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The control of marriage by the stateHuman Rights CommissionKESMUN 2013The Control of Marriage by the StateA Background PaperBy Zaina Najem1.AbstractThis background paper will explain the issue of the control of marriage by the state, as well as marriage laws and their effect on society.This document focuses on the history of the issue and its current status, as well as United Nations initiatives that have already been placed into action. In order to be fully prepared for this conference, one must read this background paper and do extensive research on their designated countries. 2.Description and definition of the issueThe government has control over the basic necessities in life such as healthcare, roads and public schooling but should it have control over marriage? The concept of ‘marriage privatization’ states that the state should have no authority to define the terms of personal relationships such as marriage. Relationships are thought to be best defined by the private individuals, and not by the state.Throughout history, restrictions by the government have been placed on marriage based on age, gender, race, polygamy and/or relation. Over time, restrictions on marriage due to race have been removed in most countries due to the establishment of the 1967 Supreme Court Act. However, to this day, marriage laws concerning age, gender and relation (i.e. blood-relation) remain.In most nations around the world, the question of same-sex marriage is still widely discussed. Various nations are against the idea of same-sex couples engaging in theholy ritual of marriage, and most religions see it as a sin. However according to the Universal Declaration of Human Rights, Article 16 states ‘(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.? (2) Marriage shall be entered into only with the free and full consent of the intending spouses.? (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Only in Argentina, Belgium, Canada, Denmark, Iceland, the Netherlands, Norway, Portugal, Spain and Sweden is same-sex marriage one hundred percent legalized.Homosexuality is currently illegal in 76 countries and punishable by death in eight countries: Saudi Arabia, Iran, Yemen, Sudan, Pakistan, Afghanistan, Mauritania, and Nigeria. Introduction of same-sex marriage has varied by jurisdiction, being variously accomplished through a legislative change to marriage laws, a court ruling based on constitutional guarantees of equality, a ballot initiative, or a referendum. The recognition of same-sex marriage is a political, social, civil-rights and religious issue in many nations, and debates continue to arise over whether same-sex couples should be allowed marriage, be required to hold a different status such as a civil union or a civil partnership, or not have any such rights.The United Nations agreed upon a treaty called The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages which stresses that the consensual nature of marriages and requires the parties to establish a minimum marriage age by law and to ensure the registration of marriages. Hague Marriage Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides the recognition of marriages. Some countries give legal recognition to marriages performed in some other state under the Hague Convention on Marriages (1978). For this to apply, both the country of marriage and the country where recognition is sought need to be members of this convention. However there are implications of same-sex marriages as the Hague Marriage Convention does not recognize it.3. Glossary of the Issue: Marriage Privatization: Marriage privatization is the concept that the state should have no authority to define the terms of personal relationships such as marriage. These arguments are most often raised in the context of same-sex marriage. Civil Union: also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarried same-sex couples and to afford them rights, benefits, and responsibilities similar (in some countries, identical) to those of legally married couple.Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages: A treaty agreed upon in the United Nations on the standards of marriage. The Convention reaffirms the consensual nature of marriages and requires the parties to establish a minimum marriage age by law and to ensure the registration of marriages.Hague Marriage Convention: A multilateral treaty developed by the Hague Conference on Private International Law that provides the recognition of marriages. The convention was signed in 1978 by the Portugal, Luxembourg and Egypt, and later by Australia, Finland and the Netherlands. No countries have acceded to the convention since. Netherlands: First country to legalize same-sex marriage in 2001.Polygamy: is a marriage which includes more than two partners.History of the Issue:Over the years, the restrictions on marriage have been reduced significantly. In the Western world certain jurisdictions have had regulations banning or restricting interracial marriage in the past, including Germany during the Nazi period, South Africa under apartheid, and many states in the United States prior to a 1967 Supreme Court decision. Interracial marriage in the United States has been fully legal in all U.S. states since the 1967 Supreme Court decision that deemed anti-miscegenation laws unconstitutional, with many states choosing to legalize interracial marriage at much earlier dates. The United States has many ethnic and racial groups, and interracial marriage is fairly common among most of them. Multiracial Americans numbered 7 percent of married couples in 2005, up from 2 percent in 1970. Interracial marriage is now legal in most countries.The status of same-sex marriage changes frequently as legislation and legal action takes place around the world. The Netherlands in 2001 was the first country to legalize same-sex marriages, with the first marriages performed in the Amsterdam city hall on 1 April 2001. Since then, same-sex marriages have been performed legally by Belgium (2003), Spain (2005), Canada (2003 - in some provinces; 2005 - nationally), South Africa (2006), Norway (2009), Sweden (2009), Portugal (2010), Iceland (2010), Argentina (2010) and Denmark (2012).In the United States, same-sex marriages are performed in its federal district, the District of Columbia (2010), and in nine states : Massachusetts (2004), Connecticut (2008), Iowa (2009), Vermont (2009), New Hampshire (2010), New York (2011), Washington (2012), Maine (2012) and Maryland (2013). A 1996 law prevents the U.S. federal government from recognizing same-sex marriages, but this law is under challenge in the courts and was in 2010 ruled unconstitutional by a federal district court in Massachusetts. This ruling is currently under a stay, but if the stay is lifted, same-sex marriages in Massachusetts would be afforded both state and federal recognition. If the case is affirmed on appeal, it could be applied regionally in the U.S. or, if affirmed by the U.S. Supreme Court, nationwide.In Mexico, same-sex marriages are performed in Mexico City (2010) and Quintana Roo (2012), but same-sex marriages are legally recognized throughout the country.Current StatusThe topic of same-sex marriage is widely discussed around the world. The United Kingdom has been debating on whether same-sex marriage should be legalized or not.Since 2005, same-sex couples have been allowed to enter into civil union. On 11 December 2012, the Minister for Women and Equalities, Secretary of State Maria Miller announced that the Government will bring forward same-sex marriage legislation for England and Wales in early 2013.In response to the consultation results, the proposals were extended to allow religious organizations to 'opt-in' to performing same-sex marriages if they wish, and a 'quadruple-lock' of additional measures to put the protection of religious freedoms "utterly beyond doubt".On 24 January 2013, The British government published a legislation to allow marriage for same-sex couples. The bill is titled the Marriage (Same Sex Couples) Bill. The Marriage (Same Sex Couples) Bill was introduced to the House of Commons by Maria Miller, and a full debate occurred at the Second Reading on 5 February. On 5 February 2013, the bill passed its second reading in the House of Commons by 400 votes to 175.The Bill is currently being examined by the Marriage (Same Sex Couples) Bill Committee, a Public Bill Committee established to scrutinize the Bill line-by-line. The Committee will return the Bill to the House of Commons for its report stage by 12 March 2013. Delegates must do in-depth on the views of both parties involved in this issue.France is another country undergoing significant changes in their constitution.A bill to legalize same-sex marriage, Bill 344, was introduced to the National Assembly by the Socialist government of Prime Minister Jean-Marc Ayrault on November 17, 2012, with the support of President Fran?ois Hollande, who declared his intent to support the legislation during his campaign for the presidency. Article 1 of the bill was passed on February 2, 2013 by a 249-97 vote, defining marriage as being an agreement between two people. On February 12 the National Assembly of France approved the bill in a 329-229 vote. Once again, more research is required.6.Conclusion It is inevitable that governments should have control on marriage but to what extent is it acceptable? Restrictions and laws have to be implemented in order to protect the rights of the spouses. In the past, restrictions were removed because the public sought for a change to occur in their country’s legislation. In order for a change to occur, members of State must come together and asses the implications of each restriction implemented by the governments. Works Cited ................
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