The Need for Changing Laws as Time Passes
The main reasons why there is a need to change laws as time passes is that the moral beliefs and values of people often change. A good example may include cases where there are no established laws to address a specific new emerging situation. Consequently, there are no proper regulations or laws that guide the behaviour and actions of an individual, leading to a lot of confusion in the society. In such cases where there no established laws, the citizens of a country have the power to signal the government on the need to change laws or make improvements to the existing laws whenever they deem necessary. Other reasons for amending laws are technological changes, evolving community awareness, and changing expectations of the legal system. This paper explores two significant recent changes in the laws that the parliament of Australia made; Marriage Amendment Act 2017, and Australian Citizenship Legislation Amendment 2017. It also explains the importance of these changes, how the new laws affect individuals in the society and their impact on the society. Finally, the paper will provide a personal view of how the amended laws affect individuals and groups in the country.
Marriage Amendment Act 2017
The Marriage Act 1961, which gave a new definition to marriage in the country was amended last year. The amendment redefined marriage as the union between two people and excluding others, where the two voluntarily enter for life. As such, the right of Australian citizens to marry under country’s law cannot be determined by gender or sex anymore (Carson et al. 3-4). The amendments were significant to Australians mainly because of the ongoing debates on the same-sex marriage which elicited different reactions from different individuals. However, the enactment of the same-sex marriage provided equality to all people irrespective of their gender, colour, or race. Therefore, any Australian citizen of legal age has a right to choose to marry from either sex or gender if they voluntarily agree to marry. The changes seem to reflect the true picture of the Australians and the immense changes that have occurred in the Australian society, especially in their values and morals.
Impact of the Laws on Individuals and Groups
The laws have affected different individuals and groups. Supporters of gay rights celebrated after the enactment of same-sex marriage law. Celebrities, and politicians, as well as ordinary citizens, took to various social media platforms to share their joy, excitement, and relief on the historic occasion (Carson et al. 3). The amendment also served as a win for civil societies, LGBTI community and other LGBTI campaigners who have been fighting hard for the introduction of the changes. However, the conservatives including the church did not take such amendment kindly, and they mounted opposition to such laws. The amendment was met with great opposition from all kinds of people and organizations. For instance, the Catholic bishops argued that the law did not change the church’s view of marriage.
A major impact of the laws could be on the children of same-sex couples. Most kids have heterosexual parents, or a single parent and kids of a same-sex couple may face discrimination, low self-esteem, and other social problems. Such section of the population face lots of challenges in an attempt to remain relevant in the society due to the inferiority complex. However, this may not be necessarily true because research has shown that children who are born in same-sex marriages can live healthy lives like children who have a mother and father (Carson et al. 4-5). The laws are also a source of social discomfort that most conservative people and groups have with same-sex marriages because many understand the foundational nature of marriage and its intrinsic connection to the strength and fabric of the society (Carson et al. 5). However, same-sex marriages will not have an impact on the heterosexual communities but will grant gay citizens a right which has been denied to them. Also, there is no doubt that the law is a reflection of how the current social structure can work best regarding generational differences. Notably, the current society has different cultural practices and all sorts of people, all of which must be accommodated and appreciated for peaceful coexistence in the society.
In my view, the recent amendment to the marriage act to include same-sex couples shows progress in the Australian society because it ended discrimination based on sex, gender, sexuality, and religion. There is the need to consider and respect the rights of every human being despite being belonging to a minority group in the society. The legislation also brought equality in the Australia irrespective of one's sexual orientation. Marriage equality seems to have caught the imagination of the people because even though there are fears about the legislation, there can be no real losers when the amendment extends marriage to more people. Besides, the number of LGBTI community is increasing immensely, and there has been the need to accommodate them in law as Australian citizens (Carson et al. 16-17). As such, the government cannot dictate how two consenting adults should live. If two individuals are in love and want to marry each other, it is reasonable to allow such individuals to do so irrespective of their gender, sex or religion. Love and marriage are purely personal choices and interfering in the private lives of other people would compromise individual freedoms with possibly dangerous implications. There is also no doubt that the number of citizens joining the LGBTI community is increasing every day and in fact, Australia has been dragging her feet in legalizing same-sex marriages unlike her peers in Europe and North America who authorized such unions several years ago.
Australian Citizenship Legislation Amendment 2017
The amendment sought to strengthen the requirements that applicants should have to acquire Australian citizenship and other more strict immigration measures. The legislation makes it mandatory for applicants to have a permanent residence of not less than four years immediately before applying for citizenship and should not spend more than a year outside Australia (van Kooy and Bowman 1). The amendment also requires applicants to complete an individual English language test. Other measures for applicants include paying allegiance to Australia and strengthening Australian values.
Impact of the Laws on Individuals and Groups
The necessary changes as outlined in the Australian Citizenship Legislation Amendment 2017 are essential to the Australian society as they seek to prevent those who are suspected of posing threats to the national security from becoming citizens. The new legislation will also make migrants undergo stricter citizenship tests to assess how committed they are to Australia as well as their attitudes toward gender equality and religious freedom (van Kooy and Bowman 1-3). Those who have a history of crime and family violence could also have their citizenship withdrawn. Additionally, the laws require that applicants prove that they have been integrated into the Australian society. Therefore, the legislation is necessary because the changes made will promote national security and Australian values. However, the legislation will affect those with permanent residence as they will have to live permanently in the country for not less than four years before they can acquire Australian citizenship.
However, such legislation as contained in the amendment would have significant impacts on the citizens, especially the immigrants. In particular, the laws are likely to deny immigrants who are rightfully qualified from getting citizenship (van Kooy and Bowman 9). Most of the immigrants always come from war-torn areas, such as the Middle East and African countries. While there might be some immigrants who are likely to be terrorists or have links with terrorists, the number is insignificant, but the laws and regulations as contained in the amendment could deny innocent refugees the opportunity or right to acquire Australian citizenship. The changes, which may perhaps have a significant impact on the permanent residents who have already lived in Australia relates to the residence requirements (van Kooy and Bowman 16). The residence requirements would require applicants to have been Australian residents for four years. The changes mean that applicants by Conferral should have lived in the country as holders of a valid residence visa for not less than four years.
In my view, the legislation is important because I believe it is sensible to examine English language ability among the applicants and it seems reasonable for the applicants to have resided in the country for some time before they can be granted Australian citizenship (van Kooy and Bowman 19). Further, the laws will serve national interest as individuals who are suspected of being terrorist sympathizers would be subjected to constant surveillance and monitoring by law enforcement officers and where necessary arrested. However, the residence requirements seem to be somewhat unjust as most permanent residents often assume that although they are permanent residents. However, they are only allowed to travel outside Australia and back for five years after the approval of their application for permanent residence (van Kooy and Bowman 21-22). This means that any permanent resident who leaves Australia after the expiry of the five-year period will not be allowed back into the country unless they apply for a Resident Return visa and get or are Australian citizens.
Conclusion
This paper has explored two recent critical amendments that the Australian parliament enacted; the marriage act, and the citizenship act. The same-sex marriage act has enabled couples to marry regardless of their gender or sex, signifying an important improvement in the Australian society regarding matters of human rights and freedom. The legislation received national recognition as a significant number of Australians support it. The amendments also brought equality in marriage and religion by ending discrimination of individuals according to their gender, sex, and sexuality. What is more, the legislation served as a reflection of the changing values and moral beliefs in the Australian society and showed what would work well for the present generation. The citizenship act sought to impose stricter requirements for immigrants seeking Citizenship. The legislation is crucial because it serves to promote national security by denying immigrants with terrorist links from living in Australia. The law also helps to promote Australian values as they require immigrants to pledge their allegiance to Australia.
Works Cited
Carson, Andrea, Shaun Ratcliff, and Yannick Dufresne. "Public opinion and policy responsiveness: the case of same-sex marriage in Australia." Australian Journal of Political Science 53.1 (2018): 3-23.
van Kooy, John, and Dina Bowman. "‘Surrounded with so much uncertainty’: asylum seekers and manufactured precarity in Australia." Journal of Ethnic and Migration Studies
(2018): 1-18.
