In five pages this paper presents the argument that the marriage definition is outdated and needs to be changed with the emphasis being on English law. Seven sources are listed in the bibliography.
Name of Research Paper File: TS14_TEmarrge.rtf
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it is defined by a Christian act that is "a voluntary union between one man and one woman to the exclusion of others" from Lord Penzance in Hyde v
Hyde (1866). The definitions are old and it may be argued that they are also outdated. The definitions of marriage are then supported by the Marriage Acts of 1949 and
1970 (Ivamy, 2000, Cretney and Masson, 1998). This view of marriage man be seen as old fashioned, however the union remains a
contract that is formed between tow parties, and for the contract to be valid both parties should be consenting. Therefore, there is little that can argued in stating that this
part of the definitions are not longer valid. However, the aspect that states the relationship between husband and wife is formed may be seen as questionable. In the times that
the Hyde case was same sex marriages were unheard of, today the situation is different. Sexual relationships between same sex partners are legal under the law in England and Wales,
and with increasing social constructs supporting partnerships of different types it would appear to be prejudicial to disqualify same sex partners form marrying. This would indicate that they are either
not capable of making the same commitments, or that there is an inherent wrongness in same sex relationships that does not deserve the same level of social recognition.
In considering if the old definitions are still valid or should be changed current social constructs need to be considered. The structure of marriage has changed. This used to be
the institution that was seen as necessary for the raising of a family. If we accept that this is a fundamental part of marriage then this may be a reason