Society

Gay Marriage and Legal Fiction

There are many sound reasons why same-sex unions should be recognised in law, but marriage in accordance with law is not the way to do so. To use marriage as the means of recognition, no matter how desirable it may seem to its proponents, would do no more than create a legal fiction. Of course, from time to time, the law will create a legal fiction for reasons of convenience. For example in various instruments and acts one will find provisions such as reference to one gender means and includes all other genders. But to provide that reference to marriage…

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