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Same-sex marriage in Australia

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Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
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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

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