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The objective of the marriage statutes and same sex marriage - Essay Example

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This essay analyzes that the idea of the marriage licensing laws not prohibiting same-sex marriage can be taken as an intention to undermine the inefficiency of grammar in those laws to completely substantiate the object of the encompassing or parent law which is the marriage statute…
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The objective of the marriage statutes and same sex marriage
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Download file to see previous pages tural justice for those responsible for formulating the statutes were expected to have foreseen the problem and adequately address it even before it happened. There is no way the marriage statutes could forbid same sex marriage giving clear definitions of marriage and what society should take it to be in some clause and then intentionally give another contrary idea of what marriage is in its subsequent definitions of marriage without raising any debate (Eskridge, 2001, 853-881). The idea of the marriage licensing laws not prohibiting same sex marriage can be taken as an intention to undermine 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 people 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 misused 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 based 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 court's 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 legislature with that of the court. This essay analyzes that the court's 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 legislature 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 substantive due process which is to protect existing rights and not create new ones, to deter government intrusion and not invite it. The Court should not have sanctioned same-sex marriages giving a rationale that denying such 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 don’t pause any danger to them socially psychologically or otherwise. ...Download file to see next pagesRead More
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