The invisibility of marriage

Galloway, Kate (2012) The invisibility of marriage. Curl: Property law, women and law, contemporary legal issues, 4 January 2012.

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Abstract

[Extract] By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing (Sir William Blackstone, Commentaries on the Laws of England. Vol, 1 (1765), 442

In the contemporary debate in both Australia and internationally over same-sex marriage, I have been torn between my antipathy towards the institution of marriage and my desire to see a more inclusive society. In this post I consider this tension in an attempt to articulate a consistent basis from which to understand 'marriage' in a way that respects all as individuals in their own right and likewise affords respect at law to the domestic partnerships they enter into.

Item ID: 23221
Item Type: Article (Commentary)
Keywords: identity, invisibility, law, marriage, same-sex marriage, women
Additional Information:

Curl: Property law, women and law, contemporary legal issues is the blog of Kate Galloway and is available at http://katgallow.blogspot.com.au/ (12 September 2012)

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Date Deposited: 12 Sep 2012 05:14
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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