Debate Thread:
https://forum.nationstates.net/viewtopic.php?f=9&t=425805
Rule(s) broken:
Duplication: From the verb 'to duplicate' - to do or repeat a specific action or concept over again. Proposals may elaborate in specific areas of policy, where broad legislation exists but may not replicate specific policy. Authors may re-iterate in general terms a minor part of existing policy to provide support to their proposal.
Edit:
Amendments: A supplementary set of clauses that either enhance or modify an active proposal's text. Proposals cannot amend existing resolutions because the game's coding does not allow for it. To introduce new legislation, the active resolution must be repealed. This applies to appeals as well.
Repeals: Legislation to remove an active resolution. Repeals can only be submitted by click the repeal link at the foot of the target resolution. Repeals submitted using anything but the repeal function are automatically removed.
Duplicated resolution:
Clause 6 in resolution 39 clarifies that it does not apply to religious marriage ceremonies.
Thus, the only application is to civil marriages or religious marriage with civil effects.
Which are a subset of domestic partnerships.
Literally every single meaningful clause is being duplicated.
This is also not a case of specific legislation operating within broad legislation; the proposal is less specific than the resolution.
3) Legal parenthood shall never be annulled by the sole reason of a divorce. In case the divorcing parties to a marriage have children, appropriate legal systems of member states shall resolve issues of custody of and support for said children with an overriding priority of the best interests of each and every child.
4) Upon divorce proceedings, appropriate latitude shall be given in the defense of personal assets, and appropriate legal systems of member states shall determine equitable distribution of the parties’ common estate and inheritance rights.
5) No penalty of any kind shall be imposed on a party or parties seeking divorce for the sole reason of such seeking or for the sole reason there is no consent of all parties to such divorce.
are being duplicated by:
Further requires member states to ensure that, upon the dissolution of a domestic partnership, all parties:
shall not be subject to disadvantageous treatment by a member state simply by virtue of seeking the dissolution without the consent of the other parties,
shall not lose legal guardianship of a child simply by virtue of the dissolution, and
shall receive an equitable portion of shared assets in accordance with the terms of the partnership and relevant law;
and
1) Divorce is the legal dissolution of a marriage, which ceases to have legal existence between the requesting party or parties to said marriage from the date the divorce is legally and finally pronounced, and shall henceforth be available to all inhabitants of the World Assembly member states without let or hindrance.
2) Any of the parties to a marriage may ask for and obtain a lawful divorce in appropriate legal systems of the member state which they inhabit, which shall resolve such dissolutions fairly, equitably, and with promptitude.
are being duplicated by:
Requires member states to permit a legally competent individual to:
(Text that is not of any relevance removed from the quote)
dissolve a domestic partnership to which the individual is a party, regardless of whether the other parties consent to such dissolution;
Further requires member states to ensure that, upon the dissolution of a domestic partnership, all parties:
(Text removed from the quote)
shall receive an equitable portion of shared assets in accordance with the terms of the partnership and relevant law;
Edit: Additionally, one more reason for the illegality of this proposal is thhat the proposal has the indirect effect of amending or rather, repealing the Resolution 39 by negating its entire effect, circumventing the Repeal process.