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LGBT rights in Australia

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LGBT rights in Australia
Australia
StatusLegal nationwide since 1997[1]
Gender identity–
MilitaryGays and lesbians allowed to serve openly since 1992
Discrimination protections(see below)
Family rights
Recognition of relationshipsUnregistered cohabitation in most areas of Australian law
Registered partnerships in ACT, New South Wales, Queensland, Tasmania and Victoria
(see below)
AdoptionVaries by region (see below)

The recognition and rights of lesbian, gay, bisexual, transgender (LGBT) individuals and couples in Australia have gradually been increasing within the states and territories since the 1970s. Laws regarding sexual activity apply equally to same-sex and heterosexual activity in all Australian states and territories, except Queensland, where there is an unequal age of consent for anal sex.[2] Every state and territory legally recognises both opposite-sex and same-sex relationships as de facto couples and also legally recognises lesbian co-mothers as birth parents of children conceived through in vitro fertilisation or artificial insemination. In the Australian Capital Territory, New South Wales, Queensland, Tasmania and Victoria there are domestic partnership registries, while the other states and territories recognise de facto same-sex couples. Same-sex couples are allowed to jointly adopt children in the Australian Capital Territory, New South Wales and Western Australia, and may adopt their partner's stepchild in Tasmania. In all other states except South Australia, LGBT people are allowed to adopt individually.

At the federal or Commonwealth level, marriage has been explicitly defined as a union between a man and a woman since 2004, when the Marriage Amendment Act was passed.[3] However, since 1 July 2009, same-sex couples receive the same level of recognition as de facto opposite-sex couples in federal legislation including tax, health, superannuation, and aged care.

LGBT history and activism

History of Australian gay rights

Main article: LGBT history in Australia

Change in public opinion, leadership and policy

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.[4]

  • 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% in favour and 44% against.[5]

In November 2007, the Liberal/National Coalition, led by John Howard, lost to the Australian Labor Party in the 2007 national federal election. Penny Wong (Labor) became the first openly gay member of a ministry. The Labor Government, led by Prime Minister Kevin Rudd, openly supported rights for same-sex couples, but not same-sex marriage. Liberal leader Brendan Nelson said he supported equal economic and social rights for gay couples, but not marriage, adoption or IVF.[6]

In 2008, federal Attorney-General Robert McClelland announced that they had gone beyond the 58 pieces of discriminatory legislation found by a recent HREOC inquiry, and that legislation to remove inequalities in 100 areas of the law would be introduced, giving gay couples the same treatment as heterosexual de facto couples with respect to federal legislation and services such as social security and veterans affairs.

Attempts in the ACT to offer civil unions for same-sex couples were attempted again under the new Labor federal government in 2008, but were again threatened to be disallowed. However, the federal government has stated that it is willing to accept state-based relationship registers so long as they don't mimic marriage by allowing a ceremony. In May, the ACT settled for creating a relationship registry similar to Tasmania and Victoria.

In April 2008, an informal readers poll in the online edition of The Age resulted in 79% of 2005 respondents saying that gay couples should be allowed to marry.[7]

In May 2008, a survey of 15,000 women aged 20 and above by the Australian Women's Weekly found that more than 70% said same-sex couples should have the same rights as heterosexual couples. This is consistent with the nationwide Galaxy poll results from June 2007.[8]

In 2009, a state-wide Galaxy poll commissioned by a coalition of gay rights groups in January found a majority of Queenslanders supported civil unions, marriage and full legal recognition of same-sex parents. The poll found that 60 per cent of Queenslanders believed same-sex couples should be able to have a civil union with the same legal rights and responsibilities as marriage, and 54 per cent believed same-sex couples should be able to marry.[9]

A nationwide Galaxy poll was conducted in June for Australian Marriage Equality which measured the opinions of 1100 Australians aged 16 or older. The poll found that 60% of Australians would support same-sex marriage, with 36% opposed. It also found that 58% of Australians would support the recognition of same-sex marriages formed in other countries in Australian law. The results suggested that support was strongest in New South Wales and weakest in Queensland and South Australia, though a majority in all states were in support.[10]

The ALP's national policy, as of 2009, supports state-based relationship registers for same-sex couples, not marriage. But in July 2009, a motion was passed at the ALP's Tasmanian state conference calling on the federal government to remove discrimination against gay and lesbian couples by changing the Marriage Act to include same-sex couples.[11] At the ALP national conference in Sydney a few days later, the federal government refused to change its position on same-sex marriage and registers, but agreed to remove the explicit definition of marriage being between a man and a woman from its national platform.[12]

The 2010 Galaxy Poll on same sex marriage

In October 2010, Galaxy Research conducted another poll commissioned by the organisation Australian Marriage Equality and Parents and Friends of Gays and Lesbians, asking respondents whether or not they supported same-sex marriage and whether they supported a conscience vote on same-sex marriage in Federal Parliament.[13] The poll demonstrated a trend towards growing support of same-sex marriages in Australia, with 62% of respondents claiming to support same-sex marriages (with 33% against and 5% unsure). Support for same-sex marriage was strongest among the younger generations, with 80% of 18-24 year olds in favour of allowing same-sex marriage. Contrastingly, 46% of respondents aged 50 or over were in support of same-sex marriage. The poll found that respondents who were supporters of The Greens were most in favour of legalising same-sex marriage (81% in favour), followed by Labor supporters (78% in favour), with the supporters of the Liberal Party coalition the least supportive of same-sex marriage (48% in favour). Respondents with higher household incomes were more likely to support same-sex marriage, and white collar workers were found to be slightly more supportive than blue collar workers. 78% of respondents responded positively to the second question regarding whether or not a conscience vote on same-sex marriage should be held in Federal Parliament[14]

Current Australian activist groups

Anti-discrimination and legal recognition

Commonwealth level

Same-sex relationships are legally recognised in federal legislation, and are afforded a broad range of rights, but federal (Commonwealth) laws do not allow same-sex couples to legally marry.

Australia does not comprehensively outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia's agreement to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organisation Convention No.111 (ILO 111), the Human Rights and Equal Opportunity Commission (HREOC) Act established the HREOC in 1986, and empowers it to investigate complaints of discrimination in employment and occupation on various grounds, including sexual orientation, and to resolve such complaints by conciliation. If it cannot be conciliated, the Commission prepares a report to the federal Attorney-General who then tables the report in Parliament. Employment discrimination on the ground of "sexual preference" is also rendered unlawful in the Fair Work Act 2009, allowing complaints to be made to the Fair Work Ombudsman.[15]

The Human Rights (Sexual Conduct) Act 1994 provided that sexual conduct involving only consenting adults (18 years or over) acting in private would not be subject to arbitrary interference by law enforcement. This applies to any law of the Commonwealth, State or Territory.[16]

In late 2010, the Gillard Labor Government announced that it is undertaking a review of federal anti-discrimination laws, with the aim of introducing a single equality act that would include sexual orientation and gender identity.[17]

Immigration and sponsorship

In 1985, changes were made to the Migration Act 1958 (Cth) due to pressure from the Gay and Lesbian Immigration Task Force (GLITF). An interdependency visa was specifically created for same-sex couples, allowing Australian Citizens and Permanent Residents to sponsor their same-sex partners to Australia. Unlike married couples, de facto and interdependent partners must be able to prove a twelve month committed relationship. The temporary and permanent visas (Subclasses 310 and 110) allow the applicant to live, work, study and receive Medicare benefits in Australia.[18][19]

Military service

Main article: Sexual orientation and the military of Australia

In 1992, the Australian Defence Force (ADF) ended its prohibition on openly gay or lesbian members serving in the military. The ADF also recognises "interdependent relationships", which include same-sex relationships, regarding benefits available to active duty members. This means equal benefits in housing, moving stipends, education assistance and leave entitlements. To be recognised as interdependent, same-sex partners will have to show they have a "close personal relationship" that involves domestic and financial support.[20] The ADF also gives equal access to superannuation and death benefits for same-sex partnerships.[21] Under the Human Rights Commission Act 1986,[22] discrimination or harassment on the grounds of sexual orientation, be it heterosexuality, homosexuality or bisexuality, is prohibited. ADF members or APS employees are not to be asked about their sexual orientation, nor is sexual orientation, or alleged sexual orientation, to be adversely taken into consideration in promotion, posting or career development decisions.

The DEFGLIS (Defence Force Gay and Lesbian Information Service) is an unofficial organisation of Regular, Reserve and Civilian members of the Australian Defence Organisation (ADO) who are gay, lesbian, bisexual, intersex and transgender (GLBIT) and allies.

Civil union proposals

After Great Britain introduced 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 Legislation Amendment Bill.

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, accredited 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.[23]

Relationships registers

In 2007, Prime Minister Kevin Rudd said that the Government wanted to ensure same-sex couples had non-discriminatory access to tax, social security and inheritance entitlements, via nationally consistent laws and registers of relationships.[24] In December 2007, 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. Neither Rudd nor the Labor Party endorse the more controversial step of approving same-sex marriage or civil unions.[25] 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. As of 2011 only Queensland, Tasmania, Victoria, Australian Capital Territory and New South Wales have implemented registered relationships.

HREOC inquiry and reforms

Following threats of disallowance of the proposed ACT civil unions legislation and subsequent complaints of discriminatory treatment, a national inquiry was launched by the Human Rights and Equal Opportunity Commission (HREOC) in April 2006, which investigated financial and work-related discrimination toward same-sex relationships.[26] On 21 June 2007, the HREOC released its 'Same-Sex: Same Entitlements' report. The Commission identified 58 Commonwealth law statutes and provisions that explicitly discriminate against same-sex couples and, in some cases, their children, by using the term 'member of the opposite sex'.[27]

In February 2008, 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 and hoped to see some kind of action by the middle of the year. On 16 April, the Rudd government was considering delaying the reforms (an estimated A$400million over 4 years) until 2009. This estimate fell considerably short of the projected A$1billion the Howard government believed the law reform would cost.[28][29] However two weeks later on 30 April 2008, federal Attorney-General, Robert McClelland, announced that legislation to remove inequalities in 100 areas of the law would be introduced when Parliament resumes in May for the winter sittings. The proposed legislation would afford same-sex couples the same treatment as heterosexual de facto couples, with a delayed implementation in areas like social security and veterans affairs to be completed by mid-2009. Other areas to be reformed included health, aged care, veterans' entitlements, workers' compensation, employment and entitlements. All the changes would be operational by the middle of 2009; most will begin as soon as legislation is passed.

The superannuation bill was expected to pass the Senate before 1 July,[30][31] however the Coalition established an inquiry to look at whether the reforms should include people in other forms of interdependent relationships.[32] Several conservative MPs moved to stop the plan, warning that replacing the terms "husband and wife" with "partner" could undermine the traditional role of marriage.[33] Liberal MP Stuart Robert warned that by replacing references to a "marital relationship" with a "couple relationship" in the super laws, it may "slowly chip away at the institution of marriage". He also opposed moves in the bill to give inheritance rights to the children of a non-biological gay parent.[34] The coalition has used its Senate majority to delay legislation removing same-sex discrimination from commonwealth laws until the end of September.[35][36][37][38]

Social Security Act 1991

From 1 July 2009 changes to legislation will mean that customers who are in a same-sex de facto relationship will be recognised as partnered for Centrelink and Family Assistance Office purposes. All customers who are assessed as being a member of a couple will have their rate of payment calculated in the same way.[39]

Inheritance and property rights

Without the automatic legal protections that married couples receive under the law with regard to inheriting assets from their partners, same sex couples have had to take specific legal actions. Individuals are not entitled to a partial pension if their same-sex partner dies. Gay and de facto couples who separate did not have the same property rights as married couples under federal law and were required to use more expensive state courts, rather than the Family Court, to resolve disputes. The plan to grant equivalent rights to gays and de factos had been up for discussion since 2002, and all states eventually agreed, but the change was blocked because the Howard government insisted on excluding same-sex couples.[40]

In June 2008, the Rudd Government introduced the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 to allow same-sex and de facto couples access to the federal Family Court on property and maintenance matters, rather than the state Supreme Court. This reform was not part of the 100 equality measures promised by the Government but stem from a 2002 agreement between the states and territories that the previous Howard Government did not fulfill.[41][42] Coalition amendments to the bill failed and it was passed in November 2008.[43]

State and territory level

See also: Recognition of same-sex unions in Australia

At state and territory levels, there is some form of recognition for same-sex couples, mainly through being considered in de facto relationships.

Same-sex couples, in the ACT, New South Wales, Queensland, Tasmania and Victoria may enter into a "registered relationship" (called "civil partnerships" in the ACT and Queensland and "significant relationships" in Tasmania). This provides conclusive proof of the existence of the relationship, thereby gaining the same rights afforded to de facto couples under state and federal law without having to prove any further factual evidence of the relationship. In this way, a registered relationship is similar to a registered partnership or civil union in other parts of the world.[44] In South Australia same-sex couples can prove their relationship through an agreement, known as the Domestic Partnership Agreement. In Western Australia, Norfolk Island and the Northern Territory, same-sex couples often must go to court to prove a relationship exists.

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. In November 2007, with the Labor party winning a large number of seats in all levels of government, debate about civil partnership(s) was re-introduced.[45][46][47]

All states and territories of Australia (except for Queensland), have age of consent legislation that applies equally regardless whether the participants are male or female, same-sex or opposite-sex. All states, territories and on the federal level are at the age of 16, except for Tasmania and South Australia, where it is 17. Queensland's age of consent is 16, however it still has a "sodomy law" in their statutes dating back to 1990, punishing anal sex involving any person under 18 with up to 14 years in prison.[2]

Status of same-sex unions in Australia.
  Same-sex marriage
  Same-sex civil partnerships or relationship registers
  Domestic partnership agreement
  Defined statewide as "de facto"
Official relationship status Anti-discrimination legislation Pending legislation
ACT Yes Civil Union Yes –
New South Wales Yes Domestic Partnership (Registry) Yes –
Northern Territory Defined as 'De facto', no registry Yes –
Queensland Yes Civil Partnership Yes –
South Australia Yes Domestic Partnership (Agreement) Yes Assisted Reproductive Treatment (Equality of Access) Amendment Bill 2012[48]
Marriage Equality Bill 2012[49]
Civil Partnership Bill[50]
Tasmania Yes Registered Partnership (Registry) Yes –
Victoria Yes Domestic Partnership (Registry) Yes –
Western Australia Defined as 'De facto', no registry Yes –

ACT

See also: Recognition of same-sex unions in the Australian Capital Territory

The ACT Discrimination Act 1991 prohibits discrimination based on sexuality and gender identity (as well as other grounds) in: access to premises; membership or services of a club; access to or membership of a professional or trade organisation; provision of goods, services or facilities; accommodation; partnerships and qualifying bodies; education; requests for information; work and employment.[51] Its also unlawful to discriminate against same-sex parents in relation to their employment entitlements, hence enabling same-sex parents to access parental leave.[52] The first legislation to officially recognise same-sex couples in the ACT was the Domestic Relationship Act 1994.

Six extra acts came into force that was passed by the Jon Stanhope Government between 2003 and 2004 to get rid of all discrimination against same sex couples – including parentage, IVF access and adoption.

Multiple attempts were made by the ACT to recognise Civil Partnerships starting in 2006 under Chief Minister Jon Stanhope. The Civil Unions Act 2006, which created civil unions for same-sex and opposite-sex couples and made them legally equivalent to marriage, was enacted on 9 June 2006, but quickly disallowed by the Governor-General on 13 June 2006. A second ACT bill, the Civil Partnerships Bill 2006, was blocked again in February 2007.

In May 2008, after several attempts to amend the scheme, the Territory abandoned its civil partnerships legislation and settled for a system of relationship registers virtually identical to the ones operating in Tasmania and Victoria. The Civil Partnerships Act 2008 commenced on 19 May 2008, giving same-sex couples increased access to superannuation, taxation and social security law reforms. While legislative ceremonies were removed from the Bill, an administrative ceremony may be performed by a representative the ACT Register-General.[53][54]

The Civil Partnerships Amendment Bill 2009, presented to the ACT Legislative Assembly by the ACT Greens, was passed in November 2009, allowing ceremonies to be conducted with civil partnerships, which was the contentious item removed from last years' legislation. This made the ACT the first territory in the country to formally legalise civil partnerships ceremonies for gay couples.[55][56]

In August 2012, the ACT Civil Union Bill passed after it legal advice showed that the Federal government removed its ability to legislate for territorial and state same-sex marriage after it defined marriage as only between man and woman in the Marriage Amendment Act 2004. The Civil Union bill grants the same rights to same-sex couples as people married under the Marriage Act.[57] The local government has also announced that they are working with the state of Tasmania to introduce a marriage equality bill in the ACT.[58]

New South Wales

Main article: LGBT rights in New South Wales

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 all areas of territory law – except adoption. The Act removed distinctions based on a person's gender, sexuality or de facto relationship in approximately 50 Acts and Regulations. As in NSW, Tasmania, Victoria, Western Australia, the ACT and the federal government reforms has also included enabling the lesbian partner of a woman to be recognised as the parent of their partner’s child across Northern Territory law under section 5(da) of the Status of Children Act (this is called "parentage"). 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."[59]

The Northern Territory Anti-Discrimination Act 2007[60] prohibits discrimination based on sexuality.[61]

Queensland

Main article: LGBT rights in Queensland

South Australia

Main article: LGBT rights in South Australia

Tasmania

See also: Domestic partnership in Tasmania

Despite the federal government passing legislation decriminalising gay male sexual conduct in 1994, it wasn't until 1996 when the law in Tasmania prohibiting gay male sexual conduct was overturned by the High Court of Australia. Finally in April 1997 the Tasmanian Liberal Party government presented a law reform bill de-criminalising homosexuality; the bill was passed on the evening of 1 May 1997 making Tasmania the last state to decriminalise gay male sexual conduct.[1]

The Tasmanian Anti-Discrimination Act 1998[62] prohibits discrimination based on sexual orientation (and other characteristics) in: employment; education and training; provision of facilities, goods and services; accommodation (including residential and business); membership and activities of clubs; and administration of any law of State or any State program.[62]

Tasmania's Relationship Act 2003 provides for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. These relationships provide a limited number of rights in the areas of Superannuation, Taxation, Insurance, Health Care, Hospital Visitation, Wills, Property Division, and Employment Conditions (such as parenting and bereavement leave).[63]

The Relationships (Consequential Amendments) Bill 2003 was debated at the same time as the Relationships Bill 2003. Approximately 70 Tasmanian Statutes were identified that discriminated against same sex and other non-traditional relationships, and this bill would have amended discriminatory relationships legislation by removing narrow definitions of ‘de facto spouse’ or ‘partner’ and replaced them with gender neutral definitions to include same sex partners. It failed to pass.[64][65]

The Greens' Nick McKim tabled the Same-Sex Marriage Bill on 1 July 2008 which would have made Tasmania the first place in the country to let same-sex couples marry. The Government and Opposition voted down a previous attempt by the Greens to allow gay marriages.[66] A Senate inquiry in November 2009 rejected the bill.[67][68][69][70]

In August 2012 Tasmanian premier Lara Giddings announced that Tasmania would pass new laws allowing same-sex couples to marry.[71] The bill was later defeated in the upper house.

Victoria

Main article: LGBT rights in Victoria (Australia)

Western Australia

Western Australia passed The Equal Opportunity Act 1984[72] which includes "sexual orientation/sexuality/gender identity", making it illegal to discriminate in clubs, pubs, other establishments, restaurants, housing, memberships to establishments, goods and services, education and training, etc.

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. Western Australia allows same-sex couples equal access to adoption procedures and in vitro fertilisation 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' fertilisation 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.

Adoption and laws relating to having children

Main article: LGBT adoption and parenting in Australia

Other areas of LGBT rights

See also: MSM blood donor controversy and Australian Red Cross Blood Service § Infectious diseases

The Australian Red Cross Blood Service bans blood donations from men who have had sex with men (MSM) in the previous twelve months. Several other countries also have MSM bans ranging from one year to lifetime or permanent deferral. The policy was challenged in 2005 with the Tasmanian Anti-Discrimination Tribunal.[73][74] Four years later in May 2009, the tribunal dismissed the complaint saying that it was "unsubstantiated".[75][76]

Advocacy groups

Political groups

In 2009, the Australian Labor Party removed the explicit definition of marriage being between a man and a woman from its national platform. As of their 2011 national conference, they officially changed their policy to support same-sex marriage. Despite the party's official platform, members are permitted a conscience vote if the matter comes before parliament.

The Liberal Party of Australia is a socially conservative party, although it has a minority socially liberal wing. In recent years, under John Howard, it has moved to a more conservative policy agenda.

The Australian Greens, a socially liberal minority party formed in 1992, has declared its support for equal marriage rights, equal adoption rights, equal access to IVF treatment and legal recognition of civil unions regardless of sexuality or gender identity in Australia.[77]

The National Party of Australia is a socially conservative party that opposes LGBT adoption, same-sex marriage, IVF, civil unions, and is opposed to most if not all legal rights for same-sex couples. In 1984, the National Party leader Ian Sinclair criticised the Labor party for accepting homosexuality as normal, which he claimed resulted in the spread of AIDS.[78]

The Family First Party, a minor political party, emphasises socially conservative family values. Family First opposes LGBT adoption, IVF treatment for lesbians, and opposes same-sex marriage and civil unions, stating their declaration of marriage as "a union of a man and a woman".[79]

The Christian Democratic Party, a minor conservative political party established in 1977, concentrates almost exclusively on moral issues such as abortion, homosexuality and pornography, and has recently made opposition to same-sex marriage a major part of its platform.

The Democratic Labor Party (DLP) is a minor, socially conservative political party in Australia that opposes same-sex rights and same-sex marriage.

Religious groups

Opposition

The Australian Christian Lobby, formed in 1995, and the Catholic Australian Family Association, formed in 1980, strongly oppose same-sex rights such as adoption and marriage.

Peter Jensen, Archbishop of the Evangelical Anglican Diocese of Sydney, has vigorously opposed homosexuality, stating that accepting homosexuality is "calling holy what God called sin."[80] Leaders of the Anglican Church of Australia have called for the removal of the proposed ACT Civil Union legislation, because they "believe this proposal actually threatens and compromises the traditional Christian view of marriage between a man and a woman."[81]

The Catholic Archbishop of Sydney Cardinal George Pell, the Catholic Church according to George Pell believes and teaches that sexual activity should be confined to married couples, a man and a woman, and opposes all extra-marital sexual activity. The Catholic Church will continue to oppose legitimizing any extra-marital sexual activity, including homosexual activity. It will also continue to oppose homosexual propaganda especially among young people he states.[82]

The Australian Federation of Islamic Councils, considered Australia's most important Islamic organisation, came out strongly against removing discrimination against same-sex partners in federal law. Chairman Ikebal Patel said such moves would threaten the "holy relationship" of marriage between a man and woman/a man and several women and the core values of supporting families.[83]

The Salt Shakers is a Christian Ethics Action Group based in Melbourne, Victoria. It includes people from a number of Christian denominations and provides resources to Christians and churches. They also operate in the public arena by consulting, lobbying and presenting a Christian perspective on issues affecting society. This includes sending press releases, giving interviews for current affairs and other programs, making submissions to government, monitoring TV standards. They believe homosexuality is a sin.[84]

The Christian organization Exclusive Brethren ran full page advertisements in various newspapers to criticizse Tasmanian Greens' pro-Gay policies such as same-sex marriage, LGBTgay adoption and fostering (something already partially recognized by Tasmanian law) in the lead up to the 2006 Tasmanian State Election.[85]

Gender Matters is a coalition of seventeen groups and organisations formed in October 2008, including the Australian Family Association, the National Alliance for Christian Leaders, Exodus, the Fatherhood Foundation and Salt Shakers, promoting traditional gender roles. Some of their demands include: That marriage be “forever preserved as the voluntary exclusive union of one man and one woman”; That adoption be restricted to heterosexual couples; That IVF and other reproductive technologies are reserved exclusively for heterosexuals; And a ban on same-sex civil unions and registers.[86]

Support

Since 2003, the Uniting Church in Australia has allowed sexually active gay and lesbian people to be ordained as ministers, with each individual presbyteries given discretion to decide the matter on a case-by-case basis.[87]

The Progressive Jewish community in Australia broadly supports LGBT rights, whereas the Orthodox branches are less accommodating, taking a staunchly conservative approach. On 5 June 2007 the Council of Progressive Rabbis of Australia, New Zealand, and Asia overturned their ban on same-gender commitment ceremonies.[88] Nearly 4 years later, on 19 May 2011 the Rabbinic Council of Progressive Rabbis of Australia, Asia and New Zealand announced their support for marriage equality under Australian law.[89] This news was broadly publicised via a media release issued by Australian Marriage Equality on 25 May 2011.[90]

2013 legal situation regarding the recognition of relationships in Australia

Same-sex marriage De facto relationships status Registered relationships status Anti-discrimination legislation Adoption and foster parenting Recognition of parents on birth certificate Access to fertility (such as ART, IVF, surrogacy, AI, etc.)
ACT No (proposed) Yes Yes Yes Yes Yes Yes
Commonwealth of Australia No Yes (family law) Yes (family law - but not the Marriage Act 1961 banned gay marriage since 2004) Yes (employment only) Yes (family law) Yes (family law) Yes (family law)
New South Wales No (proposed) Yes Yes Yes Yes Yes Yes
Norfolk Island No Yes No Yes Yes Yes Yes
Northern Territory No Yes No Yes No Yes Yes
Queensland No Yes Yes Yes No (under review) Yes Yes (under review)
South Australia No (proposed) Yes Yes (domestic partnership agreement) Yes No (under review) Yes No (banned if infertile, under review)
Tasmania No Yes Yes Yes Yes (stepchild adoption only, under review) Yes Yes
Victoria No Yes Yes Yes No (under review) Yes Yes
Western Australia No Yes No (promised) Yes Yes Yes Yes

See also

Wikimedia Commons has media related to LGBT in Australia.

Notes

  1. ^ a b Willett, Graham (2000). Living Out Loud: A History of Gay and Lesbian activism in Australia. Allen & Unwin. p. 237. ISBN 1 86448 949 9.
  2. ^ a b "Age Of Consent & Sodomy Law awareness in Queensland Australia – need for urgent action". Queer Radio. Retrieved 4 April 2008.
  3. ^ Marriage Amendment Act 2004, ComLaw
  4. ^ "Majority support same-sex marriage – poll". NEWS.com.au. 21 June 2007. Retrieved 6 December 2009.
  5. ^ Schubert, Misha (21 June 2007). "Public backs gay unions, equality". The Age. Melbourne. Retrieved 21 June 2007.
  6. ^ "Gay couples deserve 'equal treatment'". The Australian. Retrieved 1 May 2008.
  7. ^ "Previous poll results". The Age. Melbourne. 30 April 2008. Archived from the original on 23 August 2006. Retrieved 11 August 2008. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  8. ^ "Women think gay rights OK, migrants not". NEWS.com.au. 28 May 2008. Retrieved 29 May 2008.
  9. ^ "Queensland wants gay laws overhauled". The Australian Newspaper. 1 January 2009. Retrieved 6 December 2009. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help) [dead link]
  10. ^ Sharp, Ari (16 June 2009). "Rise in support for gay marriage". The Age. Melbourne. Retrieved 24 August 2009.
  11. ^ Carter, Paul (26 July 2009). "Tasmania ALP endorses same-sex marriage". The Age. Melbourne. Retrieved 24 August 2009.
  12. ^ "Government refuses to bend on gay marriage". The Age. Melbourne. 1 August 2009. Retrieved 24 August 2009.
  13. ^ "Push for same sex marriage conscience vote". The Sydney Morning Herald. 22 October 2010. Retrieved 23 October 2010.
  14. ^ Same Sex Marriage Study (PDF) (Report). Galaxy Research. Retrieved 23 October 2010.
  15. ^ Discrimination, Fair Work Ombudsman
  16. ^ "Human Rights (Sexual Conduct) Act 1994". Austlii. Retrieved 1 May 2008.
  17. ^ Red Book plan a step towards gay marriage, The Australian, 15 December 2010
  18. ^ "Interdependency Visa: Offshore Temporary and Permanent (Subclasses 310 and 110)". Department of Immigration and Citizenship. Retrieved 1 May 2008.
  19. ^ "Changes to Same-Sex Relationships from 1 July 2009". Immi.gov.au. Retrieved 20 January 2011.
  20. ^ Navy News Volume 48 No. 21, 17 November 2005, page 06
  21. ^ "Extension of ADF conditions of service to ADF members in recognised interdependent relationships (bulletin, 21 October 2005)". Navy People Online.
  22. ^ http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/9AB9DE6E319635E2CA257802000A1E42/$file/AusHumanRightsComm1986_WD02.pdf
  23. ^ "Getting Married". Attorney-General's Department. Retrieved 1 May 2008.
  24. ^ Ryan, Siobhain (17 December 2007). "No Labor plans to allow gay marriage". The Australian. Retrieved 1 May 2008.
  25. ^ "National register for gay couples, says Kevin Rudd". NEWS.com.au. 16 December 2007. Retrieved 1 May 2008.
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