Saturday, February 15, 2020

The objective of the marriage statutes and same sex marriage Essay

The objective of the marriage statutes and same sex marriage - Essay Example tural justice for those responsible for formulating the statutes were expected to have foreseen the problem and adequately address it even before it happened. There is no way the marriage statutes could forbid same sex marriage giving clear definitions of marriage and what society should take it to be in some clause and then intentionally give another contrary idea of what marriage is in its subsequent definitions of marriage without raising any debate (Eskridge, 2001, 853-881). The idea of the marriage licensing laws not prohibiting same sex marriage can be taken as an intention to undermine the inefficiency of grammar in those laws to completely substantiate the object of the encompassing or parent law which is the marriage statute, the object being protection of marriage between people of different sexes for purpose of procreation. This led to existence of a loophole where people of differing opinions could create grounds of making believe the constitutional law is ambiguous in it s intentions thereby creating a constitutional avenue through which same sex marriage thrive (Snyder, 2006, 35). By passing that law the intention of the law was subverted and ordinary and approved use of language principle of interpretation of law was misused to beat the very intention of the law. The intention of the marriage statute is clear; the marriage licensing laws are a mere branch through which the objectives of the marriage act are attained and implemented. The marriage statute does not have a provision to indicate that it might have any other differing opinion based on how it substance is interpreted in its subsequent implementation. The meaning of marriage in the laws of Massachusetts can be taken to be silent and its true intent can only be arrived at when subjected to... This essay analyzes that the court's solution to this case far exceeded its jurisdiction mandated by article 30. It amounted to statutory revision when the court interpreted the gender-specific language as gender neutral which resulted into a statutory revision that replaced the intent of the legislature with that of the court.  This essay analyzes that the court's solution to this case far exceeded its jurisdiction mandated by article 30. It amounted to statutory revision when the court interpreted the gender-specific language as gender neutral which resulted into a statutory revision that replaced the intent of the legislature with that of the court.   It is clear that same-sex marriage has always been forbidden under the marriage statutes and that the court of Massachusetts abrogated the purpose of the substantive due process which is to protect existing rights and not create new ones, to deter government intrusion and not invite it. The Court should not have sanctioned same-s ex marriages giving a rationale that denying such a right would be tantamount to denying other rights such as raising children that are accorded under marriage. The legislature needs to have had some rationale basis to conclude that family structures of such nature have not been sufficiently concluded to be an equivalent of marital family structure that has established itself as a successful one through out history. People have the right to raise children in any manner of family structure as long as they don’t pause any danger to them socially psychologically or otherwise.

Sunday, February 2, 2020

The Whiteness Questions Reading + Questions Coursework

The Whiteness Questions Reading + Questions - Coursework Example According to the arguments presented in the article, it seems that many whites do not fully understand the meaning of whiteness in the American context. Even with this as the case, racism, gender discrimination, and imperialism still persists. Interestingly, the whites exhibit an identity that they cannot adequately explain. However, the race, gender, and the white-self factors hold the answer to the contemporary whiteness question. White people have defined themselves based on their white race and gender, but they have overlooked self-actualization relative to this race. The author argues that a good percentage of the white population is still struggling to understand the meaning of whiteness from a political and historical point of view. Amid this, whiteness continues to sink in the hearts of the whites, thus enabling them to understand the dynamics of whiteness and what comprises racism out of the whiteness question. It emerges from the reading that there are white people who have never considered the white to be a race. From this perspective, it can only be argued that a race comprises of people of color; obviously this not true. This indirect notion was to some extent uncomfortable at a personal level. It never occurred to me before that the whites do not fully understand their whiteness. On the other hand, the fact that there are white people who are always joining the civil rights pursuit in favor of people of color resonated with me. The whiteness question is undoubtedly important to address. The issues raised by this question affect whites and people of color in one way or another. However, there is an ultimate personal question and point of confusion when it comes to asserting who is really white and what exactly it takes to be white. What I do not understand is the ‘pure’ aspect of whiteness. Personally, I have interacted with both whites and people of color from the North and South sides of the United States. From my experience, the