By Nicola Barker (auth.)
Read Online or Download Not The Marrying Kind: A Feminist Critique of Same-Sex Marriage PDF
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Extra resources for Not The Marrying Kind: A Feminist Critique of Same-Sex Marriage
Sample text
In any view of Christian marriage the essence of the matter, as it seems to me, is that the children, if there be any, should be born into a family, as that word is understood in Christendom generally ... But this is not the same thing as saying ... that procreation of children is the principal end of marriage. Counsel were unable to cite any authority where the procreation of children was held to be the test in a nullity suit. (per Viscount Jowitt LC in Baxter v Baxter [1948] AC 274 at 286, emphasis added) Sir Mark Potter did not consider the precedent of Baxter in his judgment and his view that procreation and child-rearing are the essence of marriage is anomalous and, I would argue, wrong in the context of contemporaneous UK judgments and obiter dicta on marriage and the House of Lords’ judgment in Baxter.
Kees Waaldijk categorizes these separate provisions as either ‘quasimarriage’ as in the case of the more comprehensive registered partnership provisions or as ‘semi-marriage’ as in the case of those which require registration but confer only some of the legal rights of marriage, such as domestic partnership or the pacte civil de solidarité (PaCS) (Waaldijk, 2004, p. 570). Yuval Merin (2002, p.
These formalities also indicate that marriage is a public commitment. However, if the formalities are not followed, the marriage may nevertheless be upheld where the parties genuinely believed they had contracted a valid marriage (see, for example, Chief Adjudication Officer v Bath [2000] 1 FLR 8). Again, this is a measure of protection for parties who are acting under the genuine belief that they are married: because of the importance that English law attaches to marriage and the consequent legal disadvantages inherent in a finding that a party is not married, the law has long treated any challenge to the integrity of an individual marriage with suspicion.