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Same-sex marriage: A case commentary

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About the document

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documents in English
term papers
6 pages
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  1. Introduction
  2. Background to the decision
  3. The changes in the definition of marriage
  4. Public opinion polls
  5. The provincial legislatures
  6. The necessity for equality within all legal institutions
  7. Conclusion
  8. Works cited

The case to be reviewed concerns the legality of Same-Sex Marriage, which was designed to instill and protect certain aspects of legal capacity for marriage for civil purposes. Introduced in July, 2003, the constitutional law was intended to encourage the distribution of legislative power, specifically the solemnization of marriage. The proposed legislation provided that marriage for civil purposes could be recognized as the lawful union between two persons while excluding all others. Furthermore, the legislation provided that nothing in the Act would consequently affect the freedom of officials of religious groups. Specifically, those individuals who refused to recognize or perform a same-sex marriage under the tenets of their religious beliefs would not be affected by the legislation. This case was extremely important for the gay and lesbian community in Canada. Prior to the introduction of this legislation, same-sex couples were excluded from both the social and economic benefits of marriage based solely upon their sexual orientation. In actuality, the resistance to same-sex marriage stemmed from a religious subtext, as the collective social attitude towards the institution of marriage is derived from religion.

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