Question: Critically analyse the extent to which it is true that ‘Marriage is still the referent; other partnerships are alternatives to it. Marriage … is accorded a privileged … status which provides a place for the legitimate expression of heterosexual desires, imbuing other types of sexual activity and other relationships with a lesser status’
(Diduck, A., and Kanagas, F., Family Law, Gender and the State (Third Edition, Hart 2012).
Answer: The trend for marriage is steadily declining. Alternatives to marriage, such as cohabitation, have become more widespread and common, whilst the Civil Partnership Act 2004 (CPA) has affected the sanctity of marriage itself. I will argue that whilst there are options available other than marriage, it is still an ideal that most aspire to and is still the referent. Moreover, despite its history as an oppressive institution, the core values of marriage mean that it is the model that the other alternative options follow. The most common definition of marriage that is used is the one provided in Hyde v Hyde and Woodmansee, in which, according to Lord Penzance, it is ‘the voluntary union for life of one man and one woman to exclusion of all others’ . This definition, from 1866, is seen......(short extract)
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Details: - Mark: 71% | Course: Family Law | Year: 2nd/3rd | Words: 2274 | References: Yes | Date written: October, 2012 | Date submitted: March 07, 2013 | Coursework ID: 778
