Gay rights in Australia are similar to several similar democracies. Homosexual sex is legal, people are generally very accepting, legislation exists against some forms of discrimination against gays, but same-sex relationships do not receive the same level of government recognition as de facto heterosexual relationships in federal law [1]PM to review same-sex couples' rights
History of activist groups
An Australian arm of the Daughters of Bilitis, formed in 1969 in Melbourne, is considered Australia's first gay rights organisation.
The Gay Teachers Group was a gay rights organisation started in the late 1970s.
The Homosexual Law Reform Coalition was a gay rights group started in the late 1970s.
Gay rights in the last decade
A law in Tasmania prohibiting homosexual sex was overturned by federal legislation in 1997 when the federal government passed the "Human Rights (Sexual Conduct) Act 1994 - Section 4" which cannot be applied between consensual adults {over 18} in private [2].
The Marriage Act 1961 and the Family Law Act were amended in order to define marriage as a "union of a man and a woman to the exclusion of all others, voluntarily entered into for life". Amendments were also made to prevent the recognition in Australia of marriages conducted in other countries between a man and another man or a woman and another woman.
Superannuation (tax-incentivised retirement funds) legislation recognised "interdependent relationships", which included same-sex relationships.
The Australian Defence Force gave recognition to "interdependent relationships", which included same-sex relationships.[3]
In late 2005, John Howard ruled out same-sex civil unions under his government stating that "marriage is for men and women," and "That's why we amended the Marriage Act [in August 2004]." He went on to explain that Australia's culture is rooted in Judeo-Christian tradition. "I believe very strongly that marriage is exclusively a union for life of a man and a woman to the exclusion of others. That's the common understanding of marriage in the Judeo-Christian tradition, and I would be opposed to the recognition of civil unions."[4]
The Australian Red Cross Blood Service bans blood donations from men who have had sex with men in the previous twelve months. The policy is currently before the Tasmanian Anti-Discrimination Commission.[5]For further information on blood screening at the Australian Red Cross Blood Service, see the section on infectious diseases in the article about that organisation.
In 2006, Philip Ruddock blocked a gay Australian man from marrying in Europe. Ruddock refused to grant a gay man living in the Netherlands a 'Certificate of No Impediment to Marriage' document required by some European countries before marriage, to prove foreigners are in fact single. Under Ruddock's instructions, no such documents were to be released to gay and lesbians individuals intending to marry overseas [6]. The government made the statement, ""Following the advice of the Australian Attorney-General's Department we herewith certify that Australian law does not allow the issue of a Certificate of No Impediment to Marriage to persons wishing to enter into a same-sex marriage." He went on to say that he did not believe there was support for same-sex marriage.
In 2006, during a lecture at the Sydney Institute, Peter Costello, when questioned about the government's decision not to legally recognise same sex partnerships, said, "I think we do recognise the rights of gay and lesbian people in Australia. We do not criminalise [their] conduct or behaviour." Costello said that his government was right in blocking legalized unions for gay couples because marriage should only apply to opposite-sex partnerships. He said gay partners have the right to access each other's pensions and that was about as far as the government was prepared to go.[7]
Prime Minister John Howard has admitted to meeting with fundamentalist group The Exclusive Brethren, stating he had "met a lot more fanatical people in [his] life than [that group]." Howard explained the Brethren were "entitled to put their views to the Government," and went on to say that he had no problem with the fundamentalist sect.[10]
Independent MP Andrew Olexander has attempted to introduce a private members bill into Victorian Parliament, in an effort to allow same-sexcivil unions. [11]. However, Victorian Premier Steve Bracks has rebuked such suggestions, refusing to allow parliamentary counsel to draft the bill, saying he would block any move to have civil-unions or gay marriage debated in parliament. [12]
Prime minister John Howard has publicly stated that he intends to veto the proposed ACT same sex civil marriage laws because he believes in "support[ing] the special and traditional place of marriage as a heterosexual union for life of a man and a woman in Australian society." In response, the ACT's Chief Minister Jon Stanhope accused John Howard of having no place for homosexuals. Howard has however denied this. [13]
Leaders of the Australian Anglican Church have called for the removal of the proposed legislation, because "[They] believe this proposal actually threatens and compromises the traditional Christian view of marriage between a man and a woman." and that "We further believe the proposal to apply lesser age requirements for such civil unions is thoroughly unhelpful to young people in their developing years, and is therefore not in their best interests or the ultimate good of society as a whole." [14]
Civil Union laws passed in the Australian Capital Territory on 11 May 2006 [19]. Federal Attorney General Philip Ruddock announced that the Federal Government would advise the Governor-General to disallow the laws. [20]. The Australian Capital Territory allows civil partnership law to go ahead [21], [22] and in February 2007, Attorney General Phillip Ruddock announced that he did not approve of gay civil partnership and blocked laws in the ACT because he believes gays should not hold ceremonies on their partnership as it equates gay unions with heterosexual marriage. He stated that marriage was a "cultural institution" intended only to produce and raise children [23].
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