Same-sex relationships in Australia

Same-sex relationships in Australia

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) [ [http://scaleplus.law.gov.au/html/pasteact/1/641/0/PA000700.htm COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51 Legislative powers of the Parliament [ see Notes 10 and 11] ] 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. [http://www.movingforward.org.au/index.html]

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 [ [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=oldbills&Criteria=BILL_ID:r2123;SEQ_NUM:0; Marriage Amendment Bill 2004] ] , intending to incorporate the common law definition of marriage into the Marriage Act 1961 and the Family Law Act. [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDR&Criteria=DOC_DATE:2004-05-27;SEQ_NUM:42;] 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." [http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=1541&TABLE=OLDBILLS

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. [http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=1014809&TABLE=HANSARDS]

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". [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:324;] [cite web |url= http://www.abc.net.au/news/newsitems/200408/s1176303.htm |title= Coalition, Labor pass same-sex marriage ban |date=2004-08-13 |publisher= ABC News Online] 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." [cite web |title= Marriage Legislation Amendment Bill 2004: Second Reading |author= Albanese, Anthony |date= 2004-06-16 |publisher= Anthony Albanese MP |url= http://www.anthonyalbanese.com.au/news/407/index.html |accessdate= 2008-05-26]

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"." [ [http://www.smh.com.au/news/opinion/the-discrimination-that-makes-a-lie-of-equality/2007/03/20/1174153063800.html?page=2 The discrimination that makes a lie of equality] ] 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." [ [http://www.abc.net.au/am/content/2007/s2001400.htm AM - Howard, Rudd make pitch to Christian voters] ] Rudd repeated his opposition to same-sex marriage in an interview with radio host Kyle Sandilands on 23 October 2007, [http://www.abc.net.au/news/video/2007/10/23/2067936.htm?site=elections/federal/2007 ABC video of interview] 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. [cite web |title=Same sex unions |year= 2006 |publisher= Australian Democrats
url=http://www.democrats.org.au/campaigns/same_sex_unions/ |accessdate=2008-06-02
]

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." [cite web |title= South Australian MP fights for more gay rights (15 October 2004) |publisher= Pink Guide |url= http://www.pinkguide.com/node/1648 |accessdate= 2008-05-01] [cite web |title= South Australia to consider same-sex civil unions (19 October 2004) |publisher= Fridae.com |url= http://www.fridae.com/newsfeatures/article.php?articleid=1332&viewarticle=1&searchtype=all |accessdate= 2008-05-01]

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. [ [http://www.365gay.com/Newscon06/03/031906ozUnions.htm Gay News From 365Gay.com ] ]

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. [ [http://www.ag.gov.au/www/agd/agd.nsf/Page/MarriageGetting_Married#section8 Australian Attorney-General's website] .]

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. [ [http://www.news.com.au/story/0,23599,22932717-2,00.html National register for gay couples, says Kevin Rudd] ]

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. [cite web |title= Feds find 100 laws to fix |publisher= bnews - Melbourne Star |url= http://www.bnews.net.au/content/view/1251/2/ |accessdate= 2008-02-29]

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'. [ [http://www.hreoc.gov.au/human_rights/samesex/report/pdf/SSSE_Report.pdf HREOC Same-sex same entitlements Report] ] [ [http://www.humanrights.gov.au/human_rights/samesex/index.html Human Rights and Equal Opportunity (HREOC Australia) report, Same-sex Entitlements Discussion Paper II (2006)] ]
* [http://www.hreoc.gov.au/human_rights/samesex/ HREOC: Same sex, same entitlements]

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" [Human Rights and Equal Opportunity Commission: [http://www.humanrights.gov.au/human_rights/samesex/report/summary.html Same-Sex: Same Entitlements Report] , June 21, 2007] Fact|date=June 2007.

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.fact|date=June 2008

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.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]

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. [ [http://www.news.com.au/story/0,23599,21942737-5007133,00.html?from=public_rss Majority support same-sex marriage - poll | NEWS.com.au ] ]

* 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. [ [http://www.theage.com.au/news/national/public-backs-gay-unions-equality/2007/06/20/1182019204491.html Public backs gay unions, equality - National - theage.com.au ] ]

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). [ [http://www.theaustralian.news.com.au/story/0,25197,22856750-601,00.html Gay couples deserve 'equal treatment' | The Australian ] ] [ [http://www.samesame.com.au/features/1682/Ruddy-Good-News-What-The-Election-Results-Mean-For-Us.htm Ruddy Good News - What The Election Results Mean For Us on SameSame.com.au ] ] [ [http://www.theaustralian.news.com.au/story/0,25197,22856962-601,00.html Nelson backs gay reforms | The Australian ] ] [ [http://www.news.com.au/story/0,23599,22570725-2,00.html# Turnbull gets in ring for gay rights fight | NEWS.com.au ] ]

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. [http://www.bnews.net.au/content/view/1251/2/ Feds find 100 laws to fix] By April 2008, McClelland announced that legislation to remove these inequalities would be introduced when Parliament resumes in May for the winter sittings.

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:
legend|#FF0000|State same-sex marriage ban

Australian Capital Territory

Since 1994 the ACT has had the Domestic Relationships Act 1994 [ [http://www.austlii.edu.au/au/legis/act/consol_act/dra1994253/ DOMESTIC RELATIONSHIPS ACT 1994 ] ] 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. [ [http://www.abc.net.au/news/newsitems/200610/s1769820.htm ACT revising same sex relationships law. 20/10/2006. ABC News Online ] ] [ [http://www.news.com.au/story/0,10117,20916301-1702,00.html?from=public_rss Equal rights closer for ACT gay couples | NEWS.com.au ] ] [ [http://www.365gay.com/Newscon06/12/121206ozAct.htm Gay News From 365Gay.com ] ] [http://www.acl.org.au/pdfs/load_pdf_public.pdf?pdf_id=717&from=] . In February 2007 civil partnerships were blocked again [ [http://www.news.com.au/story/0,10117,21187860-421,00.html?from=public_rss Gay marriage plan a risk to minors, A-G says | NEWS.com.au] [ [http://www.news.com.au/story/0,10117,21185963-29277,00.html?from=public_rss Minors could 'wed' under gay marriage plan | NEWS.com.au ] ] [ [http://www.news.com.au/story/0,10117,21184064-421,00.html?from=public_rss Same-sex union Bill blocked again | NEWS.com.au ] ] [ [http://www.abc.net.au/news/newsitems/200606/s1661737.htm G-G to disallow civil unions laws. 13/06/2006. ABC News Online ] ] 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. [ [http://www.theage.com.au/articles/2007/12/06/1196812922344.html Rudd refuses to overrule ACT on gay partnership bill - National - theage.com.au ] ] 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.cite news |first=Paul |last=Maley |title=Gay unions are OK ... just don't do it in public |url=http://www.theaustralian.news.com.au/story/0,25197,23172362-12339,00.html |publisher="The Australian" |date=2008-02-07 |accessdate=2008-02-07 ] He was criticised by Greens Senator Bob Brown, who said it was the ugly face of Labor conservatism.cite news |title=ACT civil partnerships issue will cause government rift: Brown |url=http://www.abc.net.au/news/stories/2008/02/07/2157100.htm |publisher=Australian Broadcasting Corporation |date=2008-02-07 |accessdate=2008-02-07 ]

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. [cite web |title= ACT made to axe gay unions |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,23644429-2702,00.html |accessdate= 2008-05-05] [cite web |title= Federal veto forces ACT backdown on gay unions |publisher= The Age |url= http://www.theage.com.au/news/national/federal-veto-forces-act-backdown-on-gay-unions/2008/05/04/1209839456815.html |accessdate= 2008-05-05]
* [http://www.rgo.act.gov.au/bdmcp.shtml ACT Registrar-General's Office - Births, Death, Marriages & Civil Partnerships]

New South Wales

In 1977, the Anti-Discrimination Act 1977 [ [http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/ Anti-Discrimination Act 1977] ] 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.cite web |title= Homosexual Discrimination |publisher= Anti-Discrimination Board of New South Wales |url= http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/vwFiles/homosexual%200306.pdf/$file/homosexual%200306.pdf |accessdate= 2007-09-03|format=PDF] 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. cite web |title= Relationships Declaration Program |publisher= City of Sydney |url= http://www.cityofsydney.nsw.gov.au/Community/ServicesAndPrograms/RelationshipsDeclarationProgram.asp |accessdate= 2007-09-03] [cite web |title= Legal Recognition for Gay Couples |publisher= Victorian Gay and Lesbian Rights Lobby and Law Institute of Victoria 2002 |url= http://www.over-the-rainbow.org/main/topic1_3.htm |accessdate= 2007-09-03] [cite web |title= Same Sex Relationships |publisher= Victorian Equal Opportunity and Human Rights Commission |url= http://www.equalopportunitycommission.vic.gov.au/publications/rights%20brochures/same%20sex%20relationships.asp |accessdate= 2007-09-03] [cite web |title= Australian City To Launch Gay Partner Registry |publisher= Gay News from 365Gay.com |url= http://www.365gay.com/Newscon06/11/111706ozPartner.htm |accessdate= 2007-09-03] [cite web |title= Hooray for Melbourne and gay sex! |publisher= ISFAT.com |url= http://www.isfat.com/forum/index.php?showtopic=1220 |accessdate= 2007-09-03] [cite web |title= Melbourne City Council - ‘Relationships Declaration Register’ |publisher= Salt Shakers |url= http://www.saltshakers.org.au/html/P/9/B/369/ |accessdate= 2007-09-03]

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. [cite web |title= Relationships and the law |publisher= Law Reform Commission New South Wales |url= http://www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_cref101 |accessdate= 2008-05-01] 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. [cite web |title= Relationship rights in limbo |publisher= SSOnet |url= http://www.ssonet.com.au/display.asp?ArticleID=8122 |accessdate= 2008-05-01]

* Law Reform Commission Report: [http://www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_r113toc Report 113 (2006) - Relationships]

On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008cite web |title= Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 |publisher= Parliament of New South Wales |url= http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/6190E964D5CF2F57CA257441001D330C |accessdate= 2008-06-11] 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.cite web |title= New Laws for Same Sex Families |publisher= SameSame.com.au |date= 2008-04-23 |author= Taylor, Christian |url= http://www.samesame.com.au/news/local/2328/New-Laws-For-Same-Sex-Families.htm |accessdate= 2008-05-01] [cite web |title= Parenting reforms welcomed |publisher= SX News |date=2008-06-11 |url= http://sxnews.e-p.net.au/news/parenting-reforms-welcomed-3203.html |accessdate= 2008-06-11]
* [http://www.cityofsydney.nsw.gov.au/Community/ServicesAndPrograms/RelationshipsDeclarationProgram.asp Sydney Relationships Declaration Program]

Norfolk Island

In 2005 Norfolk Island created the De Facto Relationships Act 2005, providing for domestic partnerships beginning in 2006. [ [http://www.norfolk.gov.nf/ Norfolk Island Homepage (see De Facto Relationships Act 2005) ] ] 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.

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. [http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/74f7147cc40f37fc69256e5b007fd8f2 LAW REFORM (GENDER, SEXUALITY AND DE FACTO RELATIONSHIPS) ACT 2003] ]

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. [ [http://www.legislation.qld.gov.au/Bills/49PDF/1999/IndustrialRelationsB99.pdf INDUSTRIAL RELATIONS BILL 1999-Government ] ]

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 [http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2002/02AC074.pdf] .

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) [ [http://www.legislation.sa.gov.au/LZ/C/A/STATUTES%20AMENDMENT%20(DOMESTIC%20PARTNERS)%20ACT%202006.aspx South Australian Legislation] ] and the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13). [ [http://www.austlii.edu.au/au/legis/sa/num_act/sasefssca200313o2003832/ STATUTES AMENDMENT (EQUAL SUPERANNUATION ENTITLEMENTS FOR SAME SEX COUPLES) ACT 2003 (NO 13 OF 2003)] ] [http://www.austlii.edu.au/au/legis/sa/num_act/sapa200643o2006447/ STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006)] ] [ [http://www.lsc.sa.gov.au/ Legal Services Commission of South Australia ] ] [ [http://www.pinknews.co.uk/news/articles/2005-3200.html South Australia gays get new rights - from Pink News - all the latest gay news from the gay community - Pink News] [http://www.365gay.com/Newscon06/12/120706ozrts.htm Gay News From 365Gay.com] [ [http://www.gaywired.com/article.cfm?section=66&id=11930 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]
* [http://www.justice.sa.gov.au/news_detail.asp?id=109 South Australia Domestic Partners Legislation]

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. [ [http://www.justice.tas.gov.au/bdm/relationships Births Deaths and Marriages : Relationships ] ] [ [http://www.buddybuddy.com/d-p-taz.html Partners Task Force - Tasmania: Relationships Act ] ]

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. [cite web |title= Gay marriage bill for Tasmania |publisher= ABC News |date= 2008-06-20 |url= http://www.abc.net.au/news/stories/2008/06/20/2280930.htm |accessdate= 2008-06-20]

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 [http://www.over-the-rainbow.org/main/topic1_3.htm] [http://www.equalopportunitycommission.vic.gov.au/publications/rights%20brochures/same%20sex%20relationships.asp Same sex relationships] ] [ [http://www.365gay.com/Newscon06/11/111706ozPartner.htm Gay News From 365Gay.com ] ] [ [http://www.theage.com.au/news/in-depth/same-sex-and-the-city/2007/02/19/1171733679309.html Same sex and the city - In Depth - theage.com.au ] ] [ [http://www.isfat.com/forum/index.php?showtopic=1220 Hooray for Melbourne and gay sex! - ISFAT ] ] [ [http://www.saltshakers.org.au/html/P/9/B/369/ 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] .

In April 2007, the City of Melbourne established a Relationships Declaration Program (like Sydney's from 2005). [http://www.melbourne.vic.gov.au/info.cfm?top=208&pg=3483] [ [http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=765 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] .

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 [ [http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/A7C96DDA582FCCDDCA2573A7007A3B1D/$FILE/561144bi1.pdf Relationships Bill 2007 ] ] . 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.
* [http://www.melbourne.vic.gov.au/info.cfm?top=208&pg=3483 Melbourne Relationship Declaration Register]
* [http://www.yarracity.vic.gov.au/council/governance/relationship%20declaration%20register.asp Yarra City Council Relationship Declaration Register]

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 [http://www.slp.wa.gov.au/statutes/yrbyyr.nsf/2c010fb704a430a348256865002a4868/d4566b1f7c39391748256ba0002b8a0e?OpenDocument Acts Amendment (Lesbian and Gay Law Reform) Act 2002] ] .

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. [http://www.stonewall.org.uk/information_bank/partnership/international/137.asp#21 Countries that recognize or proposed to recognize same-sex relationships]

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. [ [http://pinknews.co.uk/news/articles/2005-5661.html Australian trans passport victory- from Pink News- all the latest gay news from the gay community - Pink News ] ]

Summary of rights

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

External links

* [http://www.theaustralian.news.com.au/story/0,25197,22872280-17044,00.html Kirby's call answered on judges' same-sex pension] The Australian (5 Dec 2007)
* [http://www.news.com.au/mercury/story/0,22884,22859957-3462,00.html Gays welcome new support] NEWS.com.au (3 Dec 2007)
* [http://unilife.curtin.edu.au/sexualdiversity/documents/MappingHomophobiainAustralia.pdf Study on homophobia in Australia PDF] Australia Institute (July 2005)

News articles

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* cite news | title=Liberal party lashed as bigoted and anti-gay | date=20 November 2005 | publisher=The Age Newspaper
url=http://www.theage.com.au/news/national/liberals-lashed-as-bigoted-and-antigay/2005/11/19/1132017026226.html

* cite news | title=John Howard's love and disappointment | date=21 July 2004
publisher=The Sydney Morning Herald | url=http://www.smh.com.au/articles/2004/07/21/1090089221879.html

* cite news | title=Tas Parliament scuttles gay marriage move | date=1 December 2005| publisher=Australian Broadcasting Corporation | url=http://www.abc.net.au/news/stories/2005/12/01/1520586.htm
* cite news | title=Gay couples get ACT recognition | date=2 December 2005| publisher=Australian Broadcasting Corporation | url=http://www.abc.net.au/news/stories/2005/12/02/1521640.htm
*
* cite news | title=Ruddock threatens ACT same-sex union laws | date=30 March 2006
publisher=Australian Broadcasting Corporation | url=http://www.abc.net.au/news/stories/2006/03/30/1604208.htm

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*
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* cite news | title=Civil unions a step too far: Howard | date=8 June 2006| publisher=Australian Broadcasting Corporation | url=http://www.abc.net.au/news/stories/2006/06/08/1658683.htm
* cite news | title=Gay groups lobby senators over ACT civil union law | date=10 June 2006| publisher=Australian Broadcasting Corporation | url=http://www.abc.net.au/news/stories/2006/06/10/1659967.htm
* cite news | title=Why, oh why can't I have a civil union? | date=10 June 2006| publisher=The Age| url=http://www.theage.com.au/news/in-depth/why-oh-why-cant-i-have-a-civil-union/2006/06/09/1149815316575.html
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* cite news | title=Senators fail to reinstate civil union laws | date=15 June 2006| publisher=Australian Broadcasting Corporation | url=http://www.abc.net.au/news/stories/2006/06/15/1663798.htm
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* cite news | title=Equal rights closer for ACT gay couples | date=12 December 2006
publisher=The Australian | url=http://www.theaustralian.news.com.au/story/0,20867,20916301-1702,00.html

* cite news | title=Same-sex union Bill blocked again | date=6 February 2007
publisher=AAP | url=http://www.news.com.au/story/0,10117,21183891-1702,00.html?from=public_rss

* cite news | title=Ruddock blocks gay union plan | date=7 February 2007
publisher= The Age | url=http://www.theage.com.au/news/national/ruddock-blocks-gay-union-plan/2007/02/06/1170524094682.html

* cite news | title=Ceremony not for gays, says Ruddock | date=8 February 2007
publisher= The Age | url=http://www.theage.com.au/news/national/ceremony-not-for-gays-says-ruddock/2007/02/07/1170524164173.html

* cite news | title=Gay Equality Too Costly: RUDDOCK | date=5 March 2007
publisher=Sydney Star Observor| url=http://www.ssonet.com.au/display.asp?ArticleID=6485

* cite news | title=Relationship Register Refused | date=16 August 2007
publisher=Sydney Star Observor| url=http://www.ssonet.com.au/display.asp?ArticleID=6877

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* cite news | title=Lib MPs back call for gay law reform | date=21 September 2007
publisher=The Australian
url=http://www.theaustralian.news.com.au/story/0,25197,22455085-11949,00.html

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* cite news | title=ACT to push again for gay civil unions | date=27 November 2007
publisher=The Australian
url=http://www.theaustralian.news.com.au/story/0,25197,22829046-2702,00.html

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* cite news | title=ALP call to unite on gay reforms| date=6 Decemberundefined2007| publisher=The Australian | url=http://www.theaustralian.news.com.au/story/0,25197,22877869-2702,00.html
* cite news | title=Rudd 'won't interfere' in ACT civil unions bill| date=6 December 2007| publisher=Australian Broadcasting Corporation
url=http://www.abc.net.au/news/stories/2007/12/06/2111980.htm?section=justin

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* cite news | title=Lobby group concerned over watered-down gay partnerships | date=8 December 2007| publisher=Australian Broadcasting Corporation
url=http://www.abc.net.au/news/stories/2007/12/08/2113382.htm

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* cite news | title=Relationships register productive: Rudd | date=16 December 2007
publisher=The Sydney Morning Herald
url=http://news.smh.com.au/relationships-register-productive-rudd/20071216-1hf7.html

* cite news | title=Civil unions for gays | date=16 December 2007
publisher=The Daily Telegraph
url=http://www.news.com.au/dailytelegraph/story/0,22049,22930505-5001021,00.html

* cite news | title=PM denies 'secret plan' to allow gay unions | date=16 December 2007| publisher=Australian Broadcasting Corporation
url=http://www.abc.net.au/news/stories/2007/12/16/2120051.htm

* cite news | title=Registry wins gay support | date=17 December 2007
publisher=The Mercury
url=http://www.news.com.au/mercury/story/0,22884,22935535-3462,00.html

* cite news | title=No Labor plans to allow gay marriage | date=17 December 2007
publisher=The Australian
url=http://www.theaustralian.news.com.au/story/0,25197,22934559-5013871,00.html

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* cite news | title=Recognition Of Same-Sex Couples Advances In Australia | date=2 January 2008 | publisher=365gay.com News
url=http://www.365gay.com/Newscon08/01/010208oz.htm

* cite news | title=Lesbian senator committed to fight for gay equality | date=3 January 2008 | publisher=Pinknews.co.uk
url=http://www.pinknews.co.uk/news/articles/2005-6451.html

* cite news | title=Anglican archbishop spurs opposition to gays | date=4 January 2008
publisher=The Age | url=http://www.theage.com.au/news/national/anglican-archbishop-spurs-opposition-to-gays/2008/01/03/1198949988088.html

*
* cite news | title=New Push For Civil Unions Bill | date=24 January 2008
publisher=Sydney Star Observer| url=http://www.ssonet.com.au/display.asp?ArticleID=7673

* cite news | title=Canberra Rally For Civil Unions| date=31 January 2008
publisher=Sydney Star Observer| url=http://www.ssonet.com.au/display.asp?ArticleID=7708

* cite news | title=ACT wants resolution to gay stand-off| date=2 February 2008
publisher=AAP| url=http://news.ninemsn.com.au/article.aspx?id=305235

* cite news | title=ACT Takes A Stand For Ceremonies| date=7 February 2008
publisher=Sydney Star Observer| url=http://www.ssonet.com.au/display.asp?ArticleID=7750

* cite news | title=Public gay unions 'unacceptable'| date=7 February 2008
publisher=The Australian | url=http://www.theaustralian.news.com.au/story/0,25197,23173366-26103,00.html

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* cite news | title=Govt slammed over gay unions| date=10 February 2008
publisher=The Canberra Times | url=http://canberra.yourguide.com.au/news/local/general/govt-slammed-over-gay-unions/1179436.html

* cite news | title=ACT’s Civil Partnerships Bill in jeopardy | date=13 February 2008
publisher=SX News| url=http://sxnews.e-p.net.au/news/act-s-civil-partnerships-bill-in-jeopardy-2384.html

* cite news | title=100 laws ignore same-sex couples | date=1 March 2008
publisher=The Australian | url=http://www.theaustralian.news.com.au/story/0,25197,23300057-5013871,00.html

*

Other

* [http://www.chiefminister.act.gov.au/media.asp?media=927&id=927&section=24&title=Jon%20Stanhope,%20ML ACT civil union fact sheet]
* [http://www.chiefminister.act.gov.au/media.asp?media=927&id=927&section=24&title=Jon%20Stanhope,%20ML ACT government press release]
* [http://www.actwin.com/eatonohio/gay/australia.html Australia National Laws]
* [http://www.lawlink.nsw.gov.au/samesex Understanding Your Legal Rights - Same Sex : Lawlink NSW Legal Rights for Lesbians and Gay Men ... A Brief Introduction]
* [http://www.law.unimelb.edu.au/icil/topics/a-archive/7-6-4-01.html Recognition of same-sex relationships - an international and comparative perspective.]
* [http://www.rightsaustralia.org.au/articles83.html World conference on LGBT rights]

On the Marriage Amendment Bill

;Senate Hansard speeches
* [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:320; Andrew Bartlett (Democrats)]
* [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:322; Michael Forshaw (ALP)]
* [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:315; Kerry Nettle (The Greens)]
* [http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=2026109&TABLE=HANSARDS Santo Santoro (Liberals) -- by leave]

;Divisions
* [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:328; Second Reading]
* [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:358; In committee] (on amendments proposed by Greens and Democrat senators)
* [http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:360; Third reading]


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