Legal Standpoint of Relationship Moral Issues – Homosexuality and Abortion

Is it ok to legalize abortion? This is a question that provokes a lot of debate. Abortion and homosexuality are relationship moral issues that have caused a lot of collision between the church leaders, human rights activists and medical practitioners. What is right in public eye is sometimes hard to tell but there are some laws that govern such moral issues. In January 22 in the year 1973, the supreme courts released its vital decision to legalize abortion. But this should not happen without some supporting rules. Young girls are supposed to ask for parental consent before they engage in abortion. The same court insisted that under the parenthood laws that a woman should not seek a spouse’s consent before carrying out an abortion. It is a dangerous procedure and it exposes the victims to some health risks and that is why in November 5 in 2003 president of USA signed a partial birth abortion ban act. It was meant to ban a late-pregnancy abortion.

Same sex marriage is another subject which has turned out to be among great relationship moral issues. Where is it in the legal stand point? President Bill Clinton signed a defense of marriage act which was to ban same sex marriage. It defined marriage as a legal association between a man and a woman. That concerns marriage for homosexuals but in 2004, Massachusetts Supreme court ruled that a ban on homosexual marriage was not according to the constitution of USA. This pushed president Bush to support amendment on the constitution that was banning same sex marriage. Vermont supreme court made a ruling that homosexuals should be given the same rights as heterosexuals. This saw the first same sex marriage performed in Massachusetts in may 17, 2004. Read the rest of this entry »

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Common Law – Protecting the Natural Rights of People

The Constitution of the United States is a common law document. It describes a Republic designed to uphold the natural rights of the individual citizen and the law of the land. Common Law derives its origin from the first historical human rights declaration, the Magna Carta, signed by King John of England in 1215, which enshrines the fundamental freedoms of Life, Liberty and Property.

Common law, also known as Natural or Constitutional law, is based on God’s law – the Ten Commandments and the Golden Rule – “Do unto others as you would have them do unto you”. Individuals are free to do as they choose so long as they honor their contracts and do not infringe on the life, liberty or property of someone else.

The Constitution mentions three legal jurisdictions in which courts may operate: Common, Equity and Admiralty or Maritime Law. Common law is applied in civil cases as a means of compensating someone for wrongful acts, known as torts, including both intentional and negligent torts, and resolving contract disputes.

A Common or civil law court is a “Court of Record” whose proceedings are based on centuries of tradition, custom and precedent. It has an independent magistrate and conducts trials by jury. The law is simple to understand and is conveyed in language comprehensible to everyone. Individuals ‘present’ themselves and their case and counsel is not required to have a license. There must be an injured party to take any action, an individual cannot be ‘compelled to perform’ and violation of Constitutional law is punishable as a criminal act.

“Statutory Law” came into existence in 1938 when all the top American judges and US attorneys were informed that, since the United States had been declared bankrupt since 1933 and henceforth completely owned by its creditors (International bankers), the Congress, the Executive, the Judiciary and all the State governments were now under the control of these creditors. All courts were instructed to operate under Admiralty law, and would be called ‘Statute jurisdiction’. Prior to 1938 the US Supreme Court dealt in Common and Public law. After that date the Supreme Court dealt only with public policy in merchant admiralty law – the law of commerce. Read the rest of this entry »

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Family Law Attorneys Uphold the Rights of Children

The Convention on the Rights of a Child is an edict from the United Nations that legally binds member nations to honor the rights of children. In most nations, a child is a person under the age of eighteen, but in some nations, the legal age for adulthood may be younger. The articles of the convention state that the rights, as outlined, extend to all children, no matter their race, religion or nationality. It guarantees that all nations legally bound by the convention must insure that the rights of the child are protected using any means available. Considering that the human rights are being compromised the world over, this convention is extremely important to insure that children are protected against such injustices as torture, kidnapping, disfigurement, and exploitation, to name but a few.

Many nations are guilty of crimes against children, but there are nations where these abuses are committed with such frequency that the rest of the world cannot help but take notice. In Sudan, for example, thousands of children have been left orphaned and homeless by civil war. Many of these children have escaped to refugee camps, but they are often refused access because of overcrowding. Without any sort of sanctuary, the children are forcibly conscripted into armed militias.

Thousands of these children died in civil conflicts, and many more received devastating injuries, injuries for which they received no care. Under the U.N. Convention on the Rights of a Child, children injured or dislocated in times of war must be cared for to the fullest capability of their nation, and no child shall be forced to fight with or enlist in the armed forces. The Convention also states that the exploitation, abduction, kidnapping, and trafficking of children will be interrupted using all available means. Read the rest of this entry »

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