Same sex marriage will require lots of new laws. Scots Law is different from English Law so I suppose they will have to streamline it all. For example English Law says...
Section 12 of the Matrimonial Causes Act 1973 provides the ground for a voidable marriage. A marriage is voidable if it has not been consummated due to the incapacity of either party to consummate it. Consummation requires sexual intercourse which is ordinary and complete.
But Scots Law says consummation may be grounds for divorce but isn't required legally. Although civil partnerships law vary from marriage in some respects.
Heck I bet they wish they hadn't opened this can of worms. Oh and the 'opt out' for churches and ministers who disagree with the new law will last as long as the first court case at the ECHR. And priests and ministers who object to the new law can say goodbye to jobs at any quango , CAB etc...
Oh RM, yes I believe the laws of both countries will have to be rewritten and considerable cost. The civil marriage legislation did not include a rewrite because it was not already law, but the change in marriage will require endless changes.
Most folk aren't interested in this - regardless of their sexuality. But I believe the EU has something to do with insisting this becomes law.
PS Thanks for your links. I will read them this evening.
The EU will claim that marriage is a national competence not an EU one but look at Article 21 of the Charter of Fundamental Rights of the EU (2000). There's also Directive 2004/38 that says that spouses in same-sex marriages must be treated equally with members of opposite-sex marriages and case law, eg Mazuko, 2007. Then there's the recent European Parliament resolution on "homophobia". Young David is pushing for gay marriage, not just because it's trendy and right-on in Notting Hill dinner party circles, but also to avoid another prisoner votes fiasco. Here's a very helpful link explaining EU competences. By the way, the recent move of the Commission into the area of competence for offshore energy production regulation, bodes ill for Scottish independent oil income. By using the CFP as a template, eg EU control of resources within continental shelf, a Common Oil & Gas Policy can be created at the next Treaty negotiations to benefit the coffers of the banking and fiscal union at no cost to Germany and France.
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Very good SR!
Reminds me of Ali G talking about his Uncle Jamal being tri-sexual...in other words he would try anything sexual!
Same sex marriage will require lots of new laws. Scots Law is different from English Law so I suppose they will have to streamline it all.
For example English Law says...
Section 12 of the Matrimonial Causes Act 1973 provides the ground for a voidable marriage. A marriage is voidable if it has not been consummated due to the incapacity of either party to consummate it. Consummation requires sexual intercourse which is ordinary and complete.
But Scots Law says consummation may be grounds for divorce but isn't required legally. Although civil partnerships law vary from marriage in some respects.
Heck I bet they wish they hadn't opened this can of worms. Oh and the 'opt out' for churches and ministers who disagree with the new law will last as long as the first court case at the ECHR. And priests and ministers who object to the new law can say goodbye to jobs at any quango , CAB etc...
Some English Law...
http://www.lawteacher.net/family-law-resources/marriage-and-nullity.php
Some Scottish Law info...
http://en.jurispedia.org/index.php/Family_Law_(Scotland)
Wonderful !!!
LOL … (if that is not too politically incorrect) … :)
SR -your caption says it all -the rest is not worth the air it agitates.
Laws do not make human rights; it's human rights that shape laws.
Thank you FL. I really do object to all the time (and our money) which is being spent on this 'equality' issue.
Oh RM, yes I believe the laws of both countries will have to be rewritten and considerable cost. The civil marriage legislation did not include a rewrite because it was not already law, but the change in marriage will require endless changes.
Most folk aren't interested in this - regardless of their sexuality. But I believe the EU has something to do with insisting this becomes law.
PS Thanks for your links. I will read them this evening.
Sometimes a wee caption puts things in perspective doesn't it JRB? :)
That's the way it should be Crinkly but don't you think it's slowly changing?
Oh, come on. The changes in law will be minor and should have taken place years ago anyway.
But a good cartoon anyway even though we strongly disagree on the rights of the LGBT to fully participate in society.
Rosie,
The EU will claim that marriage is a national competence not an EU one but look at Article 21 of the Charter of Fundamental Rights of the EU (2000). There's also Directive 2004/38 that says that spouses in same-sex marriages must be treated equally with members of opposite-sex marriages and case law, eg Mazuko, 2007. Then there's the recent European Parliament resolution on "homophobia". Young David is pushing for gay marriage, not just because it's trendy and right-on in Notting Hill dinner party circles, but also to avoid another prisoner votes fiasco.
Here's a very helpful link explaining EU competences.
By the way, the recent move of the Commission into the area of competence for offshore energy production regulation, bodes ill for Scottish independent oil income. By using the CFP as a template, eg EU control of resources within continental shelf, a Common Oil & Gas Policy can be created at the next Treaty negotiations to benefit the coffers of the banking and fiscal union at no cost to Germany and France.
Brian, as usually you make research simple of people like me and I thank you for it.
Must look further into the off shore energy regulation. I wonder if the SNP will too.
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