[Draft] Affirmation of Marriage Equality

Prydania

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My first attempt at writing one of these for the WA, so be kind.

Affirmation of Marriage Equality
Category: Human Rights
Strength: Significant
Proposed by: The Kingdom of Prydania

REAFFIRMING the World Assembly’s commitment to equality before the law,
RECOGNZING that marriage has been seen in many cultures as a cornerstone of both civilization and romance between two sapient beings,
RECOGNIZING the need to secure the rights of marriage for all peoples wherever the right to marriage exists,
HOPING to protect the rights of marriage for all where the institution of marriage is celebrated and endorsed by the state,

1. Defines "marriage" a legal union of two and a close association or intimate union of two sapient beings;

2. Recognizing that many nations sanction marriage at a governmental level for the purposes of visitation rights, tax breaks, inheritance, and a plethora of other rights;

3. Further recognizing that many nations use Article 1/Section C of General Assembly Resolution #35 to cite “compelling reasons” to deny same-sex and same-gender couples the right to marry while simultaneously providing that right to opposite-sex couples;

4. Affirms that there is no compelling reason to deny same-sex and same-gendered couples rights afforded to opposite-sex couples;

5. Recognizing that many WA states do not recognize marriage as a legal institution;

6. Affirms that such WA states that do not reocognize marriage in any form will not be affected by this resolution;

7. Further affirms that no religious body independent of a government in any WA member state will be required to perform marriage ceremonies they consider in opposition to their beliefs;

8. Requires that any WA state that already sanctions marriage on a government level extend the right of marriage to all sapient beings regardless of sex, sexual orientation, or gender identity.
 
You have preambulatory clauses mixed in with action clauses. Clauses Two, Three, and Five should be moved to the introduction. I'm also concerned about the strength. I'm not convinced it's significant. Here's what I'd start with...




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Affirmation of Marriage Equality
Category: Human Rights | Area of Effect: Significant
Proposed by: Prydania

Reaffirming the World Assembly's commitment to equality before the law,

Observing that marriage has been seen in many cultures as a cornerstone of both civilization and romance between two sapient beings,

Acknowledging that many, but not all nations sanction marriage at a governmental level for the purposes of visitation rights, tax breaks, inheritance, and a plethora of other rights;

Disturbed that nations that sanction marriage at times improperly cite "compelling reasons" to deny same-sex and same-gender couples the right to marry while simultaneously providing that right to opposite-sex couples;

Recognizing the need to secure the rights of marriage for all peoples wherever the right to marriage exists,

Hoping to protect the rights of marriage for all where the institution of marriage is celebrated and endorsed by the state,

The World Assembly hereby,

1. Defines "marriage" a legal union of two and a close association or intimate union of two sapient beings;

2. Declares that there is no compelling reason to deny same-sex and same-gendered couples rights afforded to opposite-sex couples;

3. Affirms that such WA states that do not recognize marriage in any form will not be affected by this resolution;

4. Further affirms that no religious body independent of a government in any WA member state will be required to perform marriage ceremonies they consider in opposition to their beliefs;

5. Requires that any WA state that already sanctions marriage on a government level extend the right of marriage to all sapient beings regardless of sex, sexual orientation, or gender identity.





You may also want to define "marriage ceremony".
 
Sil Dorsett:
You may also want to define "marriage ceremony".
This is a very good start, no doubt. I have no major comments at all, but will make sure to look around for further details so that it gets improved before submission, if possible.

As for Sil's suggestion, I agree. Either that, or reword the 4th clause as follows:
4. Further affirms that no religious body independent of a government in any WA member state will be required to celebrate marriages that they consider in opposition to their beliefs;

Edit: I forgot to comment about its strenght. Since the CoCR is a Significant resolution, I'd mark this one as Mild. Note that this text represents an extension of civil rights, for practical purposes (just like the Freedom of Expression, to mention some resolution of this kind).
 
3. Further recognizing that many nations use Article 1/Section C of General Assembly Resolution #35 to cite “compelling reasons” to deny same-sex and same-gender couples the right to marry while simultaneously providing that right to opposite-sex couples;

Although it appeared to be removed. Citation of other clauses of resolutions or resolutions as a whole breaks the House of Cards Rule. Which GenSec is a real stickler for.
 
I'd think the strength in the Human Rights category would be Mild.

Also, I would not use a declaration to affect CoCR compliance. Rather, I would make separate declaration of the operative statement. If CoCR were repealed, this would no longer have any effect.
 
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