Same-sex Parents in Custody Cases - 1853 Words

When considering the word â€Å"family†, many people think of â€Å"Mom+Dad+2.5 children†--the nuclear family of television sitcom. However, this definition of family is a new interpretation that fit the rapid housing expansion of the Cold War years in the Western world. Conservatives have often decried the breakdown of this definition of family as a primary reason for their opposition to same sex marriage. As this was the predominant family structure for a lengthy period of time, most family law decisions have been written with this paradigm in mind, defining a husband/wife relationship as the norm. However, as gay marriage is legalized nationally, family law must adapt to newer definitions of the word â€Å"family†, in order to†¦show more content†¦Interestingly, a recent case has further infringed upon the ability of gay partners to adopt a child in their marriage, thus highlighting the precarious legal status of a gay parent. In the case of Amalia C. and Melissa M., â€Å"Brooklyn Surrogate’s Court judge, Margarita Là ³pez Torres, ruled on Jan. 6 that because New York State had enacted same-sex marriage in 2011 and allowed both women to be listed on the boy’s birth certificate, Amalia was already the child’s parent and could not adopt him.† (McKinley) This ruling has been troubling to gay rights advocates â€Å"because the presumption of parentage may not be respected if they leave the state,† according to Susan Sommer, a lawyer with the Lambda Legal Defense Fund (McKinley). Judge Torres, however, has stated openly that her reason for the ruling was because it places gay marriage on a separate footing from traditional marriage and while she is sensitive to the needs of those whose marriages may not be recognized in another state, she must abide by the laws of New York, which do not allow a heterosexual spouse to adopt a stepchild (McKinley). In The Gay Divorce Trap: When Same-Sex Marriage Goes Wrong., Lizzie Crocker addresses the difficulties faced by gay parents: When a heterosexual couple divorces, a judge determines custody rights—both visitation and child support—based on a child’s best interest. But that issue is complicated for gay couples who raised childrenShow MoreRelatedThe Debate On Marriage And Parenting Rights For Gay And1673 Words   |  7 Pagesrooted in homophobia. Opponents of the LGBT community contend that same sex parenting contradicts the natural order of the world, subjects children to unnecessary societal stigma, and that the state has a right to favor heterosexual norms. However, these concerns are either unfounded or unjustly infringe on the rights of gay and lesbian couples. Consequently, there is no reason to prohibit gay or lesbian couples from obtaining custody of children. Proponents of the natural law ideology, a doctrineRead MoreFamily Law Is An Area That Concern About Legal Issues Involving1283 Words   |  6 Pagesas marriage, divorce, adoption and child custody. Every country has its own family law and its typically influences by the issue, culture and religion in that country. In Malaysia, family law is divided into two categories; Islamic Family Law (Federal Territories) and the Law Reform (Marriage and Divorce). Malaysia is an Islamic country. Hence, this family law distinguishes between Muslims and non-Muslims. The law between each state is more or like the same. As for the United States, the family lawRead MoreLegal Issues For Gay And Lesbian Adoption And Parental Rights1626 Words   |  7 Pagesthe gay and lesbian population presents a unique set of challenges both societal and legal. Whether constitutional or not, special rules apply to same gay and lesbian adoption. Under current legislation, is same sex adoption fully legal and how do the laws on the subject measure with regard to equality to adoption among heterosexual couples in the same state? Once the issue of adoption is overcome what happens with regards to parental rights once the homosexual union is dissolved or the couple partsRead MoreRecognition and Legalization of Same-sex Marriage 1405 Words   |  6 PagesIntroduction Equality is a prominent topic of debate. Although the gay and lesbian community has progressed, the fight for equality remains. Recognition and legalization of same-sex marriage still falls within the minority rule amongst the states, but will soon be the majority. California , Delaware , Connecticut , Hawaii , Illinois , Maine , Maryland , Massachusetts , Minnesota , New Hampshire , New Jersey , New Mexico , New York , Rhode Island , Vermont , Washington , Iowa , and Washington DRead MoreGay Fathers And Their Children1300 Words   |  6 PagesCourt’s ruling in favor of same-sex marriage, may lead some to believe LGBT families are a recent phenomenon. Daniel Winunwe Rivers’ Radical Relations: Lesbian Mothers, Gay Fathers, and Their Children in the United States since World War II brilliantly uncovers the previously untold history of same-sex families. Rivers’ main thesis is that same-sex families challenge both the core cultural American belief that â€Å"family is by definition heterosexual† (p. 2) and the â€Å"myth of same-sex childlessness.† (p.Read More Social and Legal Obstacles of Gay and Lesbian Parenting Essay1677 Words   |  7 Pagesresearchers have estimated that the number of children living with one gay or lesbian parent is six to fourteen million. Some have described this current period as a lesbian and gay â€Å"baby boom†. However, lesbian and gay parents face many social and legal obstacles (Lambda Legal Defense and Educational Fund, 1997). In the past, most gay and lesbian parents lived secretive and protective lives. Not only did gay parents have to face his or her coming out issues and separation from spouse, but also faceRead MoreSame Sex Marriage Is A Fundamental Right870 Words   |  4 PagesUnited States Supreme Court, in a 5-4 decision, held that same-sex marriage is a fundamental right guaranteed by the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution. In consequence, many new legal implications have arose from this decision. For example, now there’ll be same-sex divorces, same-sex spousal rights for life insurance, wills, and the like. What does this all mean legally for same-sex couples? As time progresses, it will become clearer howRead MoreSexual Orientation And Gender Identity863 Words   |  4 PagesUnited States have at least one parent who is either lesbian, gay, or transgender. However, many people feel uncomfortable about being open d ue to their sexual orientation and gender identity due to fears of discrimination; such fears include, but are not limited to, loss of employment, loss of child custody, anti-gay violence and hate crimes. Although many people may have distinctive opinions on certain outcomes or effects that a child may have living in a same-sex family, most research studies showRead MoreMedia And Its Impact On Society Essay1625 Words   |  7 Pagesmany believe it is a slippery slope, I do believe that courts should be more open-minded when awarding custody and visitation, because the rigidity of the law no longer serves our social norms. For instance, it is common in our society for an adult with no marital presumption or biological connection to have an important parental role in a child’s life and serve as a de-facto parent (i.e. same-sex couples, stepparents, and/or cohabitating partners), however the legal system often fails to protect thoseRead MoreSex Marriage And Same Sex Parental Ad option1482 Words   |  6 PagesIntro to LGBT Studies Case Study Part 1: Historical Context Due September 22, 2017 The topics of same-sex marriage and same-sex parental adoption have been controversial and ongoing topics in recent years, which is a drastic change in mainstream society. People of the lesbian, gay, bisexual, and transgender (LBGT) community have had a difficult time in gaining visibility and equal civil liberties, one of which is marriage equality. Same-sex couples have only recently been recognized under the

Natural Calamity in Uttrakhand Free Essays

As a child I was amused at the premonition of the Soothsayer when he predicted the Death of Julius Caesar, who out of sheer vanity not only discarded his advice, but also admonished him for the same. A similar analogy can be drawn to the travesty that now surrounds Uttarakhand, the sole exception being, the vanity and obliviousness of the Government has gravely pulverized the State Exchequer and costed the lives of its own denizens, as against the death of one ruler. The blame game, which is a necessary by product of every mishappening in our country, has already begun, where both the Central Government as well as the State Government are rebuking each other and their predecessors in chair for faulty policy making, ineffective implementation, absence of rescue and relief strategy, steaming constitutional debates on whether the present system should be governed under Entry 56 of the Union List or under Entry 17 of the Sate List, and the classic press release phrase â€Å"mis-governance†. We will write a custom essay sample on Natural Calamity in Uttrakhand or any similar topic only for you Order Now What lies on the other hand of this scale is innumerable unreported deaths, devastation of public property, and over sixty thousand stranded people, who are yet to be afforded anything as remotely close to the term â€Å"relief†. Genesis of the Problem and Observations made by the CAG Report India boasts of being ranked sixth in terms of largest hydel power generation capacity countries. Domestically, hydel power accounts for 1/4th of India’s dependence on energy. The Hydel Power Report of Uttarakhand published in the year 2008, categorically acclaims that the State has the potential to harness almost 20,000 MW of electricity through hydel power. Blinded with such ambitious target, the State Government failed to notice, either deliberately or otherwise, the very first objective on the same page, which has been reproduced as: â€Å"To harness the environment friendly Renewable Energy resources and enhance their contribution to the socioeconomic development of the State. Another important objective which the State while implementing the said project, was oblivious to, is â€Å"To enhance the use of energy sources that assist in mitigating environmental pollution. † The current policies, as the CAG Report categorically points out, are aimed at aggravating and not mitigating environmental pollution, and have been a cause of the floods in and around the region. Periphrastically speaking, the ngoing havoc that was witnessed in Uttarakhand was preordained in the report published by the Comptroller and Auditor General of India as late as in 2009, reproaching the Central Government and the Government of Uttarakhand for its dual role of faulty hydro power policy making as well as ineffective policy implementation. Some of the main concerns highlighted in the CAG Report are: 1. Due to the over ambitious policy of the State Government to create multiple river channels, and multiple power projects on the same tributary, a serious endangerment of environment is certainty. With over 42 Projects currently functioning, and 203 projects in construction and clearance stage, at every 6 – 7 kms stretch, there will be a dam to obstruct the flow of the river. 2. All the projects are based on high seismic areas in and around districts chamoli, rudra prayag, pithoragarh, Almora and despite severe earth quakes in 1720, 1803, 1991, and 1999 the multiplicity of hydro power projects, without adequate counter seismic measures continue to run rogue thereby causing serious risk to the lives of the people. 3. There is a clear enumeration of Flash Floods which would result in severe destruction to life and property in and around the low lying areas of the hills. Table Appended to the Report has further highlighted various instances wherein such flash floods have occurred previously in the same areas. 4. No evidence to suggest that for failure to comply with the conditions of Environmental Impact Assessment, a penalty was imposed on the builders. 5. Failure of the nodal agency to ensure submission of quarterly and half yearly compliance reports by the management. . Flagrant Negligence towards Environmental and Security Concerns. 7. The adverse impact on the ecology was further underscored by the fact that almost 4 out of 5 Power Projects have shown the complete drying up of river beds to a trickle resulting into severe impairment and devastation of the ecology, and imbalance in the water table resulting into drying up of natural aquifers in the nearby areas. 8. According to International Standards, the minimum discharge of river downstream should be maintained at 75 % so that the aquatic life remains intact. However, the present projects are discharging downstream river by 90 % and above which results into complete devastation of the aquatic life. 9. Faulty Pre-Feasibility Survey Reports, which gives inaccurate data for evaluation of the hydro power station, which means serious short comings in ascertaining whether the location to construct is feasible or not, questions on plant efficiency and what would be the impact of soil erosion, etc. remain in a state of serious jeopardy. 10. As much as 38 % of the total projects which have been granted an Environmental Clearance have failed to carry out mandatory plantation. By – Passing The Law As per the Gazette notification issued by the Central Government under Sections 2 and 3 of the Environment Protection Act, 1986, the area surrounding the river Bhagirathi from Gaumukh to Uttarkashi, which is 135 kms stretch, was declared to be â€Å"eco sensitive area†. A total area of about 4179. 59 sq km came under the eco-sensitive zone. This will impose restrictions on quarrying, commissioning hydropower projects on Bhagirathi, and construction of roads in the prohibited area. Besides, it will impose a ban on felling of trees and setting up of factories to manufacture furniture and other wooden items. For the purposes of effective implementation, the State Government, with the help of the local NGO’s and people was mandated to formulate a Zonal Master Plan surrounding the area, whereby every hydel power which is below 20 MW of Power Generation Capacity had to take a clearance from the State Ministry. However, the State Government opposed the said notification in May as they were not â€Å"consulted† before this policy was formulated; among concerns voiced by the citizens that an embargo on development would send them back to the Stone Age, which in reality was not what the notification envisaged. This mutual blame game and inter-ministerial trifles have led to such travesty. Today the very area surrounding Bhagirathi and parts of Uttarkashi are the worst hit areas of the State. Travesty of Environmental Clearance. Another notification issued by the Central Government warrants deliberation. It was mandated that before sanctioning the projects, or before expanding or modernizing hitherto existing projects, it was obligatory to procure an Environmental Impact Assessment Clearance from the Central Government and the State Government. Every Hydel Power project was subjected to the same strictures as have been mandated under Section 3(1) and Section 3(2) (v) of the Environment Protection Act, 1986. Such an EIA has to be in conformity with the Standards laid down by the National Environment Policy, and the guidelines that have been made under Rule 5 of the Environment Protection Rules. There are four stages before procuring an Environmental Clearance: 1. Screening wherein the projects are divided into two categories, those to be assessed by the Central Government (Category A Projects which are over and above 25 MW capacity power projects), and those to be assessed by the State Government (Under 25 MW Capacity Power Projects). 2. Scoping by which the Expert Committee determines on detailed concerns (current and probable) regarding Environmental Depletion or damage, at which stage the Committee is empowered to allow or reject the application seeking commencement of the project. 3. Public Consultation which provides for a public consultation held in the auspices of the site, obtain responses of all stake holders, villagers, etc. in writing and to be supervised by the State Pollution Control Board, but which specifically excludes â€Å"modernization of irrigation projects† out of its domain. . Appraisal which means the detailed scrutiny by the Expert Appraisal Committee or State Level Expert Appraisal Committee of the application and other documents like the Final EIA report, outcome of the public consultations including public hearing proceedings, submitted by the applicant to the regulatory authority concerned for grant of environmental clearance. In addition to the aforementioned checks and balances, there is a periodic Post Environment Clearance monitoring which are to be submitted on a half yearly basis by the management. This provides a very rosy picture of the law that governs such clearances; however the reality is far from such notion. For instance, according to the Report of the Comptroller and Auditor General of India, as much as 38 % of the total industries and projects functioning in the area, and which have received a green signal to operate, have not complied with the mandatory plantation of trees in and around the site. This has resulted into serious deforestation in the hilly areas, which results into soil erosion. Himalayas being young fold mountains, have a very unstable soil compaction, as compared to other mountain ranges, because of which soil erosion can assume cataclysmic proportions, it is also the reason why rivers are changing their natural course and cutting deep crevices in the hills, wreaking havoc amongst those who stand in its way. Are we to blame? This is one perpetual question, which warrants a sordid introspection. Reports have also suggested that illegal construction of motels, rest houses, guest houses, hotels and restaurants have been made in the river bed, whereas a notification issued by the State Government clearly prohibits any illegal construction in or around 100 metres from the river bed. This is supplementary to the damage that has already been carried out by the Government. Media reports further stipulate that there was no effective functioning authority in the name of â€Å"State Disaster Management Authority†. The moot question that now faces us is whether this calamity was â€Å"natural† at all, or was it brought about by our own fallacies, inactions, deliberate obliviousness, and negligence. History is replete with instances of civilizations crashing under the might of Natural Forces, and with the present rate of depletion, the future of the Upper Gangetic Basin and the Himalayas hangs in a very delicate balance. How to cite Natural Calamity in Uttrakhand, Papers

Government Intervention and Internet Regulation free essay sample

Government Intervention and Internet Regulation Internet is a global network that connects millions of computers together and allows people to communicate and share information with each other in an effective and easy way. It has become the most widely used means of communications of recent times. â€Å"The number of U. S. homes with one or more personal computers increased by 16% (in 1995) to about 38 million households, up from 33 million in 1994 and 25 million in 1993† (Fox 9). Along with that staggering stat, the National Commission on Libraries and Information Science has reported that 95% of the public has access to the Internet† (â€Å"Free Essay†). Internet is filled with a lot of information on almost every topic in the world and anyone can access that information anytime he or she wants and most often that information is available for free. The very fact that everything is so easily available over the internet has become a cause of great concern because people can access information that they are not supposed to view. This has given the rise to a great debate over the use internet regulation versus the concept of net neutrality. â€Å"Internet regulation is basically restricting or controlling access to certain aspects or information† (â€Å"Internet Regulation†). The proponents of regulation argue that some form of government intervention is necessary to keep a check on the information people access over the internet because that information might be a source of harm for the society in general. Whereas on the other hand, the proponents of concept of net neutrality state that if a person pays for his internet access, then there should be no restrictions on the content that he can view. Because internet is filled with all sorts of information and anyone can access unsuitable information at anytime, some sort of government intervention is necessary in the form of internet regulation to uphold the morals of the society. There are several ways through which internet can be regulated. Government can make use of the â€Å"state control approach† to â€Å"intervene directly and place technical controls on the content that can be accessed by their citizens† (Darlington). â€Å"A classic case is Saudi Arabia where all of the countrys Internet service providers have to go through a central node where the Saudi authorities block access to sites hosting pornography, those believed to cause religious offence, and web sites containing information on bomb-making† (Darlington). Another form of regulation, â€Å"the self regulation approach† is based on â€Å"voluntary initiatives by the Internet Service Providers (ISP) industry† (Darlington). As per this approach, the ISPs try to control the type of content available to the customers and they keep a check on information being accessed over the internet. â€Å"Classically this is the approach in Britain where there is no written constitution and government has shown no wish to legislate† (Darlington). And perhaps the most commonly used and widely accepted form of regulation is the use of filtering techniques through which access to some parts of the information can be controlled for some particular users. For example, parents can use filters to restrict their children from viewing inappropriate explicit content. One of the arguments for having regulation is that internet can be accessed by anyone. Initially, it was supposed to cater to the needs of the American military establishments. Then its uses spread over to the academic communities and today it can be accessed by any individuals from any country and belonging to any age group. For example, a child can easily view inappropriate content from his bedroom at any time he wants. This should not happen because that material can corrupt the mind of that child and can have some serious negative effects. â€Å"As the speed of the Internet increased dramatically with the development of broadband access in the late 1990s and early 2000s, not only has more of this type of information become more available, but also users have been able to access this information in greater quantity† (â€Å"Internet Legal Definition†). So in such circumstances, â€Å"we must have some procedures for tackling illegal content on the Internet and some mechanisms for allowing end user control of what is accessed on the Internet† (Darlington). â€Å"It is argued that the genesis of the Internet was such that it embraced and fostered a new spirit of freedom, openness and experimentation and that these values must remain an integral feature of the Internet† and if any form of regulation is introduced then the whole essence of the internet will be lost and people would not be able to access the vast resources of information that it has to offer (Darlington). The opponents of regulation also argue that any form of internet regulation is against the individual’s rights to freedom of expression and the concept of net neutrality because in such a scenario a person may not be able to choose the content he wants to view. However, it should be clearly understood that society is greater than a single person and if such rights of freedom cause harm to the values of the society as a whole, then it is perhaps the responsibility of the government to intervene and restrict the rights given to every individual in order to maintain those values. There is offensive content on the internet†, so this justifies the use of internet restrictions (Darlington). Internet is filled with explicit content. There are thousands of websites that contain pornographic materials which is considered inappropriate for minors and mostly this content is available for free, so there is no additional cost of viewing it besides the charges paid to the ISP. â€Å" Also there are some sites which propagate extremist views, often of a racist nature† (Darlington). Though such explicit material is legal to be viewed by an individual of a certain age which in most countries is set at 18, there is no one particular way of making sure that it is not viewed by anyone under this age because individuals can mislead the system and hide correct personal information. So in such a scenario, the most effective way for individuals who have responsibility of the children, like parents and teachers, is to limit the access to such material through the use of filters. These filters allow censorship of inappropriate material using the ratings provided by the websites. However, it should be kept in mind that this censorship technique â€Å"enable adults to control their own access to material so they do not stumble across things (advertising, violence, erotica/pornography, religious or political material etc. ), which offend them† (â€Å"Internet Regulation†). So in a way it is a matter of personal choice and responsibility which gives an individual the power to choose what he views because one can easily change filter settings to control the type of content available to him. Despite all the great uses provided by the internet, it is used by some people for illegal purposes; therefore, the use of regulation is justified because â€Å"a stringent internet regulation can help to curb the innumerable illegal activities over the net† (Manohar). Examples of such criminal activities include â€Å"copyright theft, credit card fraud, financial scams, money laundering, hacking, industrial espionage, cyber terrorism, actual terrorism, bomb making instructions, prostitution, certain forms of gambling, drug use, drug smuggling, suicide assistance, defamatory allegations, cyber stalking† (Darlington). In recent times, people have started to complain about the ever increasing number of spam emails that are sent over the internet. â€Å"The number of spam messages sent increased nearly 300 percent from 2001 to 2002 from 14,078,511 to 55,683,103, according to e-mail filtering company Brightmail† ( Kornblum). â€Å"Spam refers to submitting the same message to a large group of individuals in an effort to force the message onto people who would otherwise choose not to receive this message† (â€Å"Spam†). In order to ensure that people do not indulge in such criminal activities and the society remains unharmed, the government must intervene to stop any of these activities from taking place by imposing restrictions. Some people argue that the internet is an enormous network which is growing rapidly as time progresses, so it is not possible to regulate the internet. The argument provided here is flawed because the fact that the internet is so large makes regulating it more difficult, but because it is difficult it does not mean that it should not be regulated. Some also argue that because â€Å"internet is different in operation from other communication networks†, so it should not be regulated (Darlington). â€Å"Whereas radio and television is pumped into millions of homes simultaneously (push technology), the Internet is an interactive medium and requires a particular user actively to seek a particular site or application (pull technology)† (Darlington). The very nature of the way in which the end user consumes the internet makes a good argument for having some sort of formal restrictions. In the case of radio and television, there are certain restrictions on the amount of violence and sex that goes through. So even if an individual wants to see something â€Å"special†, there is absolutely no way in which he can do that if nothing such is broadcast at that time, but the case of internet is quite different. A person can view anything, anytime and anywhere he wants. Therefore, regulation acts as a great measure to ensure that a check is maintained over the usage of the internet. Some people even argue that it is not the responsibility of the government to protect the children against the inappropriate content that is available over the internet because it has got other tasks to take care of and instead â€Å"those responsible for them at the time – parents, teachers, guardians, supervisors – should control what they access on the Internet† (Darlington). â€Å"While children and teenagers need a certain amount of privacy, they also need parental involvement and supervision in their daily lives† (â€Å"Free Essay†). One way suggested by these people requires the parents to spend time with their children when they are online so that they can keep a check on what their children are accessing. But this kind of total control can not be exercised by those responsible for children because they can not be present at all times. Furthermore, internet can now easily be accessed on mobile devices so it can be easily misused and in the case of a school where a teacher has to look after a lot of students, it is practically impossible for her to monitor the activities of each student at the same time. So â€Å"while parents and teachers must exercise responsibility, they should be assisted by other approaches including the taking down of sites with criminal content and the filtering of sites with offensive or inappropriate content† (Darlington). The debate over the topic of internet regulation versus the concept of net neutrality has become a great issue these days because of the ever growing increase in the usage of the internet and its implications on the society in general.