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Law in Context

Abstract from Volume 28 No 1 (2010) Current Trends in the Regulation of Same-Sex Relationships

The Social Construction of Marriage in Australia: Implications for Same-Sex Unions

Charlotte Frew is a research assistant at the Castan Centre for Human Rights Law, Monash University and a PhD candidate at Macquarie University Law School.

This article places the debate regarding same-sex marriage in Australia within its historical context. It explores both the historical and contemporary contexts of marriage. To this end, it highlights the socially constructed nature of marriage as an institution and concludes that liberal sentiment, and the separation of church and state, are likely to lead to the eventual legalisation of same-sex marriage in Australia.

(2010) 28 No 1 Law in Context 78

   
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