homosexuality

Question 1

1: traditionally, what was homosexuality seen as?

Answer 1

immoral act

Question 2

1: what has happened in last century?

Answer 2

same sex relationships have been considered acceptable in society

Question 3

1: what is social institution as mentioned before?

Answer 3

‘interaction among activities, people, and places over time’

Question 4

1: what is law essentially?

Answer 4

a product of these institution’s morals, ideas and standards.

Question 5

1: The idea that law is a social institution is illustrated by?

Answer 5

changes in law over time and the changes in attitudes towards homosexuality that arise simultaneously.

Question 6

1: what has happened with view of same-sex rel/ships?

Answer 6

gradual acceptance and legal recognition

Question 7

1: evidence of acceptance and legal recognition of homosexuality?

Answer 7

the evolving attitudes towards homosexuality reflected in various cases and legislation, in which the law has responded positively to the changes in these social standards

Question 8

1: e.g. of legal recognition and change?

Answer 8

Hope and Brown v NIB 1995
where couple denied access to family health insurance on basis of sexual orientation.
granted insurance after attesting such treatment, recognised as couple as family and policy was discriminatory

Question 9

1: such social standards have shaped the law, reinforcing that?

Answer 9

law is dependent on a social construct

Question 10

2: One of the most significant legislative changes was

Answer 10

passing of the Property (Relationships) Legislation Amendment Act 1999 (NSW), which granted same-sex couples inheritance rights in line with heterosexual couples, as well as access to the District Court in a relationship break down.

Question 11

2: however, as law depends on social fact,

Answer 11

♣ there are other institutions such as religious groups, that curb the acceptance of homosexuality in light of their own social standards.
♣ This is evident where the law does not encompass every aspect in the recognition and protection of same-sex couples

Question 12

2: in addition, Howard gov passed?

Answer 12

the Marriage Amendment Act 2004 (Cwlth) consolidating that marriage in Australia is the union between man and woman only
demonstrating the beliefs of the social institution = gov, on same-sex marriages

Question 13

2: what can limit law as social institution?

Answer 13

However, external systems, for example, law systems and governments, can limit the degree to which the law wholly represents social institution, in this case, homosexuality

Question 14

2: what happens if take these authoritative systems out of equation?

Answer 14

law is intrinsically a social institution.

Question 15

3: What caused social upheaval amongst homosexual community?

Answer 15

In 2006, the Human Rights Commission published a report titled ‘Same-sex: Same Entitlements’, which found that 58 federal laws discriminated against same-sex couples in areas of financial and work-related entitlement

Question 16

3: how did law respond and reflect these moral?

Answer 16

by means of the Family Law Amendment Act 2008 (Cwlth).

Question 17

3: what changes and alterations made in federal laws?

Answer 17

to remove the provisions discriminating against homosexual couples, and thus, they were granted rights pertaining to financial matters.

Question 18

3: how is law as social institution demonstrated here?

Answer 18

where the Amendment and law mirror/embraces same-sex couples as equals with heterosexual couples