THE BLACK SHIRTS

WHAT DOES THE LAW SAY ON MARRIAGE?

Marriage is regarded as the highest of all institutions and this is enshrined in the marriages Act and the Family Law Act 1975.

THE MARRIAGES ACT:

“Marriage, according to law in Australia, is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”

The main points to note in this Act are as follows:

1. Marriage is the union of a man and a woman;

2. to the exclusion of all others;

3. Voluntarily entered into and,

4. for life.

What it also means is that the spouse does not own each other but they do have an exclusive right to each other.

Further at section 47 of the “Act” Ministers of religion not bound to solemnize marriage, etc.

Nothing in this part -

(b) prevents such authorized celebrants from making it a condition of his solemnizing a marriage that-

(c) requirements additional to those provided by this Act are observed.

It appears that any marriage solemnized by a Minister for religion may carry any added religious conditions and such conditions are to be “observed”.

For example, if a marriage is solemnized on the grounds of religious exercise and upon the added condition that “WHAT GOD HAS JOINED TOGETHER LET NO MAN PUT ASSUNDER” then such condition forms part of the, so to say, marriage contract then such contract must be observed.

CONSTITUTIONAL LAW:

The Commonwealth of Australia Constitution Act at Section 116 states:

“The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.”

It appears that our fore fathers and mothers enshrined not only the protection of religion but also marriage especially when it was a religious marriage.

The term “or for prohibiting the free exercise of any religion” may well include that any act done in the exercise of religion may not be hindered by any law of the Commonwealth.

For example, if marriage is deemed indissoluble by the conditions of your religion then “the Commonwealth shall not make any law” that would alter that “condition”. It would follow then that any law undermining an act of your religious exercise is invalid.

THE FAMILY LAW ACT 1975

The Family Law Act 1875 enshrines the marriage and family as fundamental to society. Section 43 of the Act reads as follows:

The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall, in the exercise of that jurisdiction, have regard to:

(a) the need to preserve and protect the institution of marriage as the union of a man and a woman to the exclusion of all others voluntarily entered into for life;

(b) the need to give the widest possible protection and assistance to the family as the natural and fundamental group unit of society, particularly while it is responsible for the care and education of dependant children;

KEY POINTS:

(1) THE NEED TO PRESERVE AND PROTECT

(2) THE NEED TO GIVE THE WIDEST POSSIBLE PROTECTION

It is clear without any doubt whatsoever that society deems the marriage and family high on its agenda and regards it with the utmost priority.

However, where is the law that determines the penalty for breach of societies most precious commodity? There is none!

Many must find it very strange that society gives less protection to marriage and family then a $100.00 contract. There is no doubt that if a $100.00 contract is breached then there is legal recourse in our courts for remedy. And if someone steals a $100.00 from a Bank or person then the full weight of the law goes into action against the thief.

However, breach a marriage by committing adultery and dismantle a family and the law remains very silent. Indeed, the law all but protects the intruder/adulterer. To see evidence of this all one needs to do is sit at the Family Court and note the proceedings especially where divorce is concerned.

So much for “the need to preserve and protect” and where is “the need to give the wides possible protection”. What happened to “the family is the fundamental group unit of society”?

I say: show me the foundations and I will show you the structure! There is only one foundation to society and that is the family. When the family is breached then so is society. You cannot protect children unless you first protect the family and you cannot protect the family unless you first protect the marriage!

We as society have failed on all accounts. Who suffers? The children and the innocent!

How can anyone assume that adultery is but a mere expression? We all know what can happen when a spouse betrays their spouse and has sexual activity outside their marriage. What if the sexual partner has AIDS – brings it home to their unsuspecting spouse – impregnates their spouse and the child is born with the disease?

email the Secretary at secretary@blackshirts.info

and we will answer any questions and/or offer assistance if we are able.