why should life partnerships same legal recognition as civil marriages? reason with two provisions and two case law
Life partnerships should have the same legal recognition as civil marriages because:
1. Equality and non-discrimination: Denying legal recognition to life partnerships is discriminatory and violates the principle of equality. All individuals, regardless of their sexual orientation or gender should have access to the same legal and social protections that come with civil marriage. This includes rights such as inheritance, property ownership, taxation benefits, and parental rights.
Case Law: Obergefell v. Hodges (2015) - In this case, the US Supreme Court ruled that same-sex couples have a fundamental right to marry and that denying them that right violates the Equal Protection Clause of the Fourteenth Amendment.
2. Social stability and support: Legal recognition of life partnerships is important for social stability and support. It enables couples to form committed, stable relationships that contribute to their emotional and financial well-being, and to the well-being of their families, friends, and communities.
Case Law: Andrews v. King (2017) - In this case, the Canadian Supreme Court ruled that denying legal recognition to common-law relationships was unconstitutional because it failed to recognize the contributions and stability of these relationships. The court held that common-law couples should have the same legal rights and benefits as married couples in terms of property division, spousal support, and inheritance rights.
Life partnerships and civil marriages should have the same legal recognition for several reasons. Here are two provisions and two case laws that support this argument:
1. Equality and Non-Discrimination: One of the fundamental principles underlying modern legal systems is the principle of equality and non-discrimination. Denying same-sex couples the right to have their life partnerships recognized with the same legal status as opposite-sex marriages goes against this principle. All individuals should have equal access to legal protections and benefits, regardless of their sexual orientation.
Provision: Article 7 of the Universal Declaration of Human Rights states that "All are equal before the law and are entitled without any discrimination to equal protection of the law." Similarly, Article 26 of the International Covenant on Civil and Political Rights guarantees equal protection under the law without discrimination, including on the basis of sexual orientation.
2. Social and Economic Benefits: Legal recognition of life partnerships can provide same-sex couples with numerous social and economic benefits that come with civil marriages. These benefits include property rights, inheritance rights, healthcare decisions, tax benefits, and access to social security and retirement benefits. Denying these benefits to same-sex couples perpetuates inequalities and hinders their ability to fully participate in society.
Provision: Providing same legal recognition to life partnerships can be seen in various jurisdictions around the world. For example, the Netherlands was the first country to legalize same-sex marriage in 2001, granting equal legal rights and protections to same-sex couples. Similarly, the United States Supreme Court case of Obergefell v. Hodges in 2015 ruled that the denial of marriage licenses to same-sex couples violated the Fourteenth Amendment's Equal Protection Clause, making same-sex marriage legal nationwide.
Case Law: Another significant case is the European Court of Human Rights' ruling in Schalk and Kopf v. Austria in 2010. The court held that the distinction between marriage and registered partnership based on sexual orientation violated the European Convention on Human Rights, emphasizing the importance of equal treatment and respect for same-sex unions.
By granting the same legal recognition to life partnerships as civil marriages, societies can promote equality, non-discrimination, and provide essential benefits and protections to all individuals, regardless of their sexual orientation.