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Analysis Of The Legalization Of Same-sex Marriage In Australia

Posted on:2019-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhuFull Text:PDF
GTID:2416330596452302Subject:History of law
Abstract/Summary:PDF Full Text Request
With the development of multi-culture in the world,homosexuality as a subculture is increasingly understood and accepted by the public.People's attitudes towards homosexuality have also gradually changed.Under the general trend of majority support for gay equality in Australia,the existing marriage system can not guarantee the right of homosexual groups to enter into marriage,at this time the marriage system is facing the pressure of change.Australia's legalization of same-sex marriage has its own typical characteristic,and Australia,has gone on to establish a marriage system that is the same as that of the United Kingdom is the de facto relationshipas guarantee same-sex couples a transition to achieve same-sex marriage road.Thede facto relationship is a transition to the right of same-sex couples and a way to Australia has adapted its traditional marriage law to include homosexual groups in the context of the marriage that can be concluded.In the process of legalizing same-sex marriage,there have been several important events,the iconic event is the de facto relationship Act amendment in 1999,which is New South Wales(the Property(Relationships)Act 1984(NSW),it includes gay couples into the division of Property and other fields at the same time,the de facto relationship has made the new definition,refers to two unmarried person live together in the name of family relations,modify the provisions beforede facto relationship between applies only to the opposite sex,the law officially recognizes same-sex de facto relationship.On August 8,2017,Australia announced a plebiscite on the legalization of same-sex marriage,which provided a certain basis of public opinion to legalize same-sex marriage on December 7,2017.By analyzing the legalization of same-sex in Australia and other countries,this paper analyzes the significance of legalizing same-sex marriage and its revelation to China.The introduction introduces the current research on the topic of legalizing same-sex marriage in Australia.The first part of the text deals with the legalization of de facto partners and the process of legal protection for same-sex couples through the expansion of the definition of de facto partnerships.It also introduces the legal provisions on the establishment and dissolution of the de facto partners and the distribution of the property after the dissolution of the de facto partners;The second part expounds the national plebiscite of the legalization of same-sex marriage in Australia,which leads to the controversy over its constitution,and shows the same-sex marriage has a broad public basis;The third part discusses the proposal of the Marriage Amendment(Definition and Religious Freedoms)Act2017),the consideration and adoption of the bill,and comments on the content of the bill,and discusses the value basis of the legalization of same-sex marriage in Australia;the fourth part analyses the path to legalize same-sex marriage in Australia,summarizes the characteristics of common law countries legalize same-sex marriage,and to explore the significance of Australian same-sex marriage is legalized path,why should be protected from de facto relationship to same-sex marriage.The conclusion part discusses the choice of legalization path of same-sex marriage,and discusses the enlightenment of the legalization trend of same-sex marriage to the legislation of same-sex marriage in China.
Keywords/Search Tags:Australia, Britain, De facto partnerships, Same-sex marriage, Legalization
PDF Full Text Request
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