Same-sex marriage in Australia: Difference between revisions

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== The Marriage Amendment Bill ==
== 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''<ref>[http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=oldbills&Criteria=BILL_ID:r2123;SEQ_NUM:0; Marriage Amendment Bill 2004]</ref>, intending to incorporate the common law definition of marriage into the ''[[Marriage Act 1961]]'' and the ''Family Law Act''.<ref>http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDR&Criteria=DOC_DATE:2004-05-27;SEQ_NUM:42;</ref> In June 2004, the bill passed the [[Australian House of Representatives|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''.
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<ref>[http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=oldbills&Criteria=BILL_ID:r2123;SEQ_NUM:0; Marriage Amendment Bill 2004]</ref>, intending to incorporate the common law definition of marriage into the [[Marriage Act 1961]] and the Family Law Act.<ref>http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDR&Criteria=DOC_DATE:2004-05-27;SEQ_NUM:42;</ref> In June 2004, the bill passed the [[Australian House of Representatives|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 ===
=== Specifications of the bill ===
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=== Changes to the Marriage Amendment Act ===
=== 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]], [[Australian Labor Party|Labor]] [[Member of Parliament|MP]] [[Tanya Plibersek]], herself married, told ''[[The Sydney Morning Herald]]'', ''"Labor does not support changing the Marriage Act to allow same-sex marriage".''<ref>[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]</ref>
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]], [[Australian Labor Party|Labor]] [[Member of Parliament|MP]] [[Tanya Plibersek]], herself married, told ''[[The Sydney Morning Herald]]'', ''"Labor does not support changing the Marriage Act to allow same-sex marriage".''<ref>[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]</ref>
On [[10 August]] [[2007]] [[Kevin Rudd]], who has since become [[Prime Minister of Australia|Prime Minister]], as reported by the [[AM (ABC Radio)|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."<ref>[http://www.abc.net.au/am/content/2007/s2001400.htm AM - Howard, Rudd make pitch to Christian voters]</ref> Rudd repeated his opposition to same-sex marriage in an interview with radio host [[Kyle Sandilands]] on [[23 October]] [[2007]],<ref>http://www.abc.net.au/news/video/2007/10/23/2067936.htm?site=elections/federal/2007 ABC video of interview</ref> but is fully supportive of a national registry for both opposite-sex and same-sex partnerships.
On [[10 August]] [[2007]] [[Kevin Rudd]], who has since become [[Prime Minister of Australia|Prime Minister]], as reported by the [[AM (ABC Radio)|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."<ref>[http://www.abc.net.au/am/content/2007/s2001400.htm AM - Howard, Rudd make pitch to Christian voters]</ref> Rudd repeated his opposition to same-sex marriage in an interview with radio host [[Kyle Sandilands]] on [[23 October]] [[2007]],<ref>http://www.abc.net.au/news/video/2007/10/23/2067936.htm?site=elections/federal/2007 ABC video of interview</ref> but is fully supportive of a national registry for both opposite-sex and same-sex partnerships.


== Same-sex marriage proposal ==
== 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.<ref>{{cite web |title=Same sex unions |date= 2006 |publisher= Australian Democrats |
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.<ref>{{cite web |title=Same sex unions |date= 2006 |publisher= Australian Democrats |
url=http://www.democrats.org.au/campaigns/same_sex_unions/ |accessdate=2008-06-02}}</ref>
url=http://www.democrats.org.au/campaigns/same_sex_unions/ |accessdate=2008-06-02}}</ref>


== Civil union proposals ==
== Civil union proposals ==
[[South Australia]] became the first state to consider allowing [[civil union]]s 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."<ref>{{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}}</ref><ref>{{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}}</ref>
[[South Australia]] became the first state to consider allowing [[civil union]]s 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."<ref>{{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}}</ref><ref>{{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}}</ref>


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.
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 [[Australian Capital Territory|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 [[2006]] the government of the [[Australian Capital Territory|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 [[Victoria (Australia)|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.<ref>[http://www.365gay.com/Newscon06/03/031906ozUnions.htm Gay News From 365Gay.com<!-- Bot generated title -->]</ref>
In March 2006, independent [[Victoria (Australia)|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.<ref>[http://www.365gay.com/Newscon06/03/031906ozUnions.htm Gay News From 365Gay.com<!-- Bot generated title -->]</ref>
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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 [[Australian Federal Police|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.
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 [[Australian Federal Police|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 [[Act of Parliament|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#Aiding the unemployed|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}}
Other [[Act of Parliament|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#Aiding the unemployed|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 (Australian politician)|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]].<ref name="ref1">http://www.smh.com.au/news/national/matching-rights-for-gay-couples/2008/04/29/1209234862823.html Matching Rights for Gay Couples</ref><ref>http://www.news.com.au/heraldsun/story/0,21985,23621341-5005961,00.html Gay group welcomes equal rights move</ref>
On [[30 April]] [[2008]], federal Attorney-General, [[Robert McClelland (Australian politician)|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]].<ref name="ref1">http://www.smh.com.au/news/national/matching-rights-for-gay-couples/2008/04/29/1209234862823.html Matching Rights for Gay Couples</ref><ref>http://www.news.com.au/heraldsun/story/0,21985,23621341-5005961,00.html Gay group welcomes equal rights move</ref>
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|[[Tasmania]]
|[[Tasmania]]
| [[Image:Yes check.svg|10px|Yes]] Registered Partnership (Registry)
| [[Image:Yes check.svg|10px|Yes]] Registered Partnership (Registry)
| The ''[http://www.parliament.tas.gov.au/bills/43_of_2008.htm Same-Sex Marriage Bill 2008]'' was introduced into State Parliament on 1 July 2008.
| The [http://www.parliament.tas.gov.au/bills/43_of_2008.htm Same-Sex Marriage Bill 2008] was introduced into State Parliament on 1 July 2008.
|-
|-
|[[Victoria (Australia)|Victoria]]
|[[Victoria (Australia)|Victoria]]
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=== Australian Capital Territory ===
=== Australian Capital Territory ===
{{see|Civil Unions Act 2006}}
{{see|Civil Unions Act 2006}}
Since [[1994]] the [[Australian Capital Territory|ACT]] has had the ''Domestic Relationships Act 1994''<ref>[http://www.austlii.edu.au/au/legis/act/consol_act/dra1994253/ DOMESTIC RELATIONSHIPS ACT 1994<!-- Bot generated title -->]</ref> 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 [[LGBT adoption|same-sex adoption]].
Since [[1994]] the [[Australian Capital Territory|ACT]] has had the Domestic Relationships Act 1994<ref>[http://www.austlii.edu.au/au/legis/act/consol_act/dra1994253/ DOMESTIC RELATIONSHIPS ACT 1994<!-- Bot generated title -->]</ref> 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 [[LGBT adoption|same-sex adoption]].


The ACT Government announced plans for [[civil union]]s 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]].
The ACT Government announced plans for [[civil union]]s 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 [[Civil partnerships in the United Kingdom|United Kingdom civil partnership]] laws.<ref>[http://www.abc.net.au/news/newsitems/200610/s1769820.htm ACT revising same sex relationships law. 20/10/2006. ABC News Online<!-- Bot generated title -->]</ref><ref>[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<!-- Bot generated title -->]</ref><ref>[http://www.365gay.com/Newscon06/12/121206ozAct.htm Gay News From 365Gay.com<!-- Bot generated title -->]</ref><ref>http://www.acl.org.au/pdfs/load_pdf_public.pdf?pdf_id=717&from=</ref>. In February [[2007]] [[civil partnerships]] were blocked again<ref>[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]</reF><ref>[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<!-- Bot generated title -->]</ref><ref>[http://www.news.com.au/story/0,10117,21184064-421,00.html?from=public_rss Same-sex union Bill blocked again | NEWS.com.au<!-- Bot generated title -->]</ref><ref>[http://www.abc.net.au/news/newsitems/200606/s1661737.htm G-G to disallow civil unions laws. 13/06/2006. ABC News Online<!-- Bot generated title -->]</ref> 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 2006, the ACT government proceeded with new legislation recognizing same-sex unions based on the [[Civil partnerships in the United Kingdom|United Kingdom civil partnership]] laws.<ref>[http://www.abc.net.au/news/newsitems/200610/s1769820.htm ACT revising same sex relationships law. 20/10/2006. ABC News Online<!-- Bot generated title -->]</ref><ref>[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<!-- Bot generated title -->]</ref><ref>[http://www.365gay.com/Newscon06/12/121206ozAct.htm Gay News From 365Gay.com<!-- Bot generated title -->]</ref><ref>http://www.acl.org.au/pdfs/load_pdf_public.pdf?pdf_id=717&from=</ref>. In February [[2007]] [[civil partnerships]] were blocked again<ref>[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]</reF><ref>[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<!-- Bot generated title -->]</ref><ref>[http://www.news.com.au/story/0,10117,21184064-421,00.html?from=public_rss Same-sex union Bill blocked again | NEWS.com.au<!-- Bot generated title -->]</ref><ref>[http://www.abc.net.au/news/newsitems/200606/s1661737.htm G-G to disallow civil unions laws. 13/06/2006. ABC News Online<!-- Bot generated title -->]</ref> 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]].
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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.<ref>[http://www.theage.com.au/articles/2007/12/06/1196812922344.html Rudd refuses to overrule ACT on gay partnership bill - National - theage.com.au<!-- Bot generated title -->]</ref> However on 17 February [[2008]] Attorney General [[Robert McClelland (Australian politician)|Robert McClelland]] said it was unacceptable that the ACT proposal would allow public ceremonies for same-sex couples to celebrate their unions.<ref name="Aus_Maley">{{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 }}</ref> He was criticised by [[Australian Greens|Greens]] Senator [[Bob Brown]], who said it was the ugly face of [[Australian Labor Party|Labor]] conservatism.<ref name="ABC_rift">{{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 }}</ref>
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.<ref>[http://www.theage.com.au/articles/2007/12/06/1196812922344.html Rudd refuses to overrule ACT on gay partnership bill - National - theage.com.au<!-- Bot generated title -->]</ref> However on 17 February [[2008]] Attorney General [[Robert McClelland (Australian politician)|Robert McClelland]] said it was unacceptable that the ACT proposal would allow public ceremonies for same-sex couples to celebrate their unions.<ref name="Aus_Maley">{{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 }}</ref> He was criticised by [[Australian Greens|Greens]] Senator [[Bob Brown]], who said it was the ugly face of [[Australian Labor Party|Labor]] conservatism.<ref name="ABC_rift">{{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 }}</ref>


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 (Australia)|Victoria]].<ref>{{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}}</ref><ref>{{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}}</ref>
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 (Australia)|Victoria]].<ref>{{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}}</ref><ref>{{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}}</ref>


* [http://www.rgo.act.gov.au/bdmcp.shtml ACT Registrar-General's Office - Births, Death, Marriages & Civil Partnerships]
* [http://www.rgo.act.gov.au/bdmcp.shtml ACT Registrar-General's Office - Births, Death, Marriages & Civil Partnerships]


=== New South Wales ===
=== New South Wales ===
In [[1977]], the ''[[Anti-Discrimination Act 1977]]''<ref>[http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/ Anti-Discrimination Act 1977]</ref> 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]].<ref name= "ad1">{{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/$file/homosexual%200306.pdf |accessdate= 2007-09-03}}</ref> Its also Illegal to discriminate against a persons HIV/AIDS status.
In [[1977]], the [[Anti-Discrimination Act 1977]]<ref>[http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/ Anti-Discrimination Act 1977]</ref> which prohibits discrimination in places of work, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs was passed in [[New South Wales]].<ref name= "ad1">{{cite web |title= Homosexual Discrimination |publisher= Anti-Discrimination Board of New South Wales |url= http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/vwFiles/homosexual%200306.pdf/$file/homosexual%200306.pdf |accessdate= 2007-09-03}}</ref> 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 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 [[City of Sydney Relationships Declaration|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. <ref name= "declaration">{{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}}</ref><ref>{{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}}</ref><ref>{{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}}</ref>
The city of [[Sydney]] (since [[2005]]) provides a [[City of Sydney Relationships Declaration|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. <ref name= "declaration">{{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}}</ref><ref>{{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}}</ref><ref>{{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}}</ref>
<ref>{{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}}</ref>
<ref>{{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}}</ref>
<ref>{{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}}</ref>
<ref>{{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}}</ref>
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* Law Reform Commission Report: [http://www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_r113toc Report 113 (2006) - Relationships]
* 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 2008''<ref name="MAASSR">{{cite 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}}</ref> 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.<ref name="nswtaylor">{{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}}</ref><ref>{{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}}</ref>
On [[4 June]] [[2008]], the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008<ref name="MAASSR">{{cite 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}}</ref> 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.<ref name="nswtaylor">{{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}}</ref><ref>{{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}}</ref>


* [http://www.cityofsydney.nsw.gov.au/Community/ServicesAndPrograms/RelationshipsDeclarationProgram.asp Sydney Relationships Declaration Program]
* [http://www.cityofsydney.nsw.gov.au/Community/ServicesAndPrograms/RelationshipsDeclarationProgram.asp Sydney Relationships Declaration Program]


=== Norfolk Island ===
=== Norfolk Island ===
In [[2005]] [[Norfolk Island]] created the ''De Facto Relationships Act 2005'', providing for domestic partnerships beginning in [[2006]].<ref>[http://www.norfolk.gov.nf/ Norfolk Island Homepage (see De Facto Relationships Act 2005)<!-- Bot generated title -->]</ref> 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.<ref name="info1"/>
In [[2005]] [[Norfolk Island]] created the De Facto Relationships Act 2005, providing for domestic partnerships beginning in [[2006]].<ref>[http://www.norfolk.gov.nf/ Norfolk Island Homepage (see De Facto Relationships Act 2005)<!-- Bot generated title -->]</ref> 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.<ref name="info1"/>


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


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."
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 ===
=== Queensland ===
Amendments to [[Queensland|Queensland's]] ''Property Law Amendment Act'' recognize same-sex partners in regard to the distribution of property in the event of a separation.
Amendments to [[Queensland|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 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.<ref>[http://www.legislation.qld.gov.au/Bills/49PDF/1999/IndustrialRelationsB99.pdf INDUSTRIAL RELATIONS BILL 1999-Government<!-- Bot generated title -->]</ref>
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.<ref>[http://www.legislation.qld.gov.au/Bills/49PDF/1999/IndustrialRelationsB99.pdf INDUSTRIAL RELATIONS BILL 1999-Government<!-- Bot generated title -->]</ref>


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<ref>http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2002/02AC074.pdf</ref>.
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<ref>http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2002/02AC074.pdf</ref>.


=== South Australia ===
=== 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 Australia]]n law. The legislation did not include adoption or reproductive technologies such as [[IVF]] and [[surrogacy]].
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 Australia]]n 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)''<ref>[http://www.legislation.sa.gov.au/LZ/C/A/STATUTES%20AMENDMENT%20(DOMESTIC%20PARTNERS)%20ACT%202006.aspx South Australian Legislation]</ref> and the ''Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13)''.<ref>[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)]</ref><reF>[http://www.austlii.edu.au/au/legis/sa/num_act/sapa200643o2006447/ STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006)]</ref><ref>[http://www.lsc.sa.gov.au/ Legal Services Commission of South Australia<!-- Bot generated title -->]</ref><ref>[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]</reF><reF>[http://www.365gay.com/Newscon06/12/120706ozrts.htm Gay News From 365Gay.com]</reF><ref>[http://www.gaywired.com/article.cfm?section=66&id=11930 GayWired.com - Southern Australia Approves Domestic Partners Legislation; Gay Rights Advocates Celebrate<!-- Bot generated title -->]</ref><ReF>http://www.actwin.com/eatonohio/gay/sahoa.html</ref><ref>http://www.humanrights.gov.au/media_releases/2007/38_07.html</ref>
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)<ref>[http://www.legislation.sa.gov.au/LZ/C/A/STATUTES%20AMENDMENT%20(DOMESTIC%20PARTNERS)%20ACT%202006.aspx South Australian Legislation]</ref> and the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13).<ref>[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)]</ref><reF>[http://www.austlii.edu.au/au/legis/sa/num_act/sapa200643o2006447/ STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006)]</ref><ref>[http://www.lsc.sa.gov.au/ Legal Services Commission of South Australia<!-- Bot generated title -->]</ref><ref>[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]</reF><reF>[http://www.365gay.com/Newscon06/12/120706ozrts.htm Gay News From 365Gay.com]</reF><ref>[http://www.gaywired.com/article.cfm?section=66&id=11930 GayWired.com - Southern Australia Approves Domestic Partners Legislation; Gay Rights Advocates Celebrate<!-- Bot generated title -->]</ref><ReF>http://www.actwin.com/eatonohio/gay/sahoa.html</ref><ref>http://www.humanrights.gov.au/media_releases/2007/38_07.html</ref>


* [http://www.justice.sa.gov.au/news_detail.asp?id=109 South Australia Domestic Partners Legislation]
* [http://www.justice.sa.gov.au/news_detail.asp?id=109 South Australia Domestic Partners Legislation]
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{{main|Domestic partnership in Tasmania}}
{{main|Domestic partnership in Tasmania}}


Beginning [[January 1]], [[2004]], [[Tasmania|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.<ref>[http://www.justice.tas.gov.au/bdm/relationships Births Deaths and Marriages : Relationships<!-- Bot generated title -->]</ref><ref>[http://www.buddybuddy.com/d-p-taz.html Partners Task Force - Tasmania: Relationships Act<!-- Bot generated title -->]</ref>
Beginning [[January 1]], [[2004]], [[Tasmania|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.<ref>[http://www.justice.tas.gov.au/bdm/relationships Births Deaths and Marriages : Relationships<!-- Bot generated title -->]</ref><ref>[http://www.buddybuddy.com/d-p-taz.html Partners Task Force - Tasmania: Relationships Act<!-- Bot generated title -->]</ref>


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.<ref>{{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}}</ref>
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.<ref>{{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}}</ref>


=== Victoria ===
=== Victoria ===
Since August [[2001]], 60 Acts in [[Victoria (Australia)|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<ref>http://www.over-the-rainbow.org/main/topic1_3.htm</ref><Ref>[http://www.equalopportunitycommission.vic.gov.au/publications/rights%20brochures/same%20sex%20relationships.asp Same sex relationships]</ref><ref>[http://www.365gay.com/Newscon06/11/111706ozPartner.htm Gay News From 365Gay.com<!-- Bot generated title -->]</ref><ref>[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<!-- Bot generated title -->]</ref><ref>[http://www.isfat.com/forum/index.php?showtopic=1220 Hooray for Melbourne and gay sex! - ISFAT<!-- Bot generated title -->]</ref><ref>[http://www.saltshakers.org.au/html/P/9/B/369/ Homosexuality - MCC same sex relationships register - Salt Shakers Inc<!-- Bot generated title -->]</ref><ref>http://www.news.com.au/story/0,23599,21610747-2,00.html?from=public_rss Gays recognized with legal standing</ref>.
Since August [[2001]], 60 Acts in [[Victoria (Australia)|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<ref>http://www.over-the-rainbow.org/main/topic1_3.htm</ref><Ref>[http://www.equalopportunitycommission.vic.gov.au/publications/rights%20brochures/same%20sex%20relationships.asp Same sex relationships]</ref><ref>[http://www.365gay.com/Newscon06/11/111706ozPartner.htm Gay News From 365Gay.com<!-- Bot generated title -->]</ref><ref>[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<!-- Bot generated title -->]</ref><ref>[http://www.isfat.com/forum/index.php?showtopic=1220 Hooray for Melbourne and gay sex! - ISFAT<!-- Bot generated title -->]</ref><ref>[http://www.saltshakers.org.au/html/P/9/B/369/ Homosexuality - MCC same sex relationships register - Salt Shakers Inc<!-- Bot generated title -->]</ref><ref>http://www.news.com.au/story/0,23599,21610747-2,00.html?from=public_rss Gays recognized with legal standing</ref>.


In April [[2007]], the City of [[Melbourne]] established a Relationships Declaration Program (like Sydney's from 2005). <ref>http://www.melbourne.vic.gov.au/info.cfm?top=208&pg=3483</ref><ref>[http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=765 City of Melbourne - News and Media Centre - Story Show Page<!-- Bot generated title -->]</ref><ref>http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=773 Victoria's first Relationship Declaration Register launched</ref><ref>http://www.news.com.au/story/0,23599,21611975-29277,00.html?from=public_rss Same-sex register for Victoria</ref>.
In April [[2007]], the City of [[Melbourne]] established a Relationships Declaration Program (like Sydney's from 2005). <ref>http://www.melbourne.vic.gov.au/info.cfm?top=208&pg=3483</ref><ref>[http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=765 City of Melbourne - News and Media Centre - Story Show Page<!-- Bot generated title -->]</ref><ref>http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=773 Victoria's first Relationship Declaration Register launched</ref><ref>http://www.news.com.au/story/0,23599,21611975-29277,00.html?from=public_rss Same-sex register for Victoria</ref>.
Line 204: Line 204:
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 [[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 (Australia)|Victoria]] introduced a Bill on [[19 December]] [[2007]] which would create a domestic partnership registry called the ''Relationships Bill 2008''<ref>[http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/A7C96DDA582FCCDDCA2573A7007A3B1D/$FILE/561144bi1.pdf Relationships Bill 2007<!-- Bot generated title -->]</ref>. It was passed by the [[Victorian Legislative Assembly]] on [[12 March]] [[2008]] and passed by the other Victorian Legislative Council on [[10 April]] [[2008]], The Relationships Bill received the Royal Assent from the Governor of Victoria, Dr. [[David de Kretser]] on [[15 April]] [[2008]]. The Relationships Bill will come into operation by [[1 December]] [[2008]].
The state of [[Victoria (Australia)|Victoria]] introduced a Bill on [[19 December]] [[2007]] which would create a domestic partnership registry called the Relationships Bill 2008<ref>[http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/A7C96DDA582FCCDDCA2573A7007A3B1D/$FILE/561144bi1.pdf Relationships Bill 2007<!-- Bot generated title -->]</ref>. 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.melbourne.vic.gov.au/info.cfm?top=208&pg=3483 Melbourne Relationship Declaration Register]
Line 210: Line 210:


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


[[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.
[[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.

Revision as of 13:55, 26 September 2008

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)[1] 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.[2]

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[3], intending to incorporate the common law definition of marriage into the Marriage Act 1961 and the Family Law Act.[4] 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.[5]

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.[6]

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".[7][8] 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."[9]

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".[10] 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."[11] Rudd repeated his opposition to same-sex marriage in an interview with radio host Kyle Sandilands on 23 October 2007,[12] 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.[13]

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."[14][15]

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.[16]

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.[17]

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.[18]

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.[19]

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'.[20][21]

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" [22][citation needed].

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.[citation needed]

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.[23][24]

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. [25]

  • 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.[26]

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).[27][28][29][30]

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.[31] By April 2008, McClelland announced that legislation to remove these inequalities would be introduced when Parliament resumes in May for the winter sittings.[23]

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:

Status of same-sex unions in Australia.
  Same-sex marriages
  Same-sex civil unions
  Same-sex domestic partnership registries
  Same-sex domestic partnership agreements
  Same-sex domestic partnership being debated
  Defined statewide as "De facto"
  State same-sex marriage ban
Official status Pending legislation
ACT Yes Civil Partnership (Registry) -
New South Wales Relationships Register (City of Sydney);

Defined as 'De facto' statewide, no registry

-
Norfolk Island Defined as 'De facto', via court order[32] -
Northern Territory Defined as 'De facto', no registry -
Queensland Defined as 'De facto', no registry The Queensland Government has announced it will be considering the creation of a relationship register in late 2008.
South Australia Yes Domestic Partner (Agreement) -
Tasmania Yes Registered Partnership (Registry) The Same-Sex Marriage Bill 2008 was introduced into State Parliament on 1 July 2008.
Victoria Relationships Register (City of Melbourne & Yarra City Council)

Yes Domestic Relationship (Registry) statewide (1/12/2008)

The Relationships Act 2008 (assented 4 May 2008, commences 1 Dec 2008)
Western Australia Defined as 'De facto', no registry -

Australian Capital Territory

Since 1994 the ACT has had the Domestic Relationships Act 1994[33] 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.[34][35][36][37]. In February 2007 civil partnerships were blocked again[38][39][40][41] 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.[42] 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.[43] He was criticised by Greens Senator Bob Brown, who said it was the ugly face of Labor conservatism.[44]

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.[45][46]

New South Wales

In 1977, the Anti-Discrimination Act 1977[47] 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.[48] 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. [49][50][51] [52] [53] [54]

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.[55] 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.[56]

On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008[57] 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.[58][59]

Norfolk Island

In 2005 Norfolk Island created the De Facto Relationships Act 2005, providing for domestic partnerships beginning in 2006.[60] 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.[32]

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.[61]

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.[62]

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[63].

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)[64] and the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13).[65][66][67][68][69][70][71][72]

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.[73][74]

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.[75]

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[76][77][78][79][80][81][82].

In April 2007, the City of Melbourne established a Relationships Declaration Program (like Sydney's from 2005). [83][84][85][86].

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[87]. 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.

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[88].

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. [89]

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.[90]

Summary of rights

Template:LGBT rights Australia

See also

References

  1. ^ COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51 Legislative powers of the Parliament [ see Notes 10 and 11]
  2. ^ http://www.movingforward.org.au/index.html
  3. ^ Marriage Amendment Bill 2004
  4. ^ http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDR&Criteria=DOC_DATE:2004-05-27;SEQ_NUM:42;
  5. ^ http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=1541&TABLE=OLDBILLS
  6. ^ http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=1014809&TABLE=HANSARDS
  7. ^ http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:324;
  8. ^ "Coalition, Labor pass same-sex marriage ban". ABC News Online. 2004-08-13.
  9. ^ Albanese, Anthony (2004-06-16). "Marriage Legislation Amendment Bill 2004: Second Reading". Anthony Albanese MP. Retrieved 2008-05-26.
  10. ^ The discrimination that makes a lie of equality
  11. ^ AM - Howard, Rudd make pitch to Christian voters
  12. ^ http://www.abc.net.au/news/video/2007/10/23/2067936.htm?site=elections/federal/2007 ABC video of interview
  13. ^ "Same sex unions". Australian Democrats. 2006. Retrieved 2008-06-02.
  14. ^ "South Australian MP fights for more gay rights (15 October 2004)". Pink Guide. Retrieved 2008-05-01.
  15. ^ "South Australia to consider same-sex civil unions (19 October 2004)". Fridae.com. Retrieved 2008-05-01.
  16. ^ Gay News From 365Gay.com
  17. ^ Australian Attorney-General's website.
  18. ^ National register for gay couples, says Kevin Rudd
  19. ^ "Feds find 100 laws to fix". bnews - Melbourne Star. Retrieved 2008-02-29.
  20. ^ HREOC Same-sex same entitlements Report
  21. ^ Human Rights and Equal Opportunity (HREOC Australia) report, Same-sex Entitlements Discussion Paper II (2006)
  22. ^ Human Rights and Equal Opportunity Commission: Same-Sex: Same Entitlements Report, June 21, 2007
  23. ^ a b http://www.smh.com.au/news/national/matching-rights-for-gay-couples/2008/04/29/1209234862823.html Matching Rights for Gay Couples
  24. ^ http://www.news.com.au/heraldsun/story/0,21985,23621341-5005961,00.html Gay group welcomes equal rights move
  25. ^ Majority support same-sex marriage - poll | NEWS.com.au
  26. ^ Public backs gay unions, equality - National - theage.com.au
  27. ^ Gay couples deserve 'equal treatment' | The Australian
  28. ^ Ruddy Good News - What The Election Results Mean For Us on SameSame.com.au
  29. ^ Nelson backs gay reforms | The Australian
  30. ^ Turnbull gets in ring for gay rights fight | NEWS.com.au
  31. ^ http://www.bnews.net.au/content/view/1251/2/ Feds find 100 laws to fix
  32. ^ a b http://www.info.gov.nf/legislation/NumberedActs/2006/DeFactoRelationshipsAct2005.doc De Facto Relationships Act 2005
  33. ^ DOMESTIC RELATIONSHIPS ACT 1994
  34. ^ ACT revising same sex relationships law. 20/10/2006. ABC News Online
  35. ^ Equal rights closer for ACT gay couples | NEWS.com.au
  36. ^ Gay News From 365Gay.com
  37. ^ http://www.acl.org.au/pdfs/load_pdf_public.pdf?pdf_id=717&from=
  38. ^ Gay marriage plan a risk to minors, A-G says | NEWS.com.au
  39. ^ Minors could 'wed' under gay marriage plan | NEWS.com.au
  40. ^ Same-sex union Bill blocked again | NEWS.com.au
  41. ^ G-G to disallow civil unions laws. 13/06/2006. ABC News Online
  42. ^ Rudd refuses to overrule ACT on gay partnership bill - National - theage.com.au
  43. ^ Maley, Paul (2008-02-07). "Gay unions are OK ... just don't do it in public". The Australian. Retrieved 2008-02-07. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  44. ^ "ACT civil partnerships issue will cause government rift: Brown". Australian Broadcasting Corporation. 2008-02-07. Retrieved 2008-02-07.
  45. ^ "ACT made to axe gay unions". The Australian. Retrieved 2008-05-05.
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  47. ^ Anti-Discrimination Act 1977
  48. ^ "Homosexual Discrimination" (PDF). Anti-Discrimination Board of New South Wales. Retrieved 2007-09-03.
  49. ^ "Relationships Declaration Program". City of Sydney. Retrieved 2007-09-03.
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  53. ^ "Hooray for Melbourne and gay sex!". ISFAT.com. Retrieved 2007-09-03.
  54. ^ "Melbourne City Council - 'Relationships Declaration Register'". Salt Shakers. Retrieved 2007-09-03.
  55. ^ "Relationships and the law". Law Reform Commission New South Wales. Retrieved 2008-05-01.
  56. ^ "Relationship rights in limbo". SSOnet. Retrieved 2008-05-01.
  57. ^ "Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008". Parliament of New South Wales. Retrieved 2008-06-11.
  58. ^ Taylor, Christian (2008-04-23). "New Laws for Same Sex Families". SameSame.com.au. Retrieved 2008-05-01.
  59. ^ "Parenting reforms welcomed". SX News. 2008-06-11. Retrieved 2008-06-11.
  60. ^ Norfolk Island Homepage (see De Facto Relationships Act 2005)
  61. ^ LAW REFORM (GENDER, SEXUALITY AND DE FACTO RELATIONSHIPS) ACT 2003
  62. ^ INDUSTRIAL RELATIONS BILL 1999-Government
  63. ^ http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2002/02AC074.pdf
  64. ^ South Australian Legislation
  65. ^ STATUTES AMENDMENT (EQUAL SUPERANNUATION ENTITLEMENTS FOR SAME SEX COUPLES) ACT 2003 (NO 13 OF 2003)
  66. ^ STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006)
  67. ^ Legal Services Commission of South Australia
  68. ^ South Australia gays get new rights - from Pink News - all the latest gay news from the gay community - Pink News
  69. ^ Gay News From 365Gay.com
  70. ^ GayWired.com - Southern Australia Approves Domestic Partners Legislation; Gay Rights Advocates Celebrate
  71. ^ http://www.actwin.com/eatonohio/gay/sahoa.html
  72. ^ http://www.humanrights.gov.au/media_releases/2007/38_07.html
  73. ^ Births Deaths and Marriages : Relationships
  74. ^ Partners Task Force - Tasmania: Relationships Act
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  76. ^ http://www.over-the-rainbow.org/main/topic1_3.htm
  77. ^ Same sex relationships
  78. ^ Gay News From 365Gay.com
  79. ^ Same sex and the city - In Depth - theage.com.au
  80. ^ Hooray for Melbourne and gay sex! - ISFAT
  81. ^ Homosexuality - MCC same sex relationships register - Salt Shakers Inc
  82. ^ http://www.news.com.au/story/0,23599,21610747-2,00.html?from=public_rss Gays recognized with legal standing
  83. ^ http://www.melbourne.vic.gov.au/info.cfm?top=208&pg=3483
  84. ^ City of Melbourne - News and Media Centre - Story Show Page
  85. ^ http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=773 Victoria's first Relationship Declaration Register launched
  86. ^ http://www.news.com.au/story/0,23599,21611975-29277,00.html?from=public_rss Same-sex register for Victoria
  87. ^ Relationships Bill 2007
  88. ^ Acts Amendment (Lesbian and Gay Law Reform) Act 2002
  89. ^ http://www.stonewall.org.uk/information_bank/partnership/international/137.asp#21 Countries that recognize or proposed to recognize same-sex relationships
  90. ^ Australian trans passport victory- from Pink News- all the latest gay news from the gay community - Pink News

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