Same Sex, Same Laws


Author: Craddock Murray Neumann Lawyers

Publish Date: Dec 03, 2008

The Rudd government removed discrimination against same-sex couples in more than 100 pieces of federal legislation, following through on their election promise one year ago.

On November 24, the Senate passed laws removing same-sex discrimination from areas such as leave entitlements, superannuation, employment, social security, aged care, health and tax. The definition of a de facto relationship now also applies to same-sex relationships.

The three major law reforms are the: Same-Sex Relationships (Equal Treatment in Commonwealth Laws Superannuation) Bill 2008, Same-Sex Relationships (Equal Treatment in Commonwealth Laws General Law Reform) Bill 2008, The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008, which commenced late November.

They seek to eliminate discrimination against same-sex couples and the children of same-sex relationships, amend the definitions of "de facto", "parent", "child" and "relationship" to ensure that same-sex couples are treated equally before the law, and provide access to the federal family law courts.

These law reforms honour the recommendations of the 2007 Human Rights and Equal Opportunity Commission report, which highlighted that at least 20,000 same-sex couples in Australia experience daily discrimination.

"These reforms are about equality, extending the same treatment to persons in de facto partnerships regardless of their sexual preference," Senator Penny Wong said.

But Australian Greens leader Senator Brown said discrimination against same-sex couples would only end when they were legally able to wed.

The Senator is critical of the Labor Government and coalition opposition for not including marriage provisions in the legislation.

Suggestions that these law reforms undermine and devalue the institution of marriage by extending similar rights to heterosexual and same-sex de facto couples are being debated.

Federal Attorney-General, Robert McClelland, says the government has not changed its position on same-sex marriage and will not move to legalise it.

"The Labor Party policy is firm - that marriage is between a man and a woman," Mr McClelland said. "Our reforms have been introduced but we haven't amended the definition of marriage in the Marriage Act."

"Marriage should keep its privilege status and not be undermined," Family First Senator Steve Fielding said.

Mr Graeme Innes AM, Human Rights Commissioner, from HREOC, rejected the dialogue that these law reforms threaten the sanctity of marriage.

"The level of keenness...from a range of the same sex couples who wish to become married and join that institution would suggest that in fact it is supported by those views rather than undermined by them."

And, what may seem as controversial, Reverend Elenie Poulos, from the Uniting Church Australia, stated they did not believe the inclusion of same-sex couples in the legislation would undermine marriage in any way.

Senator Brown said the Greens would continue to pressure the government to extend the definition of marriage.


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