The invisibility of marriage
Galloway, Kate (2012) The invisibility of marriage. Curl: Property law, women and law, contemporary legal issues, 4 January 2012 .
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[Extract] By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing (Sir William Blackstone, Commentaries on the Laws of England. Vol, 1 (1765), 442
In the contemporary debate in both Australia and internationally over same-sex marriage, I have been torn between my antipathy towards the institution of marriage and my desire to see a more inclusive society. In this post I consider this tension in an attempt to articulate a consistent basis from which to understand 'marriage' in a way that respects all as individuals in their own right and likewise affords respect at law to the domestic partnerships they enter into.
|Item Type:||Article (Commentary)|
Curl: Property law, women and law, contemporary legal issues is the blog of Kate Galloway and is available at http://katgallow.blogspot.com.au/ (12 September 2012)
|Keywords:||identity, invisibility, law, marriage, same-sex marriage, women|
|FoR Codes:||18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law @ 100%|
|SEO Codes:||94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%|
|Deposited On:||12 Sep 2012 15:14|
|Last Modified:||12 Sep 2012 18:01|
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