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Same-sex marriage in Australia

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Same-sex marriage is not recognised under Australian federal law. Under the Australian Constitution, matrimonial law is reserved to the Commonwealth. Although the Marriage Act currently does not define marriage, the common law definition of marrige as "a union between a man and a woman" has been applied by Australian courts.

At a state level, New South Wales, Queensland and the Australian Capital Territory recognise same-sex de facto relationships. South Australia has legislation before its Parliament to enact same-sex de facto relationships. On January 1, 2004, Tasmanian laws came into place recognising same-sex civil unions, including the right to adopt children. Tasmania is, so far, the only Australian state to enact such laws.

On May 27, 2004, the Attorney-General, Philip Ruddock, introduced the Marriage Legislation Amendment Bill, which if passed would incorporate the common law definition of marriage into the Marriage Act and the Family Law Act. Although this would not alter the current status of same-sex relationships, it would preclude any possibility that the courts could overturn the common law definition and recognise the validity of a same-sex marriage legally contracted in another country.

The Labor shadow Attorney-General, Nicola Roxon, said on the same day that the Labor Opposition would not oppose the section of the legislation amending the Marriage Act. Support for same-sex marriage has never been Labor policy, although the party has a policy of removing all discrimination against gay men and lesbians and against same-sex couples. Labor fears that the government is introducing the legislation with the intention of using it as a wedge issue at the federal election expected within a few months.

The Australian Democrats and the Australian Greens can be expected to oppose the legislation in the Senate, but if Labor either votes with the government parties or abstains, the bill will pass. In June the government's bill passed the House of Representatives. The Senate has reffered it to a committee which will hold hearings on the bill before debating it.

Until recently most gay rights activists in Australia did not regard the legal recognition of same-sex marriage as a high priority as compared with other issues, such as abolishing discriminatory laws relating to superannuation, adoption and other matters. Under the influence of events in the United States and Canada, however, the issue has become more prominent, although some gay rights activists still take the traditional view that marriage is a heterosexual institution which gay men and lesbians should not participate it.

Labor's decision not to oppose the amendment of the Marriage Act thus drew sharp criticism from some sections of the gay and lesbian rights movement, many of whose activists are members or supporters of the Australian Greens or the Australian Democrats. Other activists argued that the same-sex marriage issue was a diversion from more substantial issues.

On Friday 13, 2004, the Coalition government and the Australian Labor Party both supported the legislation in the Senate, passing the amendment 39 for to 7 against . The amendment is to include 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 solemnized in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognized as a marriage in Australia.[1]


See also