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A distinct way of testing our approach to marital and non-marital heterosexual relationship is to ask ourselves how many of the same principle might apply to gay and lesbian relationships.
Member rating: No Rating | Words: | Submitted: Fri Sep 17 2004
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A distinct way of testing our approach to marital and non-marital heterosexual relationship is to ask ourselves how many of the same principle might apply to gay and lesbian relationships. Such a question is relatively new on the Family law agenda in this country. Until the Sexual Offences (Amendment) Act 1957, sexual intercourse between males was a criminal offence. Complaints that such law violated the right to respect for private life under Article 8 of the European Convention on Human Rights were routinely found inadmissible during the 1950s and 1960s. However, things started changing in the 1970s by the Court of Appeal decision in 19811, that the total prohibition in Northern Ireland was a breach of Article 8(1) which could not be justified under Article 8(2) as "necessary in a democratic society" either for the protection of morals or the rights and freedoms of others. But that does not mean...
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