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The Forum > Article Comments > Gay marriage reform New York style > Comments

Gay marriage reform New York style : Comments

By Tanel Jan Palgi, published 1/7/2011

They made a brand new start of marriage, right there in old New York...

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This article, like the New York style 'reform' it extols, avoids the elephant in the room.

Regrettably, the 'reformers' failed to take into account their universal human rights obligations towards those children who will be affected by these same sex 'marriages'.

Effectively, the establishment of same sex 'marriage' contravenes the solemn obligation to ensure 'as far as possible, a child's right to know and be cared for by his or her parents' (Article 7 Convention on the Rights of the Child).

There are of course many children who through tragic circumstances are cheated of this right.

But it is intellectually dishonest to pretend that setting up radical new marriage laws and corollary laws to guarantee same sex couples' access to adoption, IVF and surrogacy—a raft of laws that deliberately deprive a child of the intimate knowledge and care of his/her own mother or father—is anything other than an intolerable form of human rights abuse.

International human rights have long recognized the concept of a "special protection" that "shall not be considered discriminatory" (e.g. Convention on the Elimination of All Discrimination Against Women (CEDAW) Article 4). The significant legal distinction that acquits any Covenant law from the charge of being discriminatory is that it "aims to protect"—the child, the mother, the natural family...

And so, it would be wrong to label as discriminatory, our current marriage laws that promote full recognition of "the social significance of maternity and the role of both parents in the family and in the upbringing of children" and that acknowledge "that the upbringing of children requires a sharing of responsibility between men and women …"(CEDAW Preamble & Article 5).

Indeed, the human rights directive here is unmistakable: that governments must not promote the deliberate creation of situations where the responsibilities of procreation and raising a child are NOT shared between a man and a woman and where full recognition is NOT given to the role of both parents (i.e. not just the maternal parent and her lesbian partner, or the paternal parent and his homosexual partner) in the upbringing of children.
Posted by RitaJ, Friday, 1 July 2011 9:53:11 AM
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We're actually talking about marriage equality here not the raising of children, RitaJ, but since you brought it up: there is now plenty of evidence around that children raised by same-sex couples do just as well, actually sometimes better, as children growing up in heterosexual households.

http://news.stanford.edu/news/2010/august/gay-study-083010.html

http://www.time.com/time/health/article/0,8599,1994480,00.html

http://www2.canada.com/theprovince/news/story.html?id=38cc20ce-7f14-44ea-b4d9-d4cd16d7a269&k=9378
Posted by Ronson, Friday, 1 July 2011 10:22:27 AM
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Good piece, I've never understaood the hate that fills some people, other then to think it's a form of project self loathing.
Posted by Kenny, Friday, 1 July 2011 11:29:43 AM
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Personally I can't see what all the fuss is about. Marriage is a serious commitment fo anyone to make and it should be about love. If two consenting adults want to get married and they love each other - what's the big deal? In this day and age it should be a choice that is available to all adult members of society. The marriage act should be about "inclusion," not "exclusion." I definitely agree, as I'm sure so do most reasonable thinking people. Let's have a Referendum - and let the country decide. An elected government should legislate on behalf of all its constituents - not just a select vfew.
Posted by Lexi, Friday, 1 July 2011 11:38:10 AM
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Men and women probagated the human race.
Religious leaders, rulers of tribes and of nations took it upon themselves as a means of increasing their support base by enforcing laws and creating marriage as an institution between men and women.
Today the world is getting over populated and many religious groups are losing their support base in droves.
If two people are happy and are willing to share their life together what right do we have to deny them the law of the land and the marriage institution. Are we that narrow minded or are we brain washed by our misguided religious leaders.
There are cases reported of a human wanting to marry his pet be it a dog, a pig, or a horse. Now that's taking it too far and I would certainly object to that.
Posted by Aquarius, Friday, 1 July 2011 1:26:10 PM
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Aquarius

>> Are we that narrow minded or are we brain washed by our misguided religious leaders.<<

Apparently we are that narrow minded, even Julia Gillard.

>> There are cases reported of a human wanting to marry his pet be it a dog, a pig, or a horse. Now that's taking it too far and I would certainly object to that. <<

I only object because an animal is unable to give consent.

;P
Posted by Ammonite, Friday, 1 July 2011 1:45:00 PM
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