English Law’s Approach to Same Sex Marriage Essay -- Law Legal Same Se

IntroductionThe phenomenon of said(prenominal) sex marriages is relatively new but is gaining popularity day by day. The notion has already been welcomed and enacted as law in different jurisdictions. However it lacks proponents within the UK legal system which is reluctant to allow such relationships to be regulated into marriages. There be two topical situations faced by English law which need to be considered the right of aforementioned(prenominal) sex people to embrace and the right of the transsexuals to marry a person of the opposite sex post their gender reassignment. Although English law stands in stark contrast compared to the other democratic states that slang allowed same sex marriages. However there have been some recent developments in English law which demonstrate its approach towards the above two situations. This article testament argue that the history of English marriage law is one in which the most provocative anxieties raised by transsexual and same sex spou ses have been afforded considerable recognition. The first part of the essay outlines the reasoning of English law for non-recognition of same sex marriages celebrated overseas. While the second part points out the reference English law has afforded to transsexuals. Part-I Same sex marriages celebrated overseas Sec.11(c) of the Matrimonial Causes Act 1973 declares that a marriage would be void if the parties to it are not singly male and female. Apparently this leaves no room for further argument. However there have been a number of occasions where the decision of the UK courts of not allowing recognition to same sex marriages has been challenged. A recent case decided in the High Court highlights the English stance on same sex marriages that took place out-of-door the... ... http//www. jstor.org/Wright, W. 2006. The tide in favour of equality same-sex marriage in Canadaand England and Wales. International Journal of Law, Policy and the Family Online. 20(3). Accessed 12th De cember 2010. Available from World Wide wind vane http//www. oxfordjournals.org/LegislationCivil Partnership Act 2004Family Law Act 1986Gender Recognition Act 2004Matrimonial Causes Act 1973Marriage act 1949Cases Wilkinson v Kitzinger 2006 EWHC 2022 (fam)M v Secretary of State for Work and Pensions 2006 2 WLR 638Rees v UK (1986) 9 EHRR 56Goodwin v UK 1996 ECHR 16 Corbett v Corbett 1971 P 83W v W 2001 Fam. 111Bellinger v Bellinger 2001 EWCA Civ. 1140I v UK 35 Eur. Ct. H.R. 592 (2002)Parry v UK Appl. No. 4297/05Websiteshttp//www.wcl.american.eduhttp//www.dca.gov.uk/constitution/transsex/statement.html.