LAWS70186 Human Rights Advocacy

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Question:

Write an essay on the best way to protect and look after same-sex couples in Australia.

Answer:

Introduction

Australia’s debate over same-sex marriage is heated. On several occasions, the government refused to legalize gay marriage in different states.

Unchanged is the fact that Australia has many same-sex couples. All of them tend to freely express their love and need consent from the government to live legally together. This is just like a man and a woman.

The existence of homosexuality in humans and animals has been evident since the beginning of time (Joslin 2017).

White, 2015. The Australian government cannot afford the rigidity and conservative views that homosexuality is seen as perverse, and should be shunned, or looked down upon. It must be able to manage large numbers of queer and same-sex couples, who simply desire to be heard and live the life they want (White, 2017).

A case study analysis shows how difficult it was for gay couples in Sydney to get the consent of government six years ago.

This assignment will outline the details of the case study and make recommendations about how the government can protect and look after same-sex couples in Australia.

Sam Peterson and Michael George were a couple of gay men who decided to marry each other in Sydney, Australia on the 5th June 2012.

Sam Peterson was a physician, while Michael George is a lawyer by trade.

Michael George was a lawyer and was acutely aware of the rigid attitude of the Australian government towards same-sex marriages.

His partner advised him to give it a shot and to approach their nearest parish to get married like other couples.

They were met with resistance throughout the process, with times when they felt compelled surrender to their efforts rather than continuing.

Sam Peterson and Michael George refused, at first, to marry under Roman Catholic tenets.

Devout Christians, the couple sought to wed by adhering to all religious protocols and conventions. However, the clergymen who approached them over the matter denied them the right to do this.

Sam Peterson and Michael George tried their luck in other churches and parishes around Sydney, but no success.

The same sex couples reached out to a Jewish priest in desperate need of help. He refused to give them his respect.

After being rejected by religious authorities many times, Michael George decided to seek out legal help.

To obtain the license, the petition had to be filed in Sydney’s district court. A priest would also have to attend the ceremony to bless them.

Michael George had submitted all petitions to this effect. None of the city court’s courts would grant the couple the legal permit to marry.

Well-known gay rights lawyers and activists in Sydney took the matter up and tried to push it to the highest courts to resolve the issue.

Sam Peterson, Michael George, and their efforts to get married were stopped by the fact the government wasn’t inclined to support same-sex marriage.

The same sex couple tried their luck with other Australian cities, towns and villages, but failed to succeed. Many of these institutions held rigid views on the subject, including the legal, social and religious.

As you can see, Sam Peterson (and Michael George) were unsuccessful in their attempts to marry.

Although they were deeply in love and could live together as a civil couple, they were not able to get married in the religious or legal sense. This despite them being well-off and religious citizens and following all government regulations. (Franklin (2014)

Even the support they received from gay rights groups and other members in civil society didn’t go to their aid. They tried desperately to be a married couple in both the religious and legal senses, rather than just being partners.

This was because the legal and constitutional framework in place at that time didn’t give counsels and government officials the authority to allow gay marriage the dignity, sanction, or legal status that it deserved (Fejes 2016).

White (2015). The case study also shows no attempt by legal authorities or clergy in Sydney and in other towns Sam Peterson and Michael George made to get married to protest against the government’s rigid approach to gay marriage.

If some opinions had been strongly voiced, and if there were attempts to protest against the government’s dictates, even if it meant that they might face legal or criminal action for doing so, this could have helped to fight the government’s conservative stance (Rhodebeck (2015)).

Sam Peterson and Michael George were able to draw the attention of civil society and humanitarian activists, but they failed to get the backing from the religious and legal institutions of the country to grant them the status that was theirs.

The case study shows that only the government can effect change in the lives the same sex persons living on it by introducing progressive religious or legal measures that acknowledge and accept homosexuality and give it the approval or legalization it so desperately needs (McLean 2017, McClean).

Recommendations for Protecting the Human Rights Of Same-Sex Couples

There are many different ways to protect the rights of the same sex couple.

The federal law allows for new definitions of de facto relationships and de facto partners.

Both definitions should cover a range of important aspects including consistency, inclusiveness, flexibility, consistency, and evidentiary guidance (Asal & Sommer 2016).

The law of the land should recognize the legal status for children adopted by same-sex couples.

This will encourage same-sex couples to have children and build families in the same manner as heterosexual couples. It will also create legal grounds for marriage.

A court of law will give permission to a gay couple to marry if they have children and are able to provide a loving and safe environment for them.

The law should reflect a better understanding of homosexuality.

The law of the land should not be used to stigmatize homosexuality. It should be viewed as another form or sexuality that people identify with, rather than as something illegal and worse, as something against God and nature.

There should be a proliferation in civil society institutions and organizations that are active in ensuring that gay rights and freedoms are fully recognized throughout the country.

The law and authorities should offer protection to lesbian and gay couples who are particularly vulnerable in heterosexual and rigid neighborhoods. These areas often make it difficult for them to be accepted and protected.

These law and order protections should be available 24 hours a day so gay couples can get the support they need to protect themselves and their loved ones (Fejes 2016).

Legislators should push for penal action against gay and lesbian couples who are actively trying to harm them.

Similar sex couples must be protected in the same manner as other people against racism.

If they are physically harmed, or attacked, law and order authorities should try to help them. They can also take strict action against those who want to hurt them. (Galligan & Morton 2017, 2017).

Particularly, legislators, human rights organizations, and civil society must increase awareness of gay and lesbian rights so that people are made aware that they are human rights that are not to be violated.

It is up to artists and filmmakers to spread awareness about gay rights. This will help people understand that these rights are important and should not be violated.

It is essential that gay rights law be included in all legal discipline coursework and curriculum.

In order to be able to practice gay rights or same-sex law in the future, law students should be allowed access to this subject.

If same sex is allowed to be practised at the national, district and local levels simultaneously, gay rights and lesbians rights can be adequately protected.

It is necessary to set up counseling centers that specialize in helping gay couples and same sex partners with therapy in the event they are traumatized by discrimination.

This will allow gay couples to overcome the obstacles they face. It will also assist in protecting their rights and ensuring their social status.

Gay people are human beings like all others. They have the right of access to mental health professionals and counselors who can help them overcome their anxiety, depression, trauma and other issues (Hunter 2017, 2017).

Conclusion

For society to move forward and advance in the most positive way, it is imperative that same sex couples are protected.

Only when each individual citizen is recognized by the government, can they be said to have done a competent job protecting them.

The rights of sexual minorities, such as gay couples, should be recognized and granted the same rights or legalities as those who are heterosexual.

Gay love is just like conventional love. Gay couples deserve all the support and guidance from the government.

If gay couples are allowed to marry, the government will look out for their best interests and make sure that their dignity and human rights are respected.

References

Legal Path Dependence and The Long Arm Of the Religious State: Sodomy Provisions Across Nations and Over Time.

SUNY Press.

Rainbow Rights.

InSexuality and Equality Law, pp.

Latin America’s gay rights movement is happening out in the margins.

Gay rights and moral panic. The origins of America’s debate on homosexuality.

Marrying Liberty, Equality: The New Jurisprudence of Gay Rights.

Australian exceptionalism: Rights protection with no bill of right.

InProtecting rights without a bill of rights (pp.

The argument against sex discrimination in gay rights cases.

In Sexuality and Equality Law, pp.

The gay rights Canon and the right to nonmarriage.

BUL Rev. 97, 425

(2015).

Legislative Invalidation and Human Rights Protection. (2017).

InBills of Rights (pp.

Libraries as agents of social justice and human rights protection for sexual minorities in India: An action-based manifesto to promote progressive change

Perspectives on Libraries as Institutions of Human Rights and Social Justice, pp.

Emerald Group Publishing Limited.

Equal rights: Why gay rights matter in America

Another issue: voting on gay rights in recent US presidential elections.

Journal of homosexuality. 62(6): 701-734.

Reforming Sodom: Protestants’ rise to gay rights.

Beyond homonegativity. Understanding Hong Kongers’ attitudes toward gay/lesbian people, the protection of their sexual orientation, and same-sex marital relationships.

Journal of homosexuality, 65(10) 1372-1390

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