Same Sex Marriage in Canada

Same Sex Marriage in Canada

Introduction

This research paper is a debate over the socio-legal same sex marriage in Canada. The impact which rose over the culture framed a legal debate to raise an issue over the common law which has been legalized in Canada's law. In 2002-05, many legal laws have become a revolution such as the same-sex marriage being legalized in Canada and USA. There have been legal debates about the private and public distinction over the gay and lesbian marriages. It is important to research over the framework of the same sex marriages and common law behavior in the society (Lunman, K., 2003).

The topic explores all the politics going around two cases which are constituted by lesbian and gay litigants and their allies. All the theoretical politics and the legal decisions being decided by the law and justice will be interpreted in this research paper. The issue has been also raised in the media due to which it has been more enlighten in the whole of Canada. Many of the courts of USA and Canada debated over such unethical act of marriage but the debate still dint end up with any valid and ethical solution (Lunman, K., 2003). The implications derived over the Charter and the impacts of its developments are still in an argument with an incomplete answer. The impingement of the Charter that put forward a negative outcome has also proved many solutions to be wrong. The issues swiveling around the morality and the culture of rights are to be discussed with reliable reference to the text. There are many unforeseen and controversial consequences which travel around with Charter shifting of rights to promote same sex marriages (Lunman, K., 2003).

Discussion

Same-sex marriages have been an issue in many countries but an act passed in 1996 which promoted and legalized same-sex marriages. Miriam Smith, professor at Toronto York University, said that there have been many disagreements and accusation in the past few years back because she feels like people come out with this complain that it is ethically unfair. She even supported with a point that in the 1960s and 1970s it has been a Halloween tradition in Canada where all the gay and lesbian individuals were granted freedom to the common law act (Lunman, K., 2003).

The Legalization of Same Sex Marriage in Canada

The civil marriage act has been passed in 2005 by the parliament of Canada after many legal disputes have been counterfeited and named as Bill C-38. This statute was entitled as the Civil Marriage Act. Although the government is supporting these gay/lesbian marriages because of the key foundation of the Canadian society, but it has also invoked its issue in the clause of section 33 of the charter against the same-sex marriage (Bowal, P., 2005).

Under section 2 it is mentioned that marriages of the same sex is a lawful union of two same sex individuals while replacing one man and a woman. It was highly controversial when this Bill was passed in the ...