework CH. 8 & CH.9 - Assignment Example This practice was originally practiced by all Muslims when at war or on a long journey to avoid illicit sex. However, it was found to disenfranchise the women and the children born out of the marriage after the man had left even if he paid all the dowry and penalties of divorce. This is a big deal in Islam because inheritance rights have the capacity to influence ones fate in the now and in the hereafter. The other modern problem between the Shiites and the Sunnis is the practice of medical interventions, which are considered unlawful such as abortion and family planning including newer forms of treating sterility. The Shiites have democratic privileges of choosing a spiritual leader called an ayatollah that has the power to make edicts just like in the papal system. There is also lot mysticism in both religions and the elevation of religious martyrs into sainthood. Both religions have a strong dose in terms of its affinity for liberation of its peoples even endorsing violence as the need arises. They also have many sacred objects and shrines to which their faithful pay pilgrimage. They both believe in sacred intercessors among their faithful who had shown exemplary religious fervor. They are all monotheistic religions. They have the Old Testament (Protestantism), the Torah (Judaism) and the Taurat (Islam). They all believe in a hell and a heaven as well as a judgment day. They all believe in a creator God who rules over the universe. They are all eschatological in nature. He was the senior companion and father-in-law of Prophet Muhammad. He was the first to truly believe in the prophet and led two major successful invasions against other caliphates as well as battles in the name of Islam. He was very influential then and now The social power from the Sunnis came from shared practices and strict adherence to religious practices such as