Same-sex marriage in Australia
Part of the LGBT rights series |
LGBTQ portal |
Same-sex marriages are currently not recognised under Australian federal law and, since 2004, the Marriage Act 1961 was redefined to explicitly recognise marriage as being "the union of a man and a woman". Under section 51(xxi)[1] of the Australian Constitution, the Parliament of Australia has the power to make laws with respect to marriage. Same-sex couples are currently not offered the same rights as unmarried opposite-sex couples in one hundred pieces of federal legislation. The Labor Government has announced it is planning to remove the discrimination in these laws starting in 2008.[2]
Some states and territories have legislated to remove legal disabilities from same-sex couples under state laws. Tasmania, South Australia, Australian Capital Territory and Victoria have access to many rights and can easily prove that a relationship exists through a relationship registry or formal agreement. The rest currently have laws in place which recognise cohabitating same-sex couples as de facto partners, offering them most of the same rights as unmarried opposite-sex couples. These rights only apply on a state or territory level.
The Marriage Amendment Bill
On May 27, 2004, approximately two months after the UK proposed its Civil Partnership Act 2004, the then federal Attorney-General Philip Ruddock introduced the Marriage Amendment Bill 2004[3], intending to incorporate the common law definition of marriage into the Marriage Act 1961 and the Family Law Act.[4] In June 2004, the bill passed the House of Representatives. On August 13, 2004, the Senate passed the amendment by 38 votes to 6. The bill subsequently received royal assent, becoming the Marriage Amendment Act 2004.
Specifications of the bill
The amendment specifies the following:
Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.
Certain unions are not marriages. A union solemnised in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognised as a marriage in Australia.[5]
Support for the bill
Ruddock and other Liberals argued that bill was necessary to protect the institution of marriage, by ensuring that the common law definition was put beyond legal challenge.[6]
The Labor shadow Attorney-General Nicola Roxon on the same day the amendment was proposed said that the Labor Opposition would not oppose the section of the legislation amending the Marriage Act. The bill was supported by Labor policy. Labor argued that the amendment did not affect the legal situation of same-sex relationships, merely putting into statute law what was already common law.
The Family First and Christian Democratic parties supported the bill. The bill was also supported by the Nationals.
Opposition to the bill
Despite having support of the major parties the bill was bitterly contested by sections of the community, human rights groups and some minor political parties. The Australian Greens opposed the bill, calling it the "Marriage Discrimination Act". The Australian Democrats also opposed the bill. Democrat Senator Andrew Bartlett stated that the legislation devalues his marriage, and Greens Senator Bob Brown referred to John Howard and the legislation as "hateful".[7][8] Brown was asked to retract his statements, but refused. Bob Brown also quoted as Australia having a "straight Australia policy".
Not all of Labor was in support of the bill. During the bill's second reading, Anthony Albanese, Labor MP for Grayndler said, "what has caused offence is why the government has rushed in this legislation in what is possibly the last fortnight of parliamentary sittings. This bill is a result of 30 bigoted backbenchers who want to press buttons out there in the community."[9]
Changes to the Marriage Amendment Act
In the runup to the 2007 federal elections, there was speculation that the Labor Party might change or reverse the same-sex marriage ban provided by the Marriage Amendment Act 2004. The Labor Party appears to have ruled out changing the bill. On 21 March 2007, Labor MP Tanya Plibersek, herself married, told The Sydney Morning Herald, "Labor does not support changing the Marriage Act to allow same-sex marriage".[10] On 10 August 2007 Kevin Rudd, who has since become Prime Minister, as reported by the AM radio program said, "I have a pretty basic view on this, as reflected in the position adopted by our party, and that is, that marriage is between a man and a woman."[11] Rudd repeated his opposition to same-sex marriage in an interview with radio host Kyle Sandilands on 23 October 2007,[12] but is fully supportive of a national registry for both opposite-sex and same-sex partnerships.
Same-sex marriage proposal
In June 2006, Senator Stott Despoja introduced the Same-Sex Marriages Bill 2006, a Private Member’s Bill, into Federal Parliament. The bill aimed to reverse the changes that were made in the Marriage Amendment Act 2004, which redefined marriage as a union entered into by one man and one woman only. By providing same sex couples with the same status and recognition as couples in heterosexual marriages, the bill would provide equal treatment and eliminate all legislative discrimination. The bill has stalled indefinitely, but remains on the Parliament's current bills list.[13]
Civil union proposals
South Australia became the first state to consider allowing civil unions for gay couples when MP Mark Brindal proposed the Civil Unions Bill 2004 in October 2004. Brindal said, "Same sex attracted people make invaluable contributions to society, and society can no longer afford the hypocrisy to deny them the right to formalise their relationships."[14][15]
After the United Kingdom began allowing same-sex civil partnerships in December 2005, Prime Minister John Howard said he would be opposed to legislation granting similar civil unions in Australia.
In 2006 the government of the ACT, led by Chief Minister Jon Stanhope, legislated for same-sex civil unions within the ACT. The legislation was overturned by the federal government with Philip Ruddock saying Stanhope was deliberately baiting them. Ruddock received criticism from the Greens party, but claimed that the ACT's policy was not for civil unions but for marriage which was legally defined within the Marriage Amendment Act 2004.
In March 2006, independent Victorian MP Andrew Olexander proposed a private member's bill to allow civil partnerships in the state, but the state government would not allowed it to be drafted by the parliamentary counsel.[16]
In Australia, civil celebrants conduct commitment ceremonies so that gay and lesbian couples can participate in a ceremony to acknowledge their love and partnership. The federal government however has introduced a registration system whereby prospective celebrants must undergo Government-approved training and meet specific criteria set by the Attorney-General's Department to be declared a "fit and proper person" to hold the office of marriage celebrant. Under the new rules a registered celebrant is not permitted to conduct legally binding commitment ceremonies for same-sex couples, although they may conduct non-legally binding ceremonies as long as both the couple and those attending are under no illusion that the ceremony is a legal marriage.[17]
National relationships register
In December 2007, Prime Minister Kevin Rudd stated that the Government would be working on a national relationship register, similar to the one in Tasmania, which would officially record an existing same-sex relationship. Since then, the policy expressed by federal Attorney-General Robert McClelland has been to encourage all states and territories to create their own state-based relationship registers, based on Tasmania's model, while the federal government amends Commonwealth legislation to recognise these registered relationships. Neither Rudd nor the Labor Party endorse the more controversial step of approving same-sex marriage or civil unions.[18]
Discrimination in Federal legislation
Despite all Australian jurisdictions recognising same-sex couples in their legislation, there continues to be 100 statutes and provisions in Commonwealth laws that discriminate against same-sex couples.[19]
Australia does not outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia's obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organization Convention No. 111, the Human Rights and Equal Opportunity Commission Act empowers the HREOC to investigate complaints of discrimination in employment and occupation on various grounds, including sexual preference, and to resolve such complaints by conciliation. It is important to note that such discrimination is not rendered unlawful under the Act.
HREOC inquiry
Following a national inquiry into financial and work-related discrimination against same-sex relationships, on 21 June 2007, the Human Rights and Equal Opportunity Commission (HREOC) released its Same-Sex: Same Entitlements report. The Commission identified 58 Commonwealth law statutes and provisions that explicitly discriminate against same-gender couples by using the term 'member of the opposite sex'.[20][21]
The previous federal government, under Prime Minister John Howard, banned its departments from making submissions to the HREOC inquiry regarding financial discrimination experienced by same-sex couples.
A total of 100 statutes and provisions that discriminate by using the term 'member of the opposite sex' were later identified, from Aged Care, Superannuation, Childcare, Medicare (including the PBS), Pensions, etc. "All the basics that opposite-gender couples are legally entitled to and take for granted" [22][citation needed].
Recognition in Federal legislation
Federal legislation does recognise same-sex couples in certain limited circumstances. It allows foreign partners of its homosexual citizenry to receive residency permits, called Interdependency Visas. The Federal Police extends spousal rights to same-sex couples. The Australian Defence Force (ADF) acknowledges its personnel’s same-sex partnerships as interdependent relationships. Gay soldiers, pilots and sailors in the ADF are entitled to the same benefits as heterosexual couples. This means equal benefits in housing, moving stipends, education assistance and leave entitlements. These benefits apply only to ADF members who are involved in interdependent relationships with a same-sex partner. To be recognised as interdependent, same-sex partners will have to demonstrate that they have a "close personal relationship" which involves domestic and financial support.
Other Acts of Parliament specifically recognise de facto relationships between people of the same sex. This is evident in acts such as the Social Security Act which allows Centrelink employees to consider a same sex relationship as equivalent to a marriage when paying unemployment or other benefits and thereby pay (the same as a heterosexual couple) less than would be due to two individuals.[citation needed]
On 30 April 2008, federal Attorney-General, Robert McClelland, announced he would introduce legislation to remove inequalities in 100 areas of the law when Parliament resumes in May. The proposed legislation would give gay couples the same rights as heterosexual de facto couples. Areas to be reformed include health, aged care, veterans' entitlements, workers' compensation, employment and entitlements, with a delayed implementation in areas like social security and veterans affairs to be completed by mid-2009. It is expected to pass the Senate by July 1, 2008.[23][24]
2007 Public opinion poll
In June 2007, the results of a Galaxy poll commissioned by advocacy group GetUp! were released. The poll measured opinions of 1100 Australians aged 16 and over. [25]
- 71% of respondents agreed that same-sex partners should have the same legal rights as de-facto heterosexual couples.
- 57% of respondents supported same-sex marriage. The poll suggests a 20-point jump in support since 2004, when Newspoll found 38 per cent in favour and 44 per cent against.[26]
2007 Election
The 2007 federal election provided a swing in power that became more conducive to recognising the LGBT community. Penny Wong (Labor) was the first lesbian to be made a minister. Both the Labor Government and the Liberal party support rights for same-sex couples (excluding marriage and IVF). Prime Minister Kevin Rudd (Labor), Tanya Plibersek (Labor), Penny Wong (Labor), Belinda Neal (Labor), Warren Entsch (Liberal), Malcolm Turnbull (Liberal) and Brendon Nelson (Liberal) “fully support rights for same-sex couples, but not to the extent of same-sex marriage(s) and IVF" (a quote from Brendon Nelson).[27][28][29][30]
Within the first six months following the election, Attorney-General Robert McClelland said that his department had gone beyond the HREOC 58, identifying a total of 100 laws that discriminate against same-sex couples.[31] By April 2008, McClelland announced that legislation to remove these inequalities would be introduced when Parliament resumes in May for the winter sittings.[23]
State and Territory legislation
At state and territory levels, there is some form of recognition for same-sex couples, mainly through being considered in de facto relationships. De facto couples, for example in Tasmania since 2004, South Australia, Australian Capital Territory and Victoria since 2008, have access to many rights and can easily prove that a relationship exists through a registry or formal agreement. However in New South Wales, Western Australia, Northern Territory and Queensland, same-sex and de facto couples often must go to court to prove a relationship exists, even though there is de-facto recognition called unregistered co-habitation. The inability of same sex couples to have conclusive evidence of their relationships can make it difficult for them to access rights accorded to them under the law. The following list discusses states and territories with registered partnership (significant relationships) or unregistered co-habitation for same-sex couples:
Official status | Pending legislation | |
---|---|---|
ACT | Civil Partnership (Registry) | - |
New South Wales | Relationships Register (City of Sydney);
Defined as 'De facto' statewide, no registry |
- |
Norfolk Island | Defined as 'De facto', via court order[32] | - |
Northern Territory | Defined as 'De facto', no registry | - |
Queensland | Defined as 'De facto', no registry | The Queensland Government has announced it will be considering the creation of a relationship register in late 2008. |
South Australia | Domestic Partner (Agreement) | - |
Tasmania | Registered Partnership (Registry) | The Same-Sex Marriage Bill 2008 was introduced into State Parliament on 1 July 2008. |
Victoria | Relationships Register (City of Melbourne & Yarra City Council) | The Relationships Act 2008 (assented 4 May 2008, commences 1 Dec 2008) |
Western Australia | Defined as 'De facto', no registry | - |
Australian Capital Territory
Since 1994 the ACT has had the Domestic Relationships Act 1994[33] becoming the first jurisdiction in Australia to "acknowledge same-gender couples legally". This provided for distribution of property and finances in the event of a separation, and inheritance in the event of death. On 16 August 2003, The ACT enacted laws relating to same-sex adoption.
The ACT Government announced plans for civil unions to be introduced with its Civil Unions Act 2006 which was passed on 11 May 2006. The ACT enacted the legislation on 9 June 2006, but it was disallowed by the Governor-General on 13 June 2006 on the instruction of the Federal Executive Council.
In December 2006, the ACT government proceeded with new legislation recognizing same-sex unions based on the United Kingdom civil partnership laws.[34][35][36][37]. In February 2007 civil partnerships were blocked again[38][39][40][41] and the Federal Attorney General indicated that the Commonwealth would oppose this new legislation. Both these laws described above have since been repealed by order of the Attorney General Philip Ruddock.
In December 2007, the newly elected Prime Minister Kevin Rudd said that he would not override ACT legislation allowing for civil unions because it was a matter for states and territories.[42] However on 17 February 2008 Attorney General Robert McClelland said it was unacceptable that the ACT proposal would allow public ceremonies for same-sex couples to celebrate their unions.[43] He was criticised by Greens Senator Bob Brown, who said it was the ugly face of Labor conservatism.[44]
In May 2008, after several attempts to amend the Civil Parnerships Bill, ACT Attorney-General Simon Corbell announced the Territory had again been forced to abandoned its civil partnerships legislation and would instead settle for a system of relationship registers virtually identical to the ones operating in Tasmania and Victoria.[45][46]
New South Wales
In 1977, the Anti-Discrimination Act 1977[47] which prohibits discrimination in places of work, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs was passed in New South Wales.[48] Its also Illegal to discriminate against a persons HIV/AIDS status.
The Workers Compensation Act, the Victims Compensation Act and the Criminal Procedure Act have been reformed to include same-sex couples in addition to a further 60 pieces of legislation through the Property (Relationships) Legislation Amendment Act from 1999, and again in 2002 through the Miscellaneous Acts Amendment (Relationships) Act. All these Acts includes dependents both opposite-sex and same-sex partners, parents, carers and siblings.
The city of Sydney (since 2005) provides a Relationships Declaration Program available for all couples offering limited legal recognition. While making a relationship declaration does not confer legal rights in the way marriage does, it may be used to demonstrate the existence of a de-facto relationship within the meaning of the NSW Property (Relationships) Act 1984 and other legislation. [49][50][51] [52] [53] [54]
On 6 September 1999, New South Wales Attorney General Hon J. W. Shaw QC MLC requested the Law Reform Commission of New South Wales to inquire into Relationships and the Law.[55] The inquiry, which followed new relationship and property laws at the time, also looked at children of same-sex couples and recognition of their relationship with both parents. The commission's report on relationships was very extensive, included many recommendations and took the LRC itself seven years to complete. The report was handed to the previous NSW Attorney-General in June 2006. The current NSW Attorney General, John Hatzistergos, blocked access to the report for two years on the grounds he would table it in parliament sometime in the future. Previous reports by the commission have recommended stepparent adoption provisions to include same-sex de facto relationships.[56]
- Law Reform Commission Report: Report 113 (2006) - Relationships
On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008[57] which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing both mums to be recognised, creates amendments to 50 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and creates amendments to the NSW Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their relationship status in employment, accommodation and access to other goods and services. Adoption and surrogacy parenting reforms will not be included. A lesbian or gay couple will still not be able to adopt as a couple – but may adopt as individuals. Male couples were excluded from most of the parenting-related legislation. The bill passed with a vote of 64-11. The Law Reform Commission report recommended an optional statewide registry for same-sex couples, but no statewide registries will be created.[58][59]
Norfolk Island
In 2005 Norfolk Island created the De Facto Relationships Act 2005, providing for domestic partnerships beginning in 2006.[60] The legislation defines the criteria for a court to determine the eligibility of couples to be recognized as de facto couples, and requires an application to the Supreme Court. Circumstances of the relationship, which includes duration of the relationship, financial aspects, and shared responsibilities, are taken into account.[32]
Northern Territory
In March 2004, the Northern Territory enacted the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 to remove legislative discrimination against same sex couples in most areas of territory law. The Act removed distinctions based on a person's gender, sexuality or de facto relationship in approximately 50 Acts and Regulations. As in NSW and the ACT, reform has also included enabling the lesbian partner of a woman to be recognized as the parent of their partner’s child across State law.[61]
Members of the Legislative Assembly in the Northern Territory can take their same-sex partners with them on overseas trips at taxpayer expense, the territorial Remuneration Tribunal ruled on 9 December 2003. The tribunal redefined a de-facto spouse as a "person who is not married to the Member, but is in a marriage-like relationship with the Member."
Queensland
Amendments to Queensland's Property Law Amendment Act recognize same-sex partners in regard to the distribution of property in the event of a separation.
Queensland allows couples in same-sex relationships who are victims of relationship violence to take out domestic violence orders against a violent partner, and other protective measures, including counseling services.
Queensland's Industrial Relations Act 1999 includes same-sex partners in the definition of spouse. This gives same-sex partners access to state-based parental, family, bereavement and carer’s leave provisions. The bill also recognizes a de-facto spouse.[62]
In December 2002, Queensland's Discrimination Law Amendment Act 2002 created a new, non-discriminatory definition of "de facto partner", affecting 61 pieces of legislation[63].
South Australia
Since 1 June 2007, 97 sections of legislation took effect which provide superannuation entitlements under four superannuation Acts, as well as rights concerning property ownership, inheritance, financial affairs, hospital access and other entitlements under South Australian law. The legislation did not include adoption or reproductive technologies such as IVF and surrogacy.
This Family Relationships Act 1975 states that "Any two people who live together and present themselves as a couple will be covered by the legislation, regardless of whether or not their relationship is sexual". These Acts included 'domestic partner' in 97 separate Acts called the Statutes Amendment (Domestic Partners) Act 2006 (No 43)[64] and the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13).[65][66][67][68][69][70][71][72]
Tasmania
Beginning January 1, 2004, Tasmania's Relationships Act 2003 allowed same-sex couples to register their union as a type of domestic partnership in two distinct categories, Significant Relationships and Caring Relationships, with the state's Registry of Births, Death and Marriages. The new definition of partner or spouse, "two people in a relationship whether or not it's sexual", was embedded into 80 pieces of legislation, giving same-sex couples rights in making decisions about a partner's health, provides for guardianship when a partner is incapacitated, and gives same-sex couples equal access to a partner's public sector pensions. It also allows one member of a same-sex couple to adopt the biological child of their partner.[73][74]
In June 2008, Greens' Nick McKim released advice showing that there is no constitutional barrier to Tasmania introducing same-sex marriage laws, and said he intends to submit a bill to allow gay marriage in the state.[75]
Victoria
Since August 2001, 60 Acts in Victoria have been amended to include same-sex couples called the Statute Law Amendment (Relationships) Act and the Statute Law Further Amendment (Relationships) Act. These Acts, using the term unregistered co-habitation, legally gives same-sex couples some rights equal to those enjoyed by de facto couples, including hospital access, medical decision making, superannuation, inheritance rights, property tax, landlord/tenancy rights, mental health treatment, and victims of crime procedures[76][77][78][79][80][81][82].
In April 2007, the City of Melbourne established a Relationships Declaration Program (like Sydney's from 2005). [83][84][85][86].
The city of Yarra launched its Relationship Declaration Program on Monday 7 May 2007. Under the program two people may declare that they are partners and have this declaration recorded in the Yarra City Council Relationship Declaration Register.
The state of Victoria introduced a Bill on 19 December 2007 which would create a domestic partnership registry called the Relationships Bill 2008[87]. It was passed by the Victorian Legislative Assembly on 12 March 2008 and passed by the other Victorian Legislative Council on 10 April 2008, The Relationships Bill received the Royal Assent from the Governor of Victoria, Dr. David de Kretser on 15 April 2008. The Relationships Bill will come into operation by 1 December 2008.
Western Australia
The Acts Amendment (Lesbian and Gay Law Reform) Act 2002 removed all remaining legislative discrimination toward sexual orientation by adding the new definition of "de facto partner" into 62 Acts, provisions and statutes[88].
Western Australia allows same-sex couples equal access to adoption procedures and in vitro fertilization treatment. It also gives same-sex couples the same rights as opposite sex couples in areas such as transfer of property, medical treatment, and inheritance upon the death of a partner. A same-sex couple who utilise artificial insemination or 'in vitro' fertilization treatment together (i.e. both parties present as a couple throughout the treatment) are able to have both names on the birth certificate once the child is born. [89]
Recognition of married trans people
In October 2007, the Administrative Appeals Tribunal overturned a decision by the foreign affairs department refusing to issue a transgender woman a passport listing her as female because she is married to a woman. The tribunal ordered that she be issued a passport listing her as female, in accordance with her other official documents, thereby recognizing the existence of a marriage between two persons who are legally recognized as female.[90]
Summary of rights
Template:LGBT rights Australia
See also
- List of gay-rights organizations
- 2004 in gay rights
- Civil Unions Act 2006
- LGBT adoption
- LGBT rights by country
- LGBT rights in Australia
- Human Rights in Australia
- Homosexuality laws of the world
- Domestic partnership in Tasmania
- Domestic partnership
References
- ^ COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51 Legislative powers of the Parliament [ see Notes 10 and 11]
- ^ http://www.movingforward.org.au/index.html
- ^ Marriage Amendment Bill 2004
- ^ http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDR&Criteria=DOC_DATE:2004-05-27;SEQ_NUM:42;
- ^ http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=1541&TABLE=OLDBILLS
- ^ http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=1014809&TABLE=HANSARDS
- ^ http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:324;
- ^ "Coalition, Labor pass same-sex marriage ban". ABC News Online. 2004-08-13.
- ^ Albanese, Anthony (2004-06-16). "Marriage Legislation Amendment Bill 2004: Second Reading". Anthony Albanese MP. Retrieved 2008-05-26.
- ^ The discrimination that makes a lie of equality
- ^ AM - Howard, Rudd make pitch to Christian voters
- ^ http://www.abc.net.au/news/video/2007/10/23/2067936.htm?site=elections/federal/2007 ABC video of interview
- ^ "Same sex unions". Australian Democrats. 2006. Retrieved 2008-06-02.
- ^ "South Australian MP fights for more gay rights (15 October 2004)". Pink Guide. Retrieved 2008-05-01.
- ^ "South Australia to consider same-sex civil unions (19 October 2004)". Fridae.com. Retrieved 2008-05-01.
- ^ Gay News From 365Gay.com
- ^ Australian Attorney-General's website.
- ^ National register for gay couples, says Kevin Rudd
- ^ "Feds find 100 laws to fix". bnews - Melbourne Star. Retrieved 2008-02-29.
- ^ HREOC Same-sex same entitlements Report
- ^ Human Rights and Equal Opportunity (HREOC Australia) report, Same-sex Entitlements Discussion Paper II (2006)
- ^ Human Rights and Equal Opportunity Commission: Same-Sex: Same Entitlements Report, June 21, 2007
- ^ a b http://www.smh.com.au/news/national/matching-rights-for-gay-couples/2008/04/29/1209234862823.html Matching Rights for Gay Couples
- ^ http://www.news.com.au/heraldsun/story/0,21985,23621341-5005961,00.html Gay group welcomes equal rights move
- ^ Majority support same-sex marriage - poll | NEWS.com.au
- ^ Public backs gay unions, equality - National - theage.com.au
- ^ Gay couples deserve 'equal treatment' | The Australian
- ^ Ruddy Good News - What The Election Results Mean For Us on SameSame.com.au
- ^ Nelson backs gay reforms | The Australian
- ^ Turnbull gets in ring for gay rights fight | NEWS.com.au
- ^ http://www.bnews.net.au/content/view/1251/2/ Feds find 100 laws to fix
- ^ a b http://www.info.gov.nf/legislation/NumberedActs/2006/DeFactoRelationshipsAct2005.doc De Facto Relationships Act 2005
- ^ DOMESTIC RELATIONSHIPS ACT 1994
- ^ ACT revising same sex relationships law. 20/10/2006. ABC News Online
- ^ Equal rights closer for ACT gay couples | NEWS.com.au
- ^ Gay News From 365Gay.com
- ^ http://www.acl.org.au/pdfs/load_pdf_public.pdf?pdf_id=717&from=
- ^ Gay marriage plan a risk to minors, A-G says | NEWS.com.au
- ^ Minors could 'wed' under gay marriage plan | NEWS.com.au
- ^ Same-sex union Bill blocked again | NEWS.com.au
- ^ G-G to disallow civil unions laws. 13/06/2006. ABC News Online
- ^ Rudd refuses to overrule ACT on gay partnership bill - National - theage.com.au
- ^ Maley, Paul (2008-02-07). "Gay unions are OK ... just don't do it in public". The Australian. Retrieved 2008-02-07.
{{cite news}}
: Italic or bold markup not allowed in:|publisher=
(help) - ^ "ACT civil partnerships issue will cause government rift: Brown". Australian Broadcasting Corporation. 2008-02-07. Retrieved 2008-02-07.
- ^ "ACT made to axe gay unions". The Australian. Retrieved 2008-05-05.
- ^ "Federal veto forces ACT backdown on gay unions". The Age. Retrieved 2008-05-05.
- ^ Anti-Discrimination Act 1977
- ^ "Homosexual Discrimination" (PDF). Anti-Discrimination Board of New South Wales. Retrieved 2007-09-03.
- ^ "Relationships Declaration Program". City of Sydney. Retrieved 2007-09-03.
- ^ "Legal Recognition for Gay Couples". Victorian Gay and Lesbian Rights Lobby and Law Institute of Victoria 2002. Retrieved 2007-09-03.
- ^ "Same Sex Relationships". Victorian Equal Opportunity and Human Rights Commission. Retrieved 2007-09-03.
- ^ "Australian City To Launch Gay Partner Registry". Gay News from 365Gay.com. Retrieved 2007-09-03.
- ^ "Hooray for Melbourne and gay sex!". ISFAT.com. Retrieved 2007-09-03.
- ^ "Melbourne City Council - 'Relationships Declaration Register'". Salt Shakers. Retrieved 2007-09-03.
- ^ "Relationships and the law". Law Reform Commission New South Wales. Retrieved 2008-05-01.
- ^ "Relationship rights in limbo". SSOnet. Retrieved 2008-05-01.
- ^ "Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008". Parliament of New South Wales. Retrieved 2008-06-11.
- ^ Taylor, Christian (2008-04-23). "New Laws for Same Sex Families". SameSame.com.au. Retrieved 2008-05-01.
- ^ "Parenting reforms welcomed". SX News. 2008-06-11. Retrieved 2008-06-11.
- ^ Norfolk Island Homepage (see De Facto Relationships Act 2005)
- ^ LAW REFORM (GENDER, SEXUALITY AND DE FACTO RELATIONSHIPS) ACT 2003
- ^ INDUSTRIAL RELATIONS BILL 1999-Government
- ^ http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2002/02AC074.pdf
- ^ South Australian Legislation
- ^ STATUTES AMENDMENT (EQUAL SUPERANNUATION ENTITLEMENTS FOR SAME SEX COUPLES) ACT 2003 (NO 13 OF 2003)
- ^ STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006)
- ^ Legal Services Commission of South Australia
- ^ South Australia gays get new rights - from Pink News - all the latest gay news from the gay community - Pink News
- ^ Gay News From 365Gay.com
- ^ GayWired.com - Southern Australia Approves Domestic Partners Legislation; Gay Rights Advocates Celebrate
- ^ http://www.actwin.com/eatonohio/gay/sahoa.html
- ^ http://www.humanrights.gov.au/media_releases/2007/38_07.html
- ^ Births Deaths and Marriages : Relationships
- ^ Partners Task Force - Tasmania: Relationships Act
- ^ "Gay marriage bill for Tasmania". ABC News. 2008-06-20. Retrieved 2008-06-20.
- ^ http://www.over-the-rainbow.org/main/topic1_3.htm
- ^ Same sex relationships
- ^ Gay News From 365Gay.com
- ^ Same sex and the city - In Depth - theage.com.au
- ^ Hooray for Melbourne and gay sex! - ISFAT
- ^ Homosexuality - MCC same sex relationships register - Salt Shakers Inc
- ^ http://www.news.com.au/story/0,23599,21610747-2,00.html?from=public_rss Gays recognized with legal standing
- ^ http://www.melbourne.vic.gov.au/info.cfm?top=208&pg=3483
- ^ City of Melbourne - News and Media Centre - Story Show Page
- ^ http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=773 Victoria's first Relationship Declaration Register launched
- ^ http://www.news.com.au/story/0,23599,21611975-29277,00.html?from=public_rss Same-sex register for Victoria
- ^ Relationships Bill 2007
- ^ Acts Amendment (Lesbian and Gay Law Reform) Act 2002
- ^ http://www.stonewall.org.uk/information_bank/partnership/international/137.asp#21 Countries that recognize or proposed to recognize same-sex relationships
- ^ Australian trans passport victory- from Pink News- all the latest gay news from the gay community - Pink News
External links
- Kirby's call answered on judges' same-sex pension The Australian (5 Dec 2007)
- Gays welcome new support NEWS.com.au (3 Dec 2007)
- Study on homophobia in Australia PDF Australia Institute (July 2005)
News articles
- "PM joins opposition to gay marriage as cleric's election stalls". The Sydney Morning Herald. 6 August 2003.
{{cite news}}
: Check date values in:|date=
(help) - "Sydney council first to recognise gay couples". Australian Broadcasting Corporation. 14 August 2003.
{{cite news}}
: Check date values in:|date=
(help) - "Love, honour and gay". The Bulletin. 3 October 2003.
{{cite news}}
: Check date values in:|date=
(help) - "Latham promises same sex rights". The Age. 4 January 2004.
{{cite news}}
: Check date values in:|date=
(help) - "Latham flirts with prejudice over gay marriage ban". Greens WA. 2 February 2004.
{{cite news}}
: Check date values in:|date=
(help) - "Labor Right sinks same-sex scheme". The Age. 3 February 2004.
{{cite news}}
: Check date values in:|date=
(help) - "Same-sex wedding fever". The Sydney Morning Herald. 16 February 2004.
{{cite news}}
: Check date values in:|date=
(help) - "Coalition, Labor pass same-sex marriage ban". Australian Broadcasting Corporation. 13 August 2004.
{{cite news}}
: Check date values in:|date=
(help) - "Liberal party lashed as bigoted and anti-gay". The Age Newspaper. 20 November 2005.
{{cite news}}
: Check date values in:|date=
(help) - "John Howard's love and disappointment". The Sydney Morning Herald. 21 July 2004.
{{cite news}}
: Check date values in:|date=
(help) - "Tas Parliament scuttles gay marriage move". Australian Broadcasting Corporation. 1 December 2005.
{{cite news}}
: Check date values in:|date=
(help) - "Gay couples get ACT recognition". Australian Broadcasting Corporation. 2 December 2005.
{{cite news}}
: Check date values in:|date=
(help) - "PM opposes gay marriage". Australian Broadcasting Corporation. 22 December 2005.
{{cite news}}
: Check date values in:|date=
(help) - "Ruddock threatens ACT same-sex union laws". Australian Broadcasting Corporation. 30 March 2006.
{{cite news}}
: Check date values in:|date=
(help) - "ACT senator rejects call to support civil unions bill". Australian Broadcasting Corporation. 31 March 2006.
{{cite news}}
: Check date values in:|date=
(help) - "ACT passes same-sex couples law". Australian Broadcasting Corporation. 12 May 2006.
{{cite news}}
: Check date values in:|date=
(help) - "Australians don't support gay marriage: Howard". Australian Broadcasting Corporation. 23 May 2006.
{{cite news}}
: Check date values in:|date=
(help) - "North Qld MP backs same sex couple recognition". Australian Broadcasting Corporation. 26 May 2006.
{{cite news}}
: Check date values in:|date=
(help) - "Civil unions a step too far: Howard". Australian Broadcasting Corporation. 8 June 2006.
{{cite news}}
: Check date values in:|date=
(help) - "Gay groups lobby senators over ACT civil union law". Australian Broadcasting Corporation. 10 June 2006.
{{cite news}}
: Check date values in:|date=
(help) - "Why, oh why can't I have a civil union?". The Age. 10 June 2006.
{{cite news}}
: Check date values in:|date=
(help) - "G-G to disallow civil unions laws". Australian Broadcasting Corporation. 13 June 2006.
{{cite news}}
: Check date values in:|date=
(help) - "Senators fail to reinstate civil union laws". Australian Broadcasting Corporation. 15 June 2006.
{{cite news}}
: Check date values in:|date=
(help) - "Advocate welcomes WA Nationals' support for same sex unions". Australian Broadcasting Corporation. 5 August 2006.
{{cite news}}
: Check date values in:|date=
(help) - "WA Nationals leader won't pursue same-sex unions". Australian Broadcasting Corporation. 6 August 2006.
{{cite news}}
: Check date values in:|date=
(help) - "Equal rights closer for ACT gay couples". The Australian. 12 December 2006.
{{cite news}}
: Check date values in:|date=
(help) - "Same-sex union Bill blocked again". AAP. 6 February 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Ruddock blocks gay union plan". The Age. 7 February 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Ceremony not for gays, says Ruddock". The Age. 8 February 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Gay Equality Too Costly: RUDDOCK". Sydney Star Observor. 5 March 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Relationship Register Refused". Sydney Star Observor. 16 August 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Howard rejects equal rights for gay Australians". Pinknews.co.uk. 13 September 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Lib MPs back call for gay law reform". The Australian. 21 September 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Greens push for same-sex relationship rights". Australian Broadcasting Corporation. 11 October 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Archbishop of Sydney George Pell backs discrimination against gays". Australian Broadcasting Corporation. 30 October 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Turnbull pledges death benefits for some same-sex couples". Australian Broadcasting Corporation. 7 November 2007.
{{cite news}}
: Check date values in:|date=
(help) - "ACT to push again for gay civil unions". The Australian. 27 November 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Law will recognise gay unions". The Sydney Morning Herald. 1 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Nelson supports gay legal rights". Australian Broadcasting Corporation. 2 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Register for gay, de facto couples". The Age. 5 Decemberundefined2007.
{{cite news}}
: Check date values in:|date=
(help) - "Stanhope digs in on gay unions". The Canberra Times. 5 Decemberundefined2007.
{{cite news}}
: Check date values in:|date=
(help) - "ALP call to unite on gay reforms". The Australian. 6 Decemberundefined2007.
{{cite news}}
: Check date values in:|date=
(help) - "Rudd 'won't interfere' in ACT civil unions bill". Australian Broadcasting Corporation. 6 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "ACT to delay gay union laws". The Sydney Morning Herald. 7 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Lobby group concerned over watered-down gay partnerships". Australian Broadcasting Corporation. 8 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Civil union re-think". Bnews. 12 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Relationships register productive: Rudd". The Sydney Morning Herald. 16 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Civil unions for gays". The Daily Telegraph. 16 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "PM denies 'secret plan' to allow gay unions". Australian Broadcasting Corporation. 16 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Registry wins gay support". The Mercury. 17 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "No Labor plans to allow gay marriage". The Australian. 17 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Christian lobby supports PM's same-sex stance". Australian Broadcasting Corporation. 17 December 2007.
{{cite news}}
: Check date values in:|date=
(help) - "Recognition Of Same-Sex Couples Advances In Australia". 365gay.com News. 2 January 2008.
{{cite news}}
: Check date values in:|date=
(help) - "Lesbian senator committed to fight for gay equality". Pinknews.co.uk. 3 January 2008.
{{cite news}}
: Check date values in:|date=
(help) - "Anglican archbishop spurs opposition to gays". The Age. 4 January 2008.
{{cite news}}
: Check date values in:|date=
(help) - "New 'divorce' rights for Australian gay couples". Pinknews.co.uk. 4 January 2008.
{{cite news}}
: Check date values in:|date=
(help) - "New Push For Civil Unions Bill". Sydney Star Observer. 24 January 2008.
{{cite news}}
: Check date values in:|date=
(help) - "Canberra Rally For Civil Unions". Sydney Star Observer. 31 January 2008.
{{cite news}}
: Check date values in:|date=
(help) - "ACT wants resolution to gay stand-off". AAP. 2 February 2008.
{{cite news}}
: Check date values in:|date=
(help) - "ACT Takes A Stand For Ceremonies". Sydney Star Observer. 7 February 2008.
{{cite news}}
: Check date values in:|date=
(help) - "Public gay unions 'unacceptable'". The Australian. 7 February 2008.
{{cite news}}
: Check date values in:|date=
(help) - "ACT civil partnerships issue will cause government rift: Brown". 7 February 2008.
{{cite news}}
: Check date values in:|date=
(help); Text "Australian Broadcasting Corporation" ignored (help) - "Govt slammed over gay unions". The Canberra Times. 10 February 2008.
{{cite news}}
: Check date values in:|date=
(help) - "ACT's Civil Partnerships Bill in jeopardy". SX News. 13 February 2008.
{{cite news}}
: Check date values in:|date=
(help) - "100 laws ignore same-sex couples". The Australian. 1 March 2008.
{{cite news}}
: Check date values in:|date=
(help) - "Govt urged to act on same-sex discrimination". Australian Broadcasting Corporation. 5 March 2008.
{{cite news}}
: Check date values in:|date=
(help)
Other
- ACT civil union fact sheet
- ACT government press release
- Australia National Laws
- Understanding Your Legal Rights - Same Sex : Lawlink NSW Legal Rights for Lesbians and Gay Men ... A Brief Introduction
- Recognition of same-sex relationships - an international and comparative perspective.
- World conference on LGBT rights
On the Marriage Amendment Bill
- Senate Hansard speeches
- Andrew Bartlett (Democrats)
- Michael Forshaw (ALP)
- Kerry Nettle (The Greens)
- Santo Santoro (Liberals) -- by leave
- Divisions
- Second Reading
- In committee (on amendments proposed by Greens and Democrat senators)
- Third reading